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06/11/2014 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, June 11, 2014 Key West, Florida A Special Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Marathon Government Center. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner George R. Neugent, Commissioner Danny Kolhage, Commissioner David Rice and Mayor Sylvia Murphy. Also present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Lindsey Ballard, 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 seconded by Commissioner Carruthers granting approval of the Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. PRESENTATIONS OF AWARDS Item B 1 Mayor's Proclamation declaring the month of July to be Parks and Recreation Month. Item K3 Presentation of a Resolution in recognition of the Monroe County Tourist Development council for dedicated service to Monroe County and the Florida Keys. Item K4 Presentation of a Resolution to recognize the heroism the bravery of two young men in the water rescue of the occupants of a small plane, bayside Marathon. 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 of an Addendum Agreement # 001 - shancock -s -10 to our Microsoft Volume Licensing Agreement # OIE73214 for 20 Subscription Licenses for Microsoft Office 365 for 27 months at a cost of $2,878.20. 06/11/2014 Pagel Item C2 Board adopted a Resolution to establish a financial bonus process for in -house EMS billing and collections contract employees in accordance with State Statute 215.425 and employment contracts. RESOLUTION NO. 10OA -2014 Said Resolution is incorporated herein by reference. Item C3 Board granted approval of an Agreement with the State of Florida, Division of Emergency Management concerning an Emergency Management Base Grant (Contract # 15- BG- 83- 11 -54 -01 -044) in the amount of $105,806, fully grant funded and no county match; and authorization for the County Administrator to execute any other required documentation in relation to the application process. Item C4 Board granted approval of an Emergency Management Performance Grant FY15 Federally Funded Subgrant Agreement 15- FG- 11 -54 -01 -111 in the amount of $66,349.00, fully grant funded and no county match, and authorization for the County Administrator to execute any other required documentation in relation to the application process. Item C5 Board granted approval of a Memorandum of Agreement between the City of Miami and Monroe County for distribution of two (2) Diesel Generators with Tandem Trailer at no cost to the County and valued at $58,017.48 and $53,250.78 respectively with no county match required; and authorization for the County Administrator to execute any other required documentation related to modifications, amendments, extensions, or any other matter related to this UASI Memorandum of Agreement. Item C6 Board granted approval of a Fifth Amendment of the Contract for Temporary Pigeon Key Ferry Service, extending the termination date to June 30, 2015. Item C7 Board granted approval of a Contract with Parsons Brinckerhoff, Inc. for Construction Engineering and Inspection (CEI) services for the No Name Key Bridge Repair Project. This project is funded by Florida Department of Transportation (FDOT) through a Local Agency Program (LAP) Agreement. Item C8 Board granted approval of the Local Ranking Committee results for the 2014 Transportation Alternative Program (TAP) Funding Applications. Item C9 Board granted approval of a First Amendment to Contract for Professional Services with Bender & Associates Architects, P.A. for the renovation of the community meeting room at the W. Martello Tower. This is a TDC funded project. Item C10 Board granted approval of a Contract with Currie Sowards Aguila Architects to perform a Facility Condition Assessment on the Plantation Key Courthouse to determine the viability of the structure. The replacement of the Plantation Key Jail and Courthouse are to be funded by the infrastructure sales tax. 06/11/2014 Page 2 Item C11 Board granted approval of a First Amendment to Contract for Professional Services with Currie Sowards Aguila Architects for the Freeman Justice Center Acoustic Renovation. Item C12 Board granted approval of Receipt of monthly report on change orders reviewed by the County Administrator's Office. Item C13 Board granted approval of a First Amendment to Agreement for Professional Services with William P. Horn Architect, P.A. for the Monroe County Redevelopment of Bernstein Park. The Redevelopment will be funded through the one cent infrastructure sales tax. Item C15 Board granted approval of a Ratification of the month -to -month Homeless Safe Zone Interlocal Agreement with the City of Key West, with Exhibit A. now attached, which was not attached to the ILA in the March 19, 2014 agenda backup when approved. Item C16 Board granted approval for Solid Waste Management staff to reduce tipping fees for disposal of illegal fishing gear that remains in the water illegally during closed season. Item C17 Board granted approval of an Exception to Section 2.02B of the personnel policies and approval to create a new position to be occupied for up to three months to allow for the hiring of a replacement for the Senior Specialist Customer Service, Solid Waste, Key West Office (PWSW014). Item C18 Board granted approval to amend existing Unleaded Gasoline and Diesel Fuel Supplier Contract with Dion Oil Company, LLC allowing Fleet Department to purchase, receive deliveries and use ultra -low traditional diesel rather than bio diesel fuel. Item C19 Board granted approval to Award bid and execute a contract with All Power Generators, Corp. for emergency generator inspections and repairs. Item C20 Board granted approval of Property Use Agreement with the Key Largo Chamber of Commerce for use of county -owned property in Key Largo (former Rowell's Marina site) on July 4, 2014, to conduct their Annual Fourth of July Family Picnic. Item C21 Board granted approval of Amendment #0002 to contract # KG069 between the State of Florida, Department of Children and Families and Monroe County Board of County Commissioners for contract period of 07/01/2012 through 12/31/2014. Item C22 Board granted approval of Florida Department of Children and Families Standard Grant Agreement #KPZ14, Emergency Solutions Grant between Monroe County Board of County Commissioners (Social Services) and the State of Florida, Department of Children and Families. 06/11/2014 Page 3 Item C23 Board granted approval a Verbal month to month holdover lease with Greyhound. Item C24 Board granted approval to Reject All Bids and Authorization to Re -Bid the KWIA Drainage Corrective Action Project Phase I. Item C25 Board granted approval to Award bid and enter into a Contract for Janitorial Services at the Florida Keys Marathon Airport (Terminal building) to Jayne's Cleaning Service, Inc., in the amount of $22,000 annually. Item C26 Board granted approval of an Extension to the Anderson Outdoor Advertising Agency Agreement with John Anderson. Item C27 Board adopted 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. 101 -2014 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.2). RESOLUTION NO. 102 -2014 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 3). RESOLUTION NO. 103 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.4). RESOLUTION NO. 104 -2014 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO. 105 -2014 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 6). RESOLUTION NO. 106 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.7). RESOLUTION NO. 107 -2014 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 8). RESOLUTION NO. 108 -2014 Said Resolution is incorporated herein by reference. 06/11/2014 Page 4 Receipt of Unanticipated Funds (OMB Schedule Item No.9). RESOLUTION NO. 109 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 110 -2014 Said Resolution is incorporated herein by reference. Item C28 Board granted approval to Execute a Traffic Signal Maintenance and Compensation Agreement with Florida Department of Transportation (FDOT) effective July 1, 2014. Item C29 Board granted approval of Comcast Enterprise Services Sales Order Form FL- 278919- dkeen- 2235442 under the existing Comcaast Master Services Agreement FL- 278919- dkeen to provide MPLS fiber Ethernet services at 10010 Overseas Hwy in Marathon FLfor the Supervisor of Elections and at QTS located 11234 NW 20th Street in Miami, which will be the new location for our Miami datacenter in October of 2014. Total cost for 48 -month term is $85,048.80. DIVISION OF GROWTH MANAGEMENT -BULK APPROVALS Item H1 Board granted approval to Re- appoint Mrs. Peggy J. Bankester, layperson — LK, to one additional three -year term to the Contractors' Examining Board (CEB) beginning June 11, 2014 ending June 11, 2017. Item H2 Board granted approval to Re- appoint Mr. Frank Toppino, ENGI 132A, Alternate, to one additional three- year term to the Contractors' Examining Board (CEB) beginning June 11, 2014 and ending June 11, 2017. Item H3 Board granted approval of First Amendment to Agreement between Selectron Technologies, Inc. and Monroe County in the amount of $14,100 for enhancements to the Interactive Voice Response (IVR) system for permit inspection scheduling, reporting. and providing inspection status to the public. MONROE COUNTY SHERIFF DEPARTMENT Item J1 Board granted approval of Request for Expenditure from the Law Enforcement Trust Fund: $250.00 Florida Keys All Star Baseball Team: To help cover travel expenses for the team final International Baseball Tournament in Orlando, FL. 06/11/2014 Page 5 Item J2 Board granted approval of an MOU between the Monroe County Sheriff's Office and Monroe County Board of County Commissioners to apply for reimbursement of funds from the UASI FY 2013 Grant/Homeland Security Office of Domestic Preparedness with the City of Miami. The $96,925.27 from the grant will be used to purchase law enforcement equipment approved by the granting agency. COMMISSIONERS' ITEMS Item K1 Board granted approval to Re- appoint Gregg Talbert to the South Florida Workforce Investment Board to fulfill the Mayoral private sector appointment. Item K2 Board granted approval to Re- appoint RaiEtte Avael to the South Florida Behavioral Health Network Board. Item K3 Board adopted a Resolution in recognition of the Monroe County Tourist Development council for dedicated service to Monroe County and the Florida Keys. RESOLUTION NO. 111 -2014 Said Resolution is incorporated herein by reference. Item K4 Board adopted a Resolution to recognize the heroism and bravery of two young men in the water rescue of the occupants of a small plane, bayside Marathon. RESOLUTION NO. 112 -2014 Said Resolution is incorporated herein by reference. Item K6 Board granted approval by the Board of Commissioners to Re- appoint Ed Swift to the RESTORE Act Advisory Committee Item K7 Board granted approval by the Board of Commissioners to Re- appoint Stan Darczuk to the Florida Keys Council for People with Disabilities COUNTY CLERK -BULK APPROVALS Item L2 Board granted approval of the Board of County Commissioners minutes from the May 1 st, 2014 special meeting (previously distributed). 06/11/2014 Page 6 Item L3 Board granted approval of Warrants for the month of May, 2014.: (107341- 107404 & 584680 - 585576): General Fund (001), in the amount of $1,403,630.28; Fine & Forfeiture Fund (101), in the amount of $106352.47; Road and Bridge Fund (102), in the amount of $190,962.32; TDC District Two Penny (115), in the amount of $471,656.62; TDC Admin. & Promo 2 Cent (116), in the amount of $899,353.50; TDC District 1,3 Cent (117), in the amount of $492,447.52; TDC District 2,3 Cent (118), in the amount of $80,923.82; TDC District 3,3 Cent (119), in the amount of $282,655.01; TDC District 4,3 Cent (120), in the amount of $309,199.19; TDC District 5,3 Cent (121), in the amount of $162,605.97; Gov. Fund Type Grants (125), in the amount of $498,761.67; Impact Fees Roadways (130), in the amount of $390,537.01; Fire & Amb District 1 L &M Keys (141), in the amount of $129,550.25; Upper Keys Health Care (144), in the amount of $73.39; Uninc Svc Dist Parks & Rec (147), in the amount of $55,794.83; Plan, Build, Zoning (148), in the amount of $50,930.35; Duck Key Security (152), in the amount of $5,058.82; Boating Improvement Fund (157), in the amount of $13,652.00; Misc. Special Revenue Fund (158), in the amount of $37,109.87; Environmental Restoration (160), in the amount of $17,678.11; Law Enforcement Trust (162), in the amount of $2000.00; Drug Abuse Trust (164), in the amount of $610.99; Long Key, Layton MSTU (175), in the amount of $296.55; Duck Key MSTU (176), in the amount of $296.55; Building Fund (180), in the amount of $103,008.57; 1 Cent Infra Surtax (304), in the amount of $126,842.82; INFR Sle Srtx Rev Bds2007 (308), in the amount of $793.70; Cudjoe Regional (312), in the amount of $2,110.16; Card Sound Bridge (401), in the amount of $3,880.46; Marathon Airport (403), in the amount of $29,790.13; Key West Intl. Airport (404), in the amount of $230,101.97; PFC & OPER Restrictions (406), in the amount of $28,528.00; MSD Solid Waste (414), in the amount of $684,993.89; Worker's Compensation (501), in the amount of $9,864.79; Group Insurance Fund (502), in the amount of $1,660,975.32; Risk Management Fund (503), in the amount of $352,713.16; Fleet Management Fund (504), in the amount of $133,228.79. Item L4 Board granted approval of Tourist Development Council expenditures for the month of May, 2014. Item L5 Board granted approval to Remove Surplus Equipment from inventory via disposal or advertise for bid. COUNTY ADMINISTRATOR - BULK APPROVALS Item M3 Board granted approval to apply to the U.S. Environmental Protection Agency (EPA) grant. This grant is has four (4) regional priorities, including investigation of alternative approaches to restoring water quality in Florida Keys Canals. If awarded it will fund two to three proposals at Fifty Thousand ($50,000) to One Hundred Thousand ($100,000). This grant is appropriate to assist the County in its Canal Restoration Demonstration Project. Item M5 Board granted approval to add the issue of Payment in Lieu of Taxes (PILT) to the Monroe County 2014 Federal Legislative Agenda. 06/11/2014 Page 7 Item M6 Board granted approval to advertise a Request for Proposal for a privately placed credit facility in an amount not to exceed $48 million. Item M7 Board granted approval of the appointment of Arianna Nesbit to the Health Council of South Florida for a two year term in the category of Purchaser. Item M8 Board granted approval of an Agreement between Monroe County and Thomas Beavers, M.D. to serve as Medical Examiner for Monroe County, contingent upon the Governor's appointment of Dr. Beavers to the office of Medical Examiner. COUNTY ATTORNEY — BULK APPROVALS Item N2 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. Item N3 Board granted approval of Fourth Amendment to Lease Agreement extending the lease for office space for the County Attorney's Office for one (1) year to expire August 31, 2015. Item N4 Board adopted a Resolution rescinding Monroe County Resolution 194 -2012, which had established a procedure for naming alternates to the County Canvassing Board. Resolution 194 -2014 is now moot due to legislative changes enacted in Chapter 2013 -57 Laws of Florida. RESOLUTION NO. 113 -2014 Said Resolution is incorporated herein by reference. 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, Councilman Clark Snow and Councilwoman Kate Scott. Gary Boswell, Deputy Fire Chief addressed the Board concerning the following items: Item G2 Approval of a Resolution to establish a financial bonus process for in -house EMS billing and collections contract employees in accordance with State Statute 215.425 and employment contracts. A motion was made by Councilman Clark Snow and seconded by Councilwoman Kate Scott to adopt the following Reslotution. Motion carried unanimously. 06/11/2014 Page 8 There being no further business, the meeting of Board of Governors for the Fire and Ambulance District I was adjourned. * * * * * * * * * * * * * COUNTY ADMINISTRATOR Item M2 Board discussed the approval of Proposal from Oceanside Investors, LLC and Pritam Singh for the purchase of the Hickory House for a purchase price in the amount of Two Million Dollars and 00 /100 Cents with a down payment of Two Hundred Thousand Dollars and 00 /100 Cents. The following individuals addressed the Board: Bart Smith, representing Oceanside Investors and Noah Singh, representing Pritam Singh; Kevin Wilson, Director of Public Works/Engineering/Project Management and Rick Ramsay, Sheriff. After discussion, a motion was made by Mayor Murphy and seconded by Commissioner Neugent to accept and approve the proposal for Two Million Dollars. A Roll Call Vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage Yes Commissioner Neugent Yes Commissioner Rice Abstain Mayor Murphy Yes Motion Carried. COMMISSIONERS' ITEMS Item K5 Discussion with the Board of Commissioners on the benefits with partnering with the Florida Keys Aqueduct Authority and Key Largo Wastewater District to make available treated wastewater, which is presently being disposed of through injection wells for irrigation. Millions of gallons of treated wastewater which could be used to irrigate parks, roadways, county and municipal landscaping, etc. is going unused. Having discussed this with FKAA and KLWWD they enthusiastically support the idea of partnering on utilization of treated water for irrigation. The following individuals addressed the Board: Daniel Saus, representing Key Largo Wastewater Treatment District; Deb Curlee and Kevin Wilson, Director of Public Works/Engineering and Project Management. After discussion, Mayor Murphy directed Staff to look at all of our parks and see how much it would take to keep them green and what it would cost. SOUNDING BOARD Item I1 Board discussed a Request to do a presentation to the Board of County Commissioners in regards to Monroe County boat ramps, specifically the closure of the Upper Keys Card Sound ramps. The following individuals addressed the Board: John Whalton, Rick Ramsay, Sheriff, and Rich Jones, Administrator of Marine Resources. After discussion, Mayor Murphy asked that Staff get together with all the agencies and discuss this issue. 06/11/2014 Page 9 COUNTY ATTORNEY Item N5 The Board discussed the County's request for qualification for misdemeanor probation services. The following individuals addressed the Board: Eddie Lacasa, representing Court Options; George Romagosa, representing Court Options; Ruben Valdivia, representing Court Options; David McGriff, representing Advocate Program, Inc.; and Bob Shillinger, County Attorney. After discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner Rice to reconsider this and re -open the RFQ Process and ask for a three month extension on existing contract and go thru the request for qualification process again. Roll Call Vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage No Commissioner Neugent No Commissioner Rice Yes Mayor Murphy No Motion Failed. After further discussion, a motion was made by Commissioner Kolhage and seconded by Commissioner Neugent to postpone until the June 30, 2014 BOCC Meeting and ask the County Attorney to review the minutes and decisions of the Selection Committee, interview them if necessary to let us know whether they accurately reflect the intent of the Committee and it's selection. A 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. COUNTY ADMINISTRATOR Item M4 Board discussed the approval to advertise Request for Proposals for processing of the County's Yard Waste. The following individuals addressed the Board: Rhonda Haag, Sustainability Manager; Deb Curlee, representing Last Stand; Bill Hunter, representing Sugarloaf Shores Property Owner's Association; and Alicia Putney. After discussion, a motion was made by Commissioner Carruthers and seconded by Mayor Murphy to remove the ability to incinerate in the County. Motion carried unanimously. After further discussion, a motion was made by Commissioner Kolhage and seconded by Commissioner Rice to approve the Request for Proposals for processing of the County's yard waste. Motion carried unanimously. 06/11/2014 Page 10 STAFF REPORTS Item E1 Don DeGraw, Assistant Director Airports addressed the Board concerning the the potential new air service for the Florida Keys, Southern Airways Express, has expressed interest in providing service out of the Marathon and Key West Airports. TOURIST DEVELOPMENT COUNCIL Item D1 Announcement of one vacant position on the Tourist Development Council District IV Advisory Committee "At Large" appointment. STAFF REPORTS Item E5 Kevin Wilson, Director of Public Works/Engineering/Project Management addressed the Board regarding the Division of Administrative Hearings and they have scheduled the hearing for August 4 th thru the 8 th in Marathon. There is a meet and confer session by June 24, 2014. The Meet and confer session is open to the public as well as the Hearing. This is Aqueduct's Project, DEP's Permit and Dump and Pumps challenge. COMMISSIONERS'ITEMS Item K8 Board discussed the Consideration of the vote approving agenda item I -4 on May 24, 2014 BOCC providing direction regarding a request by the Marine Mammal Conservancy, Inc. for a reduction in the outstanding code fines and costs imposed in code cases CE06030008, CE09030107, and CE11060014. After discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner Neugent to require the full payment of the fines. A Roll Call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage Yes Commissioner Neugent Yes Commissioner Rice Yes Mayor Murphy Yes Motion Carried. COUNTY ADMINISTRATOR Item M1 Roman Gastesi, County Administrator and Bob Shillinger, County Attorney addressed the Board regarding some issues with Staff obtaining information for the Budget. After discussion, a motion was made by Commissioner Kolhage and seconded by Mayor Murphy to have the County Administrator, County Attorney and the Mayor meet with the Clerk of the Court to discuss the issues that they are having with the state of the County's financial records and its effect on the preparation of the County's budget. Motion carried unanimously. 06/11/2014 Page11 COUNTY ATTORNEY Item N1 Bob Shillinger, County Attorney addressed the Board regarding the Abesada Case, the wrongful death suit arising out of the ramp collapse out at the Key West International Airport during the construction of the terminal. County has been defending litigation there jointly with our contractor, Morganti, and others who were involved. A mediation was held recently, there was a working proposal, separate from the mediation. A proposal that involved contribution from the County to assist in the settlement. The contract that the County has with Morganti has indemnification provisions in it, they are paying for the defense of the County in this matter. The only time the County would have any exposure to liability is if the County's own actions somehow were found to be negligent act that lead to the damages. None of the discovery to date has supported such a finding. Ethically obligated to relay this offer to you, asked that the County contribute $100,000.00 to the cost of the settlement, recommending that we do not contribute. There is no basis for liability of the County. PUBLIC HEARINGS Item O1 Board discussed a Public Hearing to consider an Ordinance by the BOCC to amend the Land Use District Map designation of the subject property from Urban Residential Mobile Home to Mixed Use. The subject property is legally described as Block 31, Lot 17, Maloney Sub, Stock Island, Monroe County, Florida. After discussion, a motion was made by Commissioner Kolhage and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 010 -2014 Said Ordinance is incorporated herein by reference Item 02 Kevin Wilson, Director of Public Works/Engineering/Project Management addressed the Board concerning the Public Hearing to consider approval of Resolution accepting dedication to Monroe County of 4 th Avenue West, Cudjoe Gardens Eighth Addition subdivision, Cudjoe, as recorded in Plat Book 7 Page 16 of the public records of Monroe County, Florida. After discussion, a motion was made by Commissioner Rice and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 115 -2014 Said Resolution is incorporated herein by reference. 06/11/2014 Page 12 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 06/11/2014 Page 13