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11/17/2015 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 17, 2015 Regular Meeting Board of County Commissioners Tuesday, November 17, 2015 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 Sylvia Murphy, Commissioner David Rice and Mayor Danny Kolhage. Also present at the meeting were; Bob Shillinger, County Attorney; Amy Heavilin, County Clerk; Cheryl Robertson, Deputy Clerk; county staff and members of the general public. Item A PRESENTATION TO MAYOR KOLHAGE Item B COMMENTS FROM COMMISSIONERS CALL TO ORDER OF 2015 BOARD OF COUNTY COMMISSIONERS COMMISSION ORGANIZATION Item C 1 Selection of Mayor and Mayor Pro Tem of the Commission. A Motion was made by Commissioner Murphy and seconded by Commissioner Rice to select Commissioner Carruthers as the next Mayor. Motion was carried unanimously. A Motion was made by Commissioner Rice and seconded by Commissioner Kolhage to select Commissioner Neugent as the next Mayor Pro Tem. Motion was carried unanimously. Item C2 A Motion was made by Commissioner Murphy and seconded by Commissioner Rice for approval of a resolution electing the Mayor and Mayor Pro Tem for the Board of County Commissioners. Motion was carried unanimously. RESOLUTION #343 -2015 IS INCORPORATED HEREIN BY REFERENCE Item C3 A Motion was made by Commissioner Murphy and seconded by Commissioner Kolhage for 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 carried unanimously. RESOLUTION #344 -2015 IS INCORPORATED HEREIN BY RFERENCE Page I of 20 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 17, 2015 ADDITIONS, CORRECTIONS, DELETIONS Item D 1 Motion was made by Commissioner Rice and seconded by Commissioner Murphy granting approval of the additions, corrections and deletions to the agenda. Motion carried unanimously. A copy of the approved changes are attached at the end of these minutes for reference. PRESENTATION OF AWARDS Item E1 Proclamation proclaiming November 14 -22, 2015 as National Hunger and Homelessness Awareness Week in Monroe County, FL. Item E2 Proclamation designating December 21, 015 as National Homeless Persons Memorial Day. Item E3 Proclamation designating November 2015 as National Home Care Month in Monroe County, FL. Item E4 Presentation of the 3` Quarter Employee Service Award to Ms. Anna Haskins, Special Needs Coordinator, Social Services Department. BULK APPROVALS Mayor Carruthers addressed the audience regarding the Rules of Bulk Approval's items. Motion was made by Commissioner Rice and seconded by Commissioner Murphy granting approval of the following bulk items. Motion passed unanimously. Item F1 Board granted approval of the FY 2016 Airline Rates and Charges for the Key West Intenational Airport, effective October 1, 2015. Item F2 Board granted approval to enter into a Supporting Sponsor Agreement with Naval Air Station Key West in the amount $5000 (Airport Operating Funds), in support of the 2016 Southernmost Air Spectacular Air Show to be held on April 2 & 3, 2016. Item F3 Board granted approval of Jacobs Project Management Co.'s Task Order# 12/14- 43 for the Services Authorized: Emergency Alert System PSO #43 in the amount of $83,404 to be funded by FDOT -AQE35 Suplemental #4 grant executed 10/29/2015 and local match from Airport Operating funds (Planning Studies). Item F4 Board granted ratification and approval of State of Florida Department of Transportation Joint Participation Agreement Number Four for Contract #AQE35 (Planning Studies at both EYW & MTH Airports), which increases the funding of the original grant by $650,000. Key West International Airport is funded 50% FDOT and 50% KWIA operating funds while Marathon Airport is funded 80% FDOT and 20% MTH operating funds. Page 2 of 20 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 17, 2015 Item F5 Board granted ratification and approval of State of Florida Department of Transportation Joint Participation Agreement Number AQH 10 providing funding for EYW Termi • RESOLUTION nal Annex Modification Phase II, Customs and Border Protection facility at the Key West International Airport in the total amount of $597,202 to be funded 50% FDOT ($298,601) and 50% Airport operating funds ($298,601). (AIRPORT: REVISED BACK -UP ONLY — AIS NOW INITIALED.) Item F6 Board granted approval to extend the existing fuel contract with Dion Oil Company, LLC for the second (2nd) additional one year term beginning January 21 st, 2016. Item F7 Board granted approval for the Library to close on Saturday, December 26, 2015. Item F8 Board granted approval of the Library Plan of Service for the year 2016. Item F9 Board granted approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue. (OMB REVISED BACKUP 11/9/15 : Revised Resolution Nos. 8, 10, 19, 25 and 28 and added Resolutions #29 -37) • Resolution #345 -2015 amending of resolution #116 -2015 Fund 312 • Resolution #346 -2015 receipt of unanticipated funds for Fund 158 • Resolution #347 -2015 receipt of unanticipated funds for Fund 158 • Resolution #348 -2015 receipt of unanticipated funds for Fund 001 • Resolution #349 -2015 receipt of unanticipated funds for Fund 158 • Resolution #350 -2015 receipt of unanticipated funds for Fund 158 • Resolution #351 -2015 transfer of funds for Fund 001 & 502 • Resolution #352 -2015 transfer of funds for Fund 001,149, 166, 175 • Resolution #353 -2015 receipt of unanticipated funds for Fund 312 • Resolution #354 -2015 rescinding resolution 334 -2015 receipt of unanticipated funds for Fund 312 • Resolution #355 -2015 rollover of unanticipated Fund 125 • Resolution #356 -2015 transfer of funds for Fund 001 • Resolution #357 -2015 rollover of unanticipated Fund 304 • Resolution #358 -2015 transfer of funds for Fund 158 • Resolution #359 -2015 transfer of funds for Fund 158 • Resolution #360 -2015 transfer of funds for Fund 158 • Resolution #361 -2015 rollover of unanticipated Fund 125 • Resolution #362 -2015 rollover of unanticipated Fund 125 • Resolution #363 -2015 transfer of funds for Fund 403, 404, & 406 • Resolution #364 -2015 receipt of unanticipated funds for Fund 125 • Resolution #365 -2015 receipt of unanticipated funds for Fund 125 • Resolution #366 -2015 receipt of unanticipated funds for Fund 125 Page 3 of 20 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 17, 2015 • Resoltuion #367 -2015 receipt of unanticipated funds for Fund 101 • Resolution #368 -2015 transfer of funds for Fund 304 • Resolution #369 -2015 rescinding resolution 260 -2015 receipt of unanticipated funds for Fund 404 • Resolution #370 -2015 receipt of unanticipated funds for Fund 404 • Resolution #371 -2015 receipt of unanticipated funds for Fund 404 • Resolution #372 -2015 transfer of funds for Fund 148 & 180 • Resolution #373 -2015 receipt of unanticipated funds for Fund 406 • Resolution #374 -2015 receipt of unanticipated funds for Fund 403 • Resolution #375 -2015 receipt of unanticipated funds for Fund 403 • Resolution #376 -2015 receipt of unanticipated funds for Fund 403 • Resolution #377 -2015 receipt of unanticipated funds for Fund 125 • Resolution #378 -2015 receipt of unanticipated funds for Fund 406 • Resolution #379 -2015 receipt of unanticipated funds for Fund 406 • Resolution #380 -2015 transfer of funds for Fund 312 • Resolution #381 -2015 receipt of unanticipated funds for Fund 312 • Resolution #382 -2015 receipt of unanticipated funds for Fund 312 • Resolution #383 -2015 receipt of unanticipated funds for Fund 314 Item F10 Board granted approval of a General Fund Transfer for the Sheriff. to transfer funds for FY15 between functional distributions in accordance with F.S. 30.49(2)(a). Item F12 Board granted approved by the Board, acting as Plan Administrator of the Length of Service Award Plan ( LOSAP) to begin 10 -year disbursement of funds to one eligible participant, with a monthly benefit of $165.00 commencing December 01, 2015. Item F13 Board granted approved by the Board, acting as Plan Administrator of the Length of Service Award Plan ( LOSAP) to begin 10 -year disbursement of funds to one eligible participant, with a monthly benefit of $240.00 commencing November 01, 2015. Item F14 Board granted acceptance of the Monroe County Length of Service Award Program ( LOSAP) actuarial valuation report for the Plan Year 2015 and transfer of funds for Plan Year 2015 into the LOSAP Trust Fund. Item F17 Board granted approval of a Resolution establishing a revised Fee Schedule for use in providing Emergency Medical Air Transport Services as voted on by the Board of County Commissioners and unanimously passed at the June 10, 2015 regular meeting. RESOLUTION #386 -2015 IS INCORPORATED HEREIN BY REFERENCE Page 4 of 20 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 17, 2015 Item F18 Board granted approval of a Resolution adopting the 2015 update of the Local Mitigation Strategy as required by state and federal regulations to qualify for certain mitigation grant funding. RESOLUTION #387 -2015 IS INCORPORATED HEREIN BY REFERENCE Item F19 Board granted approval to negotiate a contract with Kisinger Campo & Associates, the highest ranked respondent, for Design & Permitting Services for the Garrison Bight Bridge Repair Project. The Engineering Design & Permitting Services will be funded by the Florida Department of Transportation (FDOT) through a Local Agency Program (LAP) Agreement. If an agreement cannot be reached, request approval to negotiate with the next highest ranked respondent and to continue until a satisfactory negotiation is achieved. Item F20 Board granted approval to negotiate a contract with Parsons Brinckerhoff, Inc., the highest ranked respondent, for Construction Engineering and Inspection (CEI) Services for the Card Sound Road Bridge Repair Project. If successful negotiations cannot be reached, approval to negotiate a contract with the next highest ranked respondent until successful negotiations are reached. Item F21 Board granted approval of Amendment 1 to the contract for Hurricane Debris and Disaster Response and Recovery Services with DRC Emergency Services, LLC to update contractor contact and personnel information. Item F22 Board granted receipt of monthly report on change orders reviewed by the County Administrator's Office. Item F24 Board granted approval of First Renewal Amendment Agreement with Black Fire Protection, Inc. for "Full Maintenance — Fire Protection Systems ". Item F25 Board granted approval to award bid and execute a contract with Air Mechanical & Service Corp., Inc., for Middle Keys facilities central air conditioning maintenance and repair. Item F26 Board granted approval to award bid and execute a contract with Master Mechanical Services, Inc., for Upper Keys facilities central air conditioning maintenance and repair. Item F27 Board granted approval of First Renewal Amendment Agreement with Stockton Maintenance Group Inc. (SMG) for janitorial services at the Big Pine Key Library. Item F28 Board granted approval of First Renewal Amendment Agreement with Stockton Maintenance Group Inc. (SMG) for janitorial services at the Islamorada Library. Page 5 of 20 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 17, 2015 Item F29 Board granted approval of First Renewal Amendment Agreement with Stockton Maintenance Group Inc. (SMG) for janitorial services at the Key Largo Library. Item F30 Board granted approval of First Renewal, Second Amendment Agreement with Stockton Maintenance Group Inc. (SMG) for janitorial services in Marathon. Facilities include Marathon Library, Marathon Courthouse, Marathon Government Center, Marathon Government Center Annex, Marathon Senior Center, Marathon Supervisor of Elections, Marathon Tax Collector & Marathon Clerk of Courts. Item F31 Board granted approval to enter into a one - year's residential lease agreement with a Sheriff's Deputy for Location B to commence December 01, 2015 and terminate November 30, 2016. Item F32 Board granted approval to rescind BOCC approval action of October 21, 2015 agenda item D -53 and approval of revised (with the final version of Exhibit D and the labeled version of Exhibit F) renewal of the License Agreement with the United States Department of the Navy for use of Navy shoreline on Boca Chica Beach. Item F33 Board granted approval of Amendment #002 to the Older Americans Act (OAA) Contract AA -1529 between the Alliance for Aging, Inc. (AAA) and the Monroe County Board of County Commissioners (Monroe County Social Services /In Home Services and Nutrition programs) to deobligate funding in the amount of $3,371.77 for the current contract period of 1/1/15 to 12/31/15. Item F34 Board granted approval of Amendment #003 of the Alliance for Aging, Inc. Standard Contract, Older Americans Act (OAA) Contract AA- 1529 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 111115 to 12/31/15 to increase funding from $444,245.92 to $456,558. Item F35 Board granted approval of Amendment #004 of the Alliance for Aging, Inc. Standard Contract, Older Americans Act (OAA) Contract AA- 1529 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 111115 to 12/31/15 to increase funding from $456,588 to $462,507.23. Item F36 Board granted approval to hire a Community Resource Development (CRD) Agent to report directly to the Extension Director. Item F38 Board granted approval of a resolution for the rollover of unanticipated revenue. RESOLUTION #389 -2015 IS INCORPORATED HEREIN BY REFERENCE Page 6 of 20 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 17, 2015 Item G1 Board granted approval of a Turnkey Event Agreement with Upper Keys Community Pool, Inc. covering Orange Bowl Classic and Winter Training in December 2016 - January 2017 in an amount not to exceed $50,000, DAC V, FY 2016 Event Resources. Item G2 Board granted approval of an Agreement with Florida Keys Community College and the Letters "FKCC" covering FKCC Swim Around Key West in an amount not to exceed $10,000, DAC I, FY 2016 Event Resources. Item G3 Board granted approval of an Agreement with The Key Lime Festival covering The Key Lime Festival in July 2016 in an amount not to exceed $17,000, DAC I, FY 2016 Event Resources. Item G4 Board granted approval of a Turnkey Agreement with Friends of the Pool, Inc. covering 4th Swim for Alligator Light House in September 2016 in an amount not to exceed $50,000, DAC IV, FY 2016 Event Resources. Item G5 Board granted approval of an Amendment to Agreement with The City of Marathon for the Ocean Front Park Phase 4 -Road Paving, Safety Elements and Commercial Fishing Monument Project to November 17, 2015. Item G6 Board granted approval of an Agreement with New Orleans House of Key West, Inc. covering New Year's Even Shoe Drop in December 2016 in an amount not to exceed $10,000, DAC I, FY 2016 Event Resources. Item G7 Board grantd approval of an Agreement with Bogart Film Festival, L.L.C. covering Humphrey Bogart Film Festival in October 2016 in an amount not to exceed $25,000, DAC V, FY 2016 Event Resources. Item G8 Board granted approval of an Agreement with Lazy Dog Adventures, L.L.C. covering Key West Paddle Classic in April -May 2016 in an amount not to exceed $17,000, DAC I, FY 2016 Event Resources. Item G9 Board granted approval of an Agreement with University of Florida Alumni Association, Inc. covering Southernmost Marathon & Half/Key West Running Festival in an amount not to exceed $25,000, DAC I, FY 2016 Event Resources. Item G10 Board granted approval of an Agreement with Conch Foundation of the Upper Keys, Inc. covering Conch Scramble "on the water" Golf Tournament in September 2016 in an amount not to exceed $10,000, DAC IV, FY 2016 Event Resources. Item GI 1 Board granted approval requesting to waive policies and enter into a contract with STR, Inc. Page 7 of 20 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 17, 2015 Item G12 Board granted approval of a Turnkey Agreement with Key West Tourist Development Association, Inc. covering Fantasy Fest in October 2016 in an amount not to exceed $140,000 ($120,000 = DAC I, $20,000 = DAC I1) FY 2016 Event Resources. Item G13 Board granted approval of an Agreement with Key West Tourist Development Association, Inc. covering Fantasy Fest in October 2016 in an amount not to exceed $20,000, DAC III, FY 2016 Event Resources. Item G14 Board granted approval of an Amendment to Agreement with the Florida Keys Community College and the Letters "FKCC" to extend the termination date for the Tennessee Williams Theater Lobby Expansion Project. Item G15 Board granted approval of an Agreement with Beach Road Trip Weekend, Inc. covering Beach Road Trip Weekend in November 2016 in an amount not to exceed $20,000 (DAC IV = $10,000, DAC V = $10,000) FY 2016 Event Resources. Item G16 Board granted approval of an Agreement with Islamorada Running Company, L.L.0 covering Islamorada Half Marathon & IOK in December 2016 in an amount not to exceed $20,000, DAC IV, FY 2016 Event Resources. Item G17 Board granted approval of an Amendment to Agreement with the City of Key West to extend the termination date for the Rest Beach Renourishment Project to September 30, 2016. Item G18 Board granted approval of an Amendment to Agreement with the City of Key West to extend the termination date for the Rest Beach Renourishment Phase II Project to September 30, 2016. Item G19 Board granted announcement of one vacant position on the Tourist Development Council District III Advisory Committee for one "At Large" appointment. Item K1 Board granted approval of Amendment No. 1 to contract between Earthbalance Corporation and Monroe County, extending the existing contract to May 27, 2016. Item K2 Board granted approval of a resolution of the Monroe County Board of County Commissioners establishing the monetary value for payment to the County's land acquisition fund for an applicant to receive additional points (max of 2) within the Rate of Growth Ordinance/Non- Residential Rate of Growth Ordinance (ROGO/NROGO) allocation systems. RESOLUTION #391 -2015 IS INCORPORATED HEREIN BY REFERENCE Page 8 of 20 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 17, 2015 Item K3 Board granted approval of the 2015 Monroe County Area of Critical State Concern (ACSC) Annual Work Program Report, pursuant to Rule 28- 20.140, F.A.C., which will be sent to the Department of Economic Opportunity (DEO). Item K4 Board granted approval of a resolution setting December 9, 2015, at the Nelson Government Center, Key Largo for a public hearing for a proposed abandonment of a portion of the right -of -way of Nautilus Street and Corsair Road of "Plantation Island ", Duck Key, adjacent to Lot 14, Block 5 according to the plat thereof, recorded in Plat Book 5, Page 82 of the public records of Monroe County, Florida. RESOLUTION #392 -2015 IS INCORPORATED HEREIN BY REFERENCE Item K5 Board granted approval of Occupancy Agreement and 99 -year Ground Lease between Monroe County and Habitat for Humanity of Key West and Lower Florida Keys, Inc., for four (4) parcels of land on Cudjoe Key (RE Nos. 00178350- 000000; 00178360 - 000000;0178370 - 000000; and 00178380 - 000000), on which sixteen (16) owner- occupied affordable employee housing units will be built. Item K6 Board granted approval of Agreement No. MV 174 between Monroe County (County) and the Florida Department of Environmental Protection (DEP) Clean Vessel Act (CVA) Program providing $250,000 in grant reimbursement funding to the County to assist with funding for the County's Mobile Vessel Pumpout Service (Pumpout Service) for one year of operation. Item K7 Board granted approval of Agreement No, S0901 between Monroe County (County) and the Florida Department of Environmental Protection (DEP) providing $100,000 in reimbursement funding to the County to assist with funding for the County's Mobile Vessel Pumpout Service (Pumpout Service). Item K8 Board granted approval of Amendment No.6 to the Agreement (Amended Agreement or Agreement) between Monroe County (County) and Pumpout USA, Inc. (Contractor) for Keys -Wide Mobile Vessel Pumpout Service (Pumpout Service), to: 1) include reference to the Department of Environmental Protection (DEP) agreement with the County which is providing $100,000 of (non -CVA) reimbursement funding towards the cost of the Pumpout Service, 2) include reference to the DEP Clean Vessel Act (CVA) grant agreement with the County which is providing $250,000 in reimbursement funding towards the cost of allowable expenses for the Pumpout Service for one year, 3) providing up to $379,800 from Boating Improvement Funds towards the cost of the Pumpout Service, 4) providing for a total cost of up to $729,800 for one year of Pumpout Service, 5) establishing the term of the Amended Agreement between the County and Pumpout USA to be for one year, commencing November 1, 2015 and ending October 31, 2016, and 6) providing for conditions based on sufficient, continuous funding provided by the two above described agreements with DEP. Page 9 of 20 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 17, 2015 Item K9 Board granted approval to add one (1) full -time equivalent (FTE) for Building to advertise and hire a Senior Director Building Official (Building Official) position, replacing the M.T. Causley, Inc. contracted position with a Monroe County BOCC employee. Item K10 Board granted approval of County Administrator's and Assistant County Administrator's appointment of Rick Griffin to the position of Sr. Director, Building Official. Item N1 Board granted approval of a Memorandum of Understanding (MOU) between the Monroe County Sheriff's Office and Monroe County Board of County Commissioners allocating funding in the amount of $255,000.00 from within the County's budget to install and configure a jail security camera and intercom system. Item O1 Board granted approval of a Resolution of the Board of County Commissioners of Monroe County, Florida, supporting and encouraging collaboration between the County of Monroe and incorporated municipalities of Monroe County on addressing the issues of affordable and workforce housing; directing the County Affordable Housing Advisory Committee (AHAC) to invite representatives from the Cities of Layton, Key Colony Beach, Marathon and Key West, as well as the Village of Islamorada, to an AHAC meeting; and providing for an effective date. RESOLUTION #393 -2015 IS INCORPORATED HEREIN BY REFERENCE Item P2 Board granted approval of Assets inventoried in FY 16 by custodian. Item P3 Board granted approval of Seven assets request for Surplus for FY -16. Item P4 Board granted approval of Assets added FY 16 YTD. Item P5 Board granted approval of BOCC Warrants (Including Payroll) for the Month of September 2015. • A/P and Grant Warrants • Payroll Warrants • Payroll Vouchers • W /Comp Warrants 001 General Fund 101 Fine & Forfeiture 102 Road/Bridges 115 Tourist Development Council (TDC) - Two Penny 116 TDC - Admin Prom62 Cent Page 10 of 20 #10002328 - 10003498 #50000360 - 50000565 #3058809- 3060271 #19863 -20009 3,913,660.71 7,510,603.17 361,920.67 396,062.91 638,562.18 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 17, 2015 117 TDC - District 1 Third Cent 504,205.17 118 TDC - District 2 Third Cent 22,217.55 119 TDC - District 3 Third Cent 81,945.14 120 TDC - District 4 Third Cent 94,302.62 121 TDC - District 5 Third Cent 64,055.01 125 Grant Fund 582,435.40 130 Impact Fees/Roadways 4,786.10 141 Fire /Ambulance 636,111.81 144 Upper Keys Health Care 1,002.76 147 Unincorporated Service 123,492.80 148 Planning Building 380,796.90 149 Municpal Policing 1,455,765.82 150 E911 Enhancement Fund 3.22 152 Duck Key Security 14,898.86 153 Local Housing Assistance 71,293.00 157 Boating Improvement Fund 114,007.22 158 Miscellaneous Special Revenue Fund 29,295.83 160 Environmental Restoration 11,152.35 162 Law Enforcement Trust -600 - 163 Court Facilities 5,976.72 164 Drug Facilities Fees 6,123.16 166 Marathon Munincipal Service - 168 Bay Point Wastewater MSTU 88.12 169 Big Coppitt Wastewater 170 Key Largo Wasterwater - 171 Stock Island Wastewater 2,403.03 172 Cudjoe - Sugarloaf MSTU 1,143.65 174 Conch Key MSTU 655.24 175 Long Key - Layton MSTU 1,138.10 176 Duck Key MSTU 1,087.74 180 Building Funds 357,720.98 201 Building Dept. (PK) 207 2003 Revenue Bonds 706,912.20 301 Building Dept (MTH) - 304 1 Cent Infrastructure 603,736.42 308 Infrastructure Sales Tax Reveue Bond - 310 Big Coppitt Wastewater 4,670.65 311 Duck Key Wastewater 656.56 312 Cudjoe Regional WW Project 7,015,111.27 314 Series 2014 Revenue Bonds 43,622.78 401 Card Sound Bridge 63,431.64 403 Marathon Airport 167,180.23 404 Key West Int'l Airport 564,262.02 406 PFC & Operating Restrictions 8,166.00 414 MSD Solid Waste 1,376,849.22 501 Workers' Compensation 249,881.57 Page 11 of 20 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 17, 2015 502 Goup Insurance Fraud 1,851,981.59 503 Risk Management Fund 131,117.94 504 Fleet Management Fund 135,267.58 512 Transit (KW) 610 Fire/EMS LOSAP Trust Fund 8,880.25 Totals $ 30,320,641.86 Item P6 Board granted approval of Tourist Development Council Expenses for the month of October 2015. Item P7 Board granted approval of the July through September 2015 FKAA invoices (to include salaries), relating to the Cudjoe Regional Wastewater System Project. These invoices are under $50,000 and exceed the County staff's signing authority per BOCC policy and, therefore, are being submitted for approval. Item P8 Board granted approval of the July through September 2015 FKAA invoices (to include salaries), relating to the Cudjoe Regional Wastewater System Project. These invoices are over $50,000 and exceed the County staff's signing authority per BOCC policy and, therefore, are being submitted for approval. Item P9 Board granted Official approval of a request for the Clerk to reallocate the approved FY 15 Clerk's budget for financial statement purposes as well as transparency of how the funds were actually spent. Item Q4 Board granted approval to enter into Amendment No. 3 with JND Thomas Company, Inc. for removing organic muck material from Canal #266 and Canal #290 utilizing vacuum dredging, to authorize the County to mail invoice payments payable to JND to the Allied World Surety (Contractor's Surety Company) for disbursement. Item Q5 Board granted approval to enter into a Contract with the Reel Ting Band to provide music services during the 7th Annual Southeast Florida Regional Climate Leadership Summit. Item Q7 Board granted approval to enter into Amendment No. 1 to the Interlocal Agreement with the South Florida Regional Planning Council ( SFRPC) for conference planning and implementation services for the 7th Annual Southeast Florida Regional Climate Change Summit to authorize travel for SFRPC staff to the Summit and miscellaneous expenditures supporting the event. Item Q 8 Board granted approval to enter into a contract with the following speakers to allow them to be paid a reimbursed for lump sum honorarium for their speaking services travel expenses after they present at the 7th Annual Southeast Regional Climate Leadership Summit: Ernesto L. Diaz, Paul Wolfe, Cynthia Barnett, David Guggenheim, and Elizabeth Fly. Page 12 of 20 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 17, 2015 Item Q9 Board granted approval of a grant application submitted October 30, 2015 to the Florida Department of Environmental Protection (FDEP) to conduct a vulnerability assessment of an important community asset in Monroe County area. This work, if awarded, will include the identification of risk and loss for one asset, Bayshore Manor Assisted Living Facility, as a means of developing a method to quantify potential losses for various important assets in the Keys exacerbated by sea level rise. This method is being developed to facilitate later dialogue which will be focused on developing methods to prioritize assets to be considered for protection across all county controlled or influenced asset types. Item Q10 Board granted approval to enter into Amendment No. 1 to a contract with Casa Operating Lessee Inc., d/b /a Casa Marina, A Waldorf Astoria Resort, for conference hosting and implementation services for the 7th Annual Southeast Florida Regional Climate Change Summit to authorize additional food and beverage services and audio visual services in support of the Summit; authorization for the Sustainability/Projects Director to execute necessary documentation. Item Q1 I Board granted approval to enter into Amendment No. 1 to Grant Agreement awarded by the Environmental Protection Agency (EPA) for the South FL Geographic Initiative Grant Improving Water Quality in Residential Canals to increase the grant amount by $15,001 to equal the amount originally anticipated under the Grant Award. Item R2 Board granted approval of a mediated settlement agreement for a Code Compliance Lien Foreclosure Case styled Monroe County v. Simon L. Sherrill and Sandra Jo Sherrill, Case No. 15 -CA- 223 -P, regarding real property located at 102870 Overseas Highway, Key Largo, FL. Item R3 Board granted authorization to initiate litigation against James C. and Brenda R. Edwards and the property located at 18 Cactus Dr., Big Coppitt Key, Florida, to seek compliance with the County Code and enforce a lien arising from Code Compliance Case Number CE14100095. Item R4 Board granted authorization to initiate litigation against Silvia N. and Hercules J. Ferrandi and the property located at 889 Ellen Dr., Key Largo, Florida, to seek compliance with the County Code and enforce a lien arising from Code Compliance Case Number CE 14090140. Item R5 Board granted authorization to initiate litigation against David R. Rowland and Denise Rowland and the property located at 912 LaPaloma Rd., Key Largo, Florida, to seek compliance with the County Code and enforce a lien arising from Code Compliance Case Number CE 14010062. Item R6 Board granted authorization to initiate litigation against Gregory P. Sutton and the property located at 25 North Dr., Key Largo, Florida, to seek compliance with the Page 13 of 20 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 17, 2015 County Code and enforce a lien arising from Code Compliance Case Number CE13100009. Item R7 Board granted approval of and authorization for the County Attorney to execute the conflict waiver letter dated October 26, 2015, authorizing Ira Libanoff, Esq., to represent the County in two lawsuits in which Berkley Regional Insurance Company ( "Berkley ") is an adversarial party to the County. Item S2 Board granted approval of revised BOCC policy statement for provision of sewer connections in County funded wastewater systems at County expense. THE FIRE AND AMBULANCE DISTRICT 1 BOARD OF GOVERNORS BOARD MEETING FIRE AND AMBULANCE DISTRICT 1 BOARD OF GOVERNORS Present and answering to the Roll Call were Commissioner Danny Kolhage, Commissioner /Chairman David Rice, and Councilwoman Katie Scott. Item J2 A Motion was made by Concilwoman Katie Scott and seconded by Commissioner Kolhage granting approval of Resolution authorizing the write -off of 659 Fire Rescue ground ambulance accounts receivable for CY 2011, totaling $360,837.34 from the Fire Rescue District 41 Fund. Motion was approved unanimously. RESOLUTION # 390 -2015 IS INCORPORATED HEREIN BY REFERENCE FIRE AND AMBULANCE DISTRICT 1 BOARD OF GOVERNORS ADJOURNED AND THE BOARD OF COUNTY COMMISSIONER'S MEETING RECONVENED Item F1 I A Motion was made by Commissioner Kolhage and seconded by Commissioner Murphy granting approval of agreements with Guidance Care Center for the Baker Act Transportation Services and Community Transportation for the Disadvantaged for FY 2016. A Roll -Call was taken by the Clerk with the following results: Commissioner Murphy Commissioner Rice Commissioner Kolhage Mayor Carruthers Yes Abstain, Voting Conflict Yes Yes Motion carried. Item F15 Approval of Resolution authorizing the write -off of 67 accounts receivable covering the time period of November 2011 through August 2015 totaling $388,998.33 for Monroe County residents who qualified for the Page 14 of 20 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 17, 2015 Trauma Star Air Ambulance Waiver Program. Chief Callihan; Director Emergency Services and Bob Shillinger; County Attorney and Christine Hurley; Director of Growth Management addressed the Board. Staff is studying the concerns of Blue Cross Blue Shield and will provide data to the Board. After discussion, a Moton was made by Commissioner Murphy and seconded by Commissioner Rice granting approval to adopt the following resolution. Motion was approved unanimously. RESOLUTION #384 -2015 IS INCORPORATED HEREIN BY REFERENCE Item F16 A Motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval of Resolution authorizing the write -off of 102 Fire Rescue air ambulance accounts receivable for CY 2011, totaling $875,822.46 from the Fine and Forfeiture Fund Account 101- 115002. Motion was approved unanimously. RESOLUTION #385 -2015 IS INCORPORATED HEREIN BY REFERENCE Item F23 A Motion was made by Commissioner Kolhage and seconded by Commissioner Rice granting approval to award bid and enter into a contract with Sea Tech of the Florida Keys, Inc. for the Harvey Government Center painting and repairs, funded through the one -cent infrastructure tax. Commissioner Comments. Motion was approved unanimously. Item F37 Approval of a Resolution adopting the recommendation of the Climate Change Advisory Committee (CCAC) and asking the Florida Department of Transportation to conduct a feasibility study of light rail /monorail system in Monroe County that includes an assessments of anticipated carbon emission reductions, traffic reductions, and sea level rise accommodations. Judy Martinez and Deb Curlee addressed the Board as public speakers. After discussion, a Motion was made by Commissioner Rice and seconded by Commissioner Murphy granting approval to adopt the following resolution with the additional language. Motion carried. RESOLUTION #388 -2015 IS INCORPORATED HEREIN BY REFERENCE COUNTY ADMINISTRATOR Item Q6 Approval of Amendment No. 9 with AMEC Foster Wheeler Environment & Infrastructure, Inc. to provide canal restoration water quality improvement services, as provided and funded under EPA Grant Agreement X7- OOD40915-01 entitled Improving Water Quality in Residential Canals. Rhonda Haag, Sustainability Director, addressed the Board. After discussion, a Motion was made by Commissioner Murphy and seconded by Commissioner Rice Approving Amendment No. 9 with AMEC Foster Wheeler Environment & Infrastructure, Inc. Page 15 of 20 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 17, 2015 A Roll -Call was taken by the Clerk with the following results: Commissioner Murphy Yes Commissioner Rice Yes Commissioner Kolhage Yes Mayor Carruthers Yes Motion carried. After discussion of the two workshops scheduled for January the Sea Level Rise Workshop and the Canal Workshop, Rhonda Haag requested more time on the Canal Workshop. Upon agreement, will work with staff on open dates for the Canal Workshop and the Sea Level Rise Workshop was moved to January 26 Item Q2 Discussion and approval of the Board of County Commissioners monthly meeting dates for 2016 Report. After discussion, a Motion was made by Commissioner Kolhage and seconded by Commissioner Rice approving monthly meeting dates for 2016 Report which included locations and dates as placed on the record. A Roll -Call was taken by the Clerk with the following results: Commissioner Murphy No Commissioner Rice Yes Commissioner Kolhage Yes Mayor Carruthers Yes Motion carried. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS Item L1 Initial public input and discussion in regards to the proposed Florida Departmentof Economic Opportunity (DEO) "Vacant Lot Retirement and Hotel Unit Allocation Rule." Mayte Santamaria; Senior Director of Planning & Environmental Resources, set the table as to the proposed rule. Deb Curlee (representing Last Stand), Bart Smith (representing Stock Island Marina Village), Ed Swift, Bill Hunter, and Jim Rhyne addressed the Board as public speakers. COUNTY ADMINISTRATOR Item Q3 Discussion and direction regarding permit request for Ragnar Relay for February 2016. Bob Shillinger; County Attorney provides information as to the permitting process. Keith Nix (not pres), Deb Curlee, Steven Dimse, Michael Stafanowicz, Page 16 of 20 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 17, 2015 Allison Delashnmit (representing Team Lily Bow), Bill Hunter, Cornelis Pameijer, Karen Moore (representing Team Lily Bow), Lisa Borzy (representing Team Lily Bow), Donna Dye, Chuck Licis (representing SSPOA), Tony Yaniz (representing Team Lily Bow), Steve Fraze (representing Ragnar Relay), Rebecca Balcer (representing Team Lily Bow), Carson Comeau (representing Ragnar Relay), Joe Gardner (representing The Keys Collection), and Chris Infurchia (representing Ragnar Relay) addressed the Board as public speakers. The Board suggested Ragnar Representatives to come back within 2016 before the Board with a new plan, number of participants and a new date. CLOSED SESSION Item M1 Bob Shillinger; County Attorney announced an Attorney - Client Closed Session in the matters of Monroe County BOCC v. Construct Group Corp. and Berkley Regional Ins. Co., Case No. CA -K -15 -844 and Construct Group Corp. v. Monroe County BOCC, Case No. CA -P -15- 563. Mayor Heather Carruthers declared the closed meeting ended and returned to the open session. WASTEWATER Item S 1 Discussion and direction on the effect on solar powered homes of the expansion onto No Name Key of the Cudjoe Regional Wastewater system. Kevin Wilson, Assistant County Administrator Public Works /Engineering, presented a presentation of the NNK Sewer Review. Staff recommendations stay the course with No Name Key. Bart Smith (representing Bob Reynolds), Kathy Brown (representing No Name Key Property Association), Ed Cook (Anne Press representing), Matthew Stokes, Michael Press, Alicia Putney, Beth Ramsey - Vickrey, Anne Press, and Mary Bakke addressed the Board as public speakers. Board in agreement with staff to stay the course and to include any suggestions. SOUNDING BOARD Item U 1 Request to speak to the County Commissioners in regards to Free Public Transportation for Senior's ages 60 and older — Darleen Bennett, President, AARP Local 1351. Darlene Bennett; President of the Local Chapter 1351 AARP addressed the Board as well as other public speakers: Henry Fuller (senior AARP) Louis Latorre (AARP), Susan Hawxhurst (representing herself and other handicapped seniors), and Rev. Dr. Gwendolyn D. Magby. No action taken. Commissioner Kolhage will be placing this on the agenda for our next BOCC meeting to make a recommendation. Board suggested to staff to do an analysis as to the kinds of transportation, cost associated with it, and other options. Page 17 of 20 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 17, 2015 PUBLIC HEARINGS Item T 1 A public hearing for an ordinance pertaining to human trafficking by requiring that all adult entertainment workers obtain a worker identification card after providing age verification through the Tax Collector. Bob Shillinger, County Attorney, reads two tweeks into the record pertaining to the ordinance on behalf of Catherine Vogel; State Attorney. If acceptable by the Board, please include in the motion to adopt. Rev. Gwendolyn Magby addressed the Board as a public speaker. A motion was made by Commissioner Murphy and seconded by Commisioner Rice to pass the motion with the amendments. Motion carried. ORDINANCE #027 -2015 IS INCORPORATED HEREIN BY REFERENCE Item T2 A public hearing to consider an ordinance amending the noise ordinance as found in Monroe County Code, Chapter 17, Section 17 -129, et seq. Steve Williams, Assistant County Attorney, addressed the Board. No public speakers. After discussion, a motion was made by Commissioner Rice and seconded by Commissioner Kolhage to adopt the following ordinance. Motion carried. ORDINANCE #028 -2015 IS INCORPORATED HEREIN BY REFERENCE Item T3 A public hearing for a proposed abandonment of a portion of the right -of -way of Seventh Avenue West Right of Way, adjacent to Lot 13, Block 18, Cudjoe Gardens Sixth Addition, according the Plat thereof as recorded in Plat Book 6, at Page 66, of the public Records of Monroe County Florida. Christine Hurley on behalf of applicant requested to have this agenda item tabled for January 20, 2016 BOCC Meeting. A Motion was made by Commissioner Rice and seconded by Commissioner Murphy to approve the request. Motion carried. Item T4 A public hearing to consider an ordinance by the Monroe County Board of County Commissioners Amending the Monroe County Future Land Use Map from Industrial (I) to Commercial (COMM) for property located at approximate mile marker 9, described as four parcels of land in Section 21, Township 67 South, Range 26 East, Rockland Key, Monroe County Florida, having Real Estate Numbers 00122080.000000, 00122081.000200, 00122010.000000 and 00121990.000000; and from Mixed Use /Commercial Fishing (MCF) and Industrial (1) to Mixed Use /Commercial (MC); creating Policy 107.1.6 Big Coppitt Mixed Use Area 1, to provide limitations on development and specific restrictions; for property located at approximate mile marker 9, described as a parcel of land in Section 21, Township 67 South, Range 26 East, Big Coppitt Key, Monroe County, Florida, having Real Estate Number 00120940.000100; as proposed by Rockland Operations, LLC and Rockland Commercial Center, Inc. (Legislative Proceeding). Christine Hurley on behalf of applicant requested to have this agenda item tabled for February 10` BOCC Meeting held in Key West, Florida. A Motion was made by Commissioner Rice and seconded by Commissioner murphy to approve the request. Motion carried. Page 18 of 20 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 17, 2015 Item T5 A public hearing to consider an ordinance by the Monroe County Board of County Commissioners Amending the Monroe County Land Use District (Zoning) Map from Industrial (1) and Commercial Fishing Area (CFA) to Mixed Use (MU) for property located at approximate mile marker 9, described as a parcel of land in Section 21, Township 67 South, Range 26 East, Big Coppitt Key, Monroe County, Florida, having Real Estate Number 00120940.000100, and from Industrial (1) to Commercial 2 (C2) for property located at approximate mile marker 9, described as four parcels of land in Section 21, Township 67 South, Range 26 East, Rockland Key, Monroe County Florida, having Real Estate Numbers 00122080.000000, 00122081.000200, 00122010.000000 and 00121990.000000; as proposed by Rockland Operations, LLC and Rockland Commercial Center, Inc. (Quasi- Judicial Proceeding). Christine Hurley on behalf of applicant requested to have this agenda item tabled for February 10' BOCC Meeting held in Key West, Florida. A Motion was made by Commissioner Rice and seconded by Commissiner Murphy to approve the request. Motion carried. STAFF REPORTS Christine Hurley, Assistant County Administrator/ Growth Management, indicated to the Board Dec 3` and 4' their department will be closed for inspections to help with maintaining continuing educational training. Discussion of CDBG Grant lein list. Steve Williams; Assistant County Attorney and Bob Shillinger; County Attorney addressed the Board. Staff has their direction pertaining to this particular issue. COUNTY ATTORNEY REPORT Bob Shillinger; County Attorney provides a brief report. The County Attorney indicated they received an adverse ruling in the cross claim Marine Mammal Conservancy Case and consequently requesting a closed session to be held on December 9 2015 at the BOCC Meeting in Key Largo, Florida. A Motion was made by Commissioner Murphy and seconded by Commissioner Rice granting the closed session meeting. Motion was approved unanimously. A Communication Media Technology Bill legislative delgation meeting will be held Dec 4' 11:00am in the State Building in Marathon, Florida. Also the Agenda for the Dec 9' BOCC Meeting will be uploaded by Monday November 30th. There is no revised agenda for December; this Friday is the agenda deadline. Accella is still on target for January. The Code Fine Report has been emailed. Page 19 of 20 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 17, 2015 There being no further business, the meeting of the Board of County Commissioners was ADJOURNED. Clerk to the Monroe County, FL 3 ° -n =c- A O r-- -1 w CD Page 20 of 20 Board of County Commissioners By: Cheryl Robertson Executive Aide /Deputy Clerk