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08/17/2016 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 Regular Meeting Board of County Commissioners Wednesday, August 17, 2016 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 Danny Kolhage, Commissioner Sylvia Murphy, Commissioner George Neugent, Commissioner David Rice, and Mayor Heather Carruthers. Also present at the meeting were Bob Shillinger, County Attorney; Roman Gastesi, County Administrator; Cheryl Robertson, Deputy Clerk; county staff and members of the general public. Mayor Carruthers requested the Board to formally recognize Gary Dunnick, who recently retired from the Florida Highway Patrol for his outstanding service to this County and also Commissioner Kolhage requested his recognition be made by way of a resolution at the Sept. 21 st meeting in Key Largo or a meeting location most convenient for him. ADDITIONS, CORRECTION, DELETIONS Item A.1 Approval of agenda. A copy of the approved changes is attached at the end of these minutes for reference. RESULT: Approved [UNANIMOUS] Agenda Item A.1 MOVED THE AGENDA AS AMENDED: Danny Kolhage, Commissioner District 1 SECONDER: George Neugent, Mayor Pro Tem/Commissioner District 2 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice PRESENTATION OF AWARDS Item B. No items submitted. 8/17/2016 Pagel MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 BULK APPROVALS Commissioner Sylvia Murphy addressed the audience regarding the Rules of Bulk Approval's items. Motion was made by Commissioner Murphy and seconded by Commissioner Neugent granting approval of the following bulk items (C.1 through R.6). Motion passed unanimously. Item C.1 Board granted approval of a Resolution of the Board of County Commissioners of Monroe County, FL, approving the Local Housing Assistance Plan for Fiscal Years 2016 - 2017/2017 - 2018/2018 -2019 as required by the State Housing Initiatives Partnership Program Act, Subsections 420.907- 420.9079, Florida Statutes; and Rule Chapter 67 -37, Florida Administrative Code; authorizing and directing the Mayor to execute any necessary documents and certifications needed by the state; authorizing the submission of the Local Housing Assistance Plan for review and approval by the Florida Housing Finance Corporation; and providing an effective date. RESOLUTION #191 -2016 IS INCORPORATED HEREIN BY REFERENCE Item C.2 Board granted approval of Agreement with Evergreen Solutions, LLC in the amount of $19,500 plus $3000 per in person meeting, to conduct a minimum living wage analysis of $31,200/$15.00 an hour which will include determination of issues that may arise with supervisory duties or compression of positions; what needs to be done to fix those issues; cost for County implementation with variable options; and publication of analysis. Item CA Board granted approval to close Fund 172, Cudjoe- Sugarloaf MSTU, and instruct the Clerk of the Court to transfer remaining residual funds (approximately $5.00 remains) To Fund 312, Cudjoe Regional Wastewater Project. Item C.5 Board granted approval of 2016 Blue Options Benefit Booklet for Covered Plan Participants of the Monroe County BOCC Group Health Plan (a.k.a. Plan Document) applicable from January 1, 2016 through December 31, 2016. Item C.6 Board granted approval of Ninth Amendment of Lease for Grantair Service, Inc., a Fixed Base Operator (FBO) at The Florida Keys Marathon International Airport. The current lease terminates on April 9, 2028, however the FBO intends to invest at least $1.5 million dollars in capital improvements to rebuild its hangar and office space. If Grantair completes construction of the new terminal and office space by April 9, 2028, then the termination date of the lease will be extended to April 20, 2046. In addition the fuel flowage fee will increase from $0.06 to $0.10 per gallon which will result in approximately $24,000.00 additional fuel flowage revenue. 8/17/2016 Page 2 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 Item C.7 Board granted approval of Amendment to Lease between the Key West International Airport and Last Chance Gifts, LLC extending the term of the original lease for an additional five (5) years commencing October 1, 2016 and expiring September 30, 2021 and approval to waive prior year credits and arrearages. Item C.9 Board granted ratification and approval of set proposed millage rate read at the July 18th Special Budget meeting. There is a correction to the reading of the rolled -back rate, the proposed millage rate, the percent above /below the rolled - back rate that was certified to the Property Appraiser. Item C.10 Board granted request for a special meeting to discuss the county health care plan on Tuesday, September 6th at 2:00 P.M. Item C.11 Board granted approval to renew the contract on a month to month basis with UniFirst Corporation for the Division of Public Works uniform services, Monroe County. Item C.12 Board granted Issuance (renewal) of a Class A Emergency Medical Services Certificate of Public Convenience and Necessity (COPCN) to Key Largo Volunteer Ambulance Corps., Inc. (KLVAC) for the operation of an ALS transport ambulance service. Item C.13 Board granted approval to amend the existing contract with Buccaneer Courier to remove one (1) stop at the request of the Department of Health. Item C.16 Board granted Microsoft Volume License Agreement Renewal Approval of three (3) year renewal term for Microsoft Volume License Agreement under State of Florida Contract 4 252 - 001 -09 -1 from SHI International Corp. Total cost for 36 month term is $408,439.53 annual cost $136,146.51 yearly. Item C.17 Board granted approval of invoice to purchase additional Microsoft licenses and the first year of software assurance (maintenance). Item C.18 Board granted Microsoft Renewal for Fire Rescue approval of a three (3) year Microsoft Volume License Agreement under the State of Florida Contract 4 252- 001-09-1 from SHI International Corp. As provided in quotation 4 11957789 total cost for 36 months $12,576.75 for an annual of $4,192.25 yearly. Item C.20 Board granted ratification of Federally Funded Sub grant Weatherization Assistance Program (WAP) Agreement 16WX- OG- 11 -54 -01 -039 between the State of Florida, Department of Economic Opportunity (DEO) and County of Monroe, Monroe County Board of County Commissioners (Monroe County Social Services) for the period of April 1, 2016, through March 31, 2017, in the amount of $70,207, to correct Page 28 per DEO's request. 8/17/2016 Page 3 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 Item C.21 Board granted approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue. The said resolutions are incorporated herein by reference. Resolution #185 -2016 receipt of unanticipated funds for Fund 125 Resolution #186 -2016 receipt of unanticipated funds for Fund 304 Resolution #187 -2016 transfer of funds for Fund 001 Resolution #188 -2016 transfer of funds for Fund 207 Resolution #189 -2016 transfer of funds for Fund 001 Item C.22 Board granted approval of a Resolution approving Affordable Housing Agreement with the Village of Islamorada for the Plantation Key Courthouse and Detention Center Site Plan review process. RESOLUTION #178 -2016 IS INCORPORATED HEREIN BY REFERENCE Item D.1 Board granted approval of an Agreement with Tinsley Advertising & Marketing, Inc. To provide advertising services which promote tourism. Item D.2 Board granted approval of an Agreement with Monroe Council of the Arts, d /b /a Florida Keys Council of the Arts to supplement cost of tourist related programs. Item D.3 Board granted approval of an agreement with Monroe Council of the Arts d /b /a Florida Keys Council of the Arts to act as a Cultural Umbrella Organization to make recommendations to the Monroe County TDC and BOCC on funding for tourism related cultural activities. Item DA Board granted approval of an Agreement with Florida Keys Fishing Tournaments, Inc. to oversee the TDC Fishing Umbrella, and advisory committee to make recommendations to the TDC and BOCC concerning funding for tourism related fishing activities and marketing. Item D.5 Board granted approval of the 2016 -2017 Monroe County Tourist Development Council Marketing Plan. Item D.6 Board granted approval of Amendment to Agreement with JDO Insights, Inc. (d.b.a. Insights, Inc.) to provide Visitor Profile Services. Item D.7 Board granted approval of one "At Large" appointment to the Tourist Development Council District III Advisory Committee. Item D.8 Board granted approval of one "At Large" appointment to the Tourist Development Council District IV Advisory Committee. 8/17/2016 Page 4 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 Item H.1 Board granted approval of Grant Agreement No. 15085 (Agreement) between Monroe County (County) and the Florida Fish and Wildlife Conservation Commission (FWC) providing reimbursement funding to the County in an amount not to exceed $70,278 for waterway marker replacements, in addition to Boating Improvement Funds used for channel marker and regulatory marker (i.e. waterway marker) maintenance. Item L.1 Board granted approval of request for Expenditure from the Law Enforcement Trust Fund. $500.00 Florida Missing Children's Day 2016 Item M.2 Board granted approval of the appointment of Michelle Maxwell to the Career Source South Florida Board of Directors. Item M.3 Board granted approval of the reappointment of Rita Irwin to the Tourist Development Council. Item MA Board granted a resolution of the Board of County Commissioners of Monroe County, applauding the Ocean Conservancy, The Florida Keys National Marine Sanctuary and The Florida Keys Scenic Highway Corridor alliance for their efforts in organizing and carrying out a keys -wide beach cleanup to take place on September 17, 2016. RESOLUTION #177 -2016 IS INCORPORATED HEREIN BY REFERENCE Item M.5 Board granted appointment of Paula Joyner - Cunard to the KWIA Ad Hoc Committee on Noise, replacing Amy Kehoe. Item M.6 Board granted appointment of Tom Nelson to the KWIA Ad Hoc Committee on Noise, replacing Robert Padron. Item N.2 Board accepted Clerk's Report: (1) Fixed Asset Transfers - Informational Purpose Only (2) Departmental Asset Inventory- Informational Purpose Only (3) FKAA invoices for the fiscal year (to include salaries), relating to the Cudjoe Regional Wastewater System Project. The invoices under $50,000 are being provided For Information Only. Item N.3 Board granted approval of Tourist Development Council expenses for the month of July 2016. Item NA Board granted approval of BOCC Warrants (Including Payroll) for the Month of July 2016. Item N.5 Board granted approval of FKAA Invoices $50,000 or over for the fiscal year (to include salaries), relating to the Cudjoe Regional Wastewater System Project. 8/17/2016 Page 5 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 Item N.6 Board granted approval of Computer Fixed Asset Deletion Requests. Item 0.2 Board granted authorization to advertise a Request for Qualifications (RFQ) for on -call professional engineering services for canal and environmental services. Item 0.3 Board authorized entering into Amendment No. 8 with Erin L. Deady, P.A. to provide a no -cost extension of time by which the Pilot Roads Project and the Green Keys! Sustainability Action Plan (Plan) will be completed. Item 0.4 Board granted ratification of one small contract, Jacobs Project Management Co. For $49,100.00, signed by The County Administrator. Item 0.7 Board granted ratification of two (2) small contracts, Agreement with Archaeological and Historical Conservancy, Inc. and the Amendment 1 to the Agreement with Archaeological and Historical Conservancy, Inc. signed by the County Administrator. Item 0.9 Board granted approval of the Confidentiality Agreement required for State of Florida Stan Mayfield Working Waterfront Grant Contract. Item P.2 Board granted approval to proceed with litigation to compel the property owner, George Secchiaroli, to comply with various county ordinances and correct the code violations of Code Compliance Case CE11070030. Item P.3 Board granted authorization to initiate litigation against Michael Yawt and the property located at 49 Bahama Avenue and Poinciana Drive if necessary, Key Largo, Florida, to seek compliance with the County Codes and enforce the liens arising from code compliance case number(s) CE10100037 and CE15030049. Item PA Board granted approval of Resolution requesting the Supervisor of Elections to place referendum questions on the November 8, 2016 General Election Ballot in order to determine if the electors of Duck Key support 1) the creation of a Beautification and Improvement District that may replace the current Duck Key Security District and 2) removal of the current special assessment cap on vacant and improved lots. RESOLUTION #151 -2016 IS INCORPORATED HEREIN BY REFERENCE Item R.1 Board granted ratification of Small Contract with Maverick United Elevator LLC for complete elevator service maintenance on a month to month basis commencing August 1, 2016, for a period not to exceed 6 months pending award of contract following Request for Proposal solicitation. 8/17/2016 Page 6 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 Item R.2 Board authorized a contract with Parsons Engineering, Inc. in an amount not to exceed $33,680.00 to provide professional consulting services to assist the County with evaluating our LiDar elevation data mapping needs and preparing a solicitation for LiDar elevation data. Item R.6 Board granted approval of an Inter local Agreement between Monroe County and Miami -Dade County creating the South Florida Workforce Investment Board for Region 23 of the State of Florida. Following approval of the Bulk Approvals, Mayor Carruthers recognized Rick Beasley with the South Florida Workforce Board who addressed the Board. Mayor Carruthers also recognized Karen Thurman and Michelle Maxwell. Sheriff Rick Ramsay then addressed the Board regarding the coordination and united efforts of the South Florida Workforce Board and the Sheriffs Office. NON -BULK APPROVALS Item C.3 Approval of a Resolution to amend the Personnel Policies and Procedures Manual to increase the time in which two employees may fill the same budgeted position from up to 30 days to up to six months for regular positions and up to one year for department heads to allow for training during transitions; clarifies policy for paid time off and membership fees for employees who participate in job related organizations as members and officers; clarifies that departments may pay for job related employee training in advance instead of employee being reimbursed; authorizes a $1,500 ($125 per month) payment for employees obtaining a degree beyond what is minimally required for the position but adds value to the department; clarifies that incentive pay is calculated on top of salary and not included in salary; clarifies that an employee must physically work over 40 hours in order to get overtime in accordance with Department of Labor rules; adds wording to include possible termination if employee pleads to an offense; and adds wording to allow for purchase of travel insurance as previously approved by the BOCC on June 15, 2016. Theresa Aguiar, Division Director of Employee Services, set the stage. This item was held by both Commissioner Murphy and Commissioner Kolhage. Commissioner Kolhage expressed his concern that the double salary overlap period of one year for Department Heads was excessive. Commissioner Murphy shared this concern and also expressed her concern that the County time required following completion of a course funded by the County was too short. Teresa Aguiar, Division Director of Employee Services, responded to the Board's questions and concerns. Mayor Carruthers moved to increase the required County employment period following completion of County funded training from one year to two years. The motion was seconded by Commissioner Murphy and approved with no objection. 8/17/2016 Page 7 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 Mayor Carruthers then recognized Congressman Jose Curbelo who entered the meeting who then addressed the Board. Congressman Curbelo updated the Board regarding legislative efforts underway concerning funding for addressing the Zika virus and is hoping to have legislative action/funding by September. Congressman Curbelo also updated the Board regarding his shared concerns and current efforts at the state level regarding funding and other legislative efforts regarding the Florida Bay. Roman Gastesi, County Administrator, responded to Mayor Carruthers's concern of the necessity of one year. It was further stated six months is sufficient and the county would be fine with that. Following additional discussion, Commissioner Murphy moved to decrease the double - salary overlap period from one year to thirty days or six months. The motion was seconded by Commissioner Neugent and approved with no objection. Motion was then made by Commissioner Murphy to approve the revised policy presented to include the revisions made to the policy at the meeting. The motion was seconded by Commissioner Kolhage and passed with no objection. RESOLUTION #149 -2016 IS INCORPORATED HEREIN BY REFERENCE Item C.8 Approval to Reject Lowest Bidder Pedro Falcon Electrical Contractors for the Stock Island Fire Station HVAC Improvements in the amount of $37,129.00 due to discrepancies on other county projects. Requesting approval to award contract to second lowest bidder, Kenmar General Contracting, in the amount of $62,500.00. Highest of the three bids was D L Porter Constructors for $78,163.00. Project is paid for by the One Cent Infrastructure Sales Tax. This item was held by Commissioner Kolhage who expressed his concern due to the large discrepancy between the low bid and the other two bids received, whether it was staffs determination that the project could not be done for the low bid amount and whether performance issues by the low bidder on other projects played a role in staffs determination. Assistant County Administrator Kevin Wilson, Project Management Director Doug Sposito and Assistant County Attorney Chris Ambrosio addressed the Board to explain the events leading up to this item and responded to the Board's concerns. At the suggestion of Kevin Wilson, a motion was made by Commissioner Kolhage, and seconded by Commissioner Rice, continuing this item to the Sept. 21st BOCC meeting to allow the low bidder additional time to resolve any remaining performance issues on other projects and allow staff to further assess the validity of the low bid. The motion passed with no objection. 8/17/2016 Page 8 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 Item C.14 Approval of an amendment to the Edward Byrne Memorial Justice Assistance Grant Program Funds Agreement with Guidance /Care Center revising Section 5: Standard Conditions of Attachment B. Item C.15 Approval of a Resolution authorizing submission of the FDLE Edward Byrne Memorial Justice Assistance Grant applications for funding as recommended by the Substance Abuse Policy Advisory Board (SAPAB) at is upcoming meeting on August 22, 2016, and approval to authorize the Mayor to execute acceptance of award and related documents, and to execute the Edward Byrne Memorial Justice Assistance Grant (JAG) funding distribution letter with the Florida Department of Law Enforcement (FDLE) for fiscal year 2016 -2017 (Oct. 1, 2016 through Sept. 30, 2017) whereby Monroe County agrees to the distribution of $76,979 in program funds in the County. Due to submission deadlines, the recommendations will be ratified by the Board at a later meeting. RESOLUTION #150 -2016 IS INCORPORATED HEREIN BY REFERENCE Item C.19 Approval for the Substance Abuse Policy Advisory Board (SAPAB) to also serve as the Planning Council and approval to add to the membership of the SAPAB in order to meet the statutory requirements of F.S. 394.657. The Florida Department of Children and Families Office of Substance Abuse and Mental Health has modified the Criminal Justice, Mental Health and Substance Abuse (CJMHSA) Reinvestment Grant (Program) to allow for not - for -profit community providers designated by the County's Planning Council to apply for a Planning, Implementation or Expansion Grant. The Guidance Care Center (GCC), as a not - for -profit community provider, has approached County staff in order to be designated to apply for grant funding under this Program. Commissioner Carruthers requested C14, C15 and C19 to be heard together. County Attorney Bob Shillinger identified and read the items into the record. A motion was made by Commissioner Kolhage, and seconded by Commissioner Murphy to approve C14, C15 and C19. A Roll-Call was taken by the Clerk with the following results for all three items: Commissioner Kolhage Commissioner Murphy Commissioner Neugent Commissioner Rice Mayor Carruthers Yes Yes Yes Abstain, Voting Conflict Yes Motion Carried for all three items C 14, C 15, and C 19. 8/17/2016 Page 9 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 STAFF AND ADVISORY COMMITTEE REPORTS AUGUST 17, 2016 AGENDA ITEM # E Christine Hurley — Growth Management YES NO Lisa Tennyson — Intergovernmental Affairs YES NO Kevin Wilson — Engineering /Public Works YES NO Don Degraw — Airports YES NO Tina Boan — Office of Management /Budget YES NO Alan MacEachern — IT Director YES NO Rhonda Haag — Sustainability Coordinator YES NO Teresa Aguiar — Human Resource Director YES NO James Callahan- Fire Chief/Division Director (EMS) YES NO Climate Change Advisory Committee Report YES NO Christine Hurley, Assistant County Administrator, provided a brief update of vacation rental enforcements and out lined some items that staff is working on internally with the assistance of legal as well as an area concerning realtor license issue and their duty to disclose /report renting in IS zone and possible legal action by the County for failure to disclose /report. Commissioner Kolhage expressed his concern on the legalities and resulting effectiveness and liability to the County if pursued and also inquired if these efforts would extend to online rental agencies. Direction was provided for Christine Hurley to research areas of concerns and actual action proposed by staff and bring item back to the BOCC at a future meeting. Don DeGraw, Director of Airports, addressed the Board announcing that an agreement had been negotiated with United Airlines to commence flights out of the Florida Keys /Key West International Airport to Chicago and New Jersey. Don DeGraw explained, and also presented a slide presentation, providing details of the negotiated agreement for implementation of this air service by United Airlines and requested Board's approval of the following three (3) items: 1) The Agreement for United Airlines to operate out of Florida Keys Key West International Airport. 2) The EYW Air Service Development Incentive Program 2016 -2017. 3) Waiver of fees for United to operate at Florida Keys /Key West International Airport for the first 12 months of air service. 8/17/2016 Page 10 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 Following discussion by the Board, Mayor Pro Tern George Neugent moved to approve all three (3) items which was seconded by Commissioner Kolhage. The motion was approved unanimously with no objection. Doug Sposito, Director of Facilities & Project Management, addressed the Board with several updates. First, staff has been working very diligently with the University of Florida Extension Services and developed Zika Workshops which start today throughout Monroe County beginning with Key Largo (Wednesday), Marathon (Thursday), and Key West (Friday) until next week and second the status of Bernstein Park's Renovation/Construction. Mayor Carruthers spoke about an incident that happened this past Sunday concerning Bernstein Park regarding a sewage problem with Key West Resort Utilities responsiveness. Kevin Wilson was aware of the Bernstein Park situation and did make contact with Key West Resort Utilities but will speak to them again this week regarding the details of the incident and timely responsiveness and if anything unusual, will bring back before the Board. Doug Sposito will be providing to the Board every month an update on a particular project or a particular aspect of the county relating to Project Management & Facilities. Mr. Sposito provided an overview to the Board of the county owned public boat ramps. Following Commissioner Kolhage's question and suggestion, Staff will look into the co- locating of Kayaks when improving the lunching areas of these boat ramps. A quick update of the swimming hole provided as well as the realignment of Atlantic Blvd. & Higgs Beach. FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS Item G. No items submitted. PLANNING AND ENVIRONMENTAL, BUILDING AND CODE COMPLIANCE DEPARTMENTS Item L1 Discussion of the Florida Fish and Wildlife Conservation Commission (FWC) Pilot Program for Anchoring and Mooring (Pilot Program), including a summary of the recent FWC workshop on the results of the Pilot Program to date, and direction regarding Monroe County's recommendations beyond the July 1, 2017 expiration date of the Pilot Program. Rich Jones, Sr. Administrator; Marine Resources, sets the stage for discussion and direction of the FWC Pilot Program. The motion is the direction for the items mentioned in the letter from the Mayor. Motion to accept staff recommendations and approval for Mayor to sign letter to FWC was made by Commissioner Neugent and seconded by Commissioner Kolhage. The motion passed with no objection. 8/17/2016 Page 11 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 RESULT: APPROVED [UNANIMOUS] Agenda Item I.1 MOVER: George Neugent, Mayor Pro Tem/Commissioner District 2 SECONDER: Danny Kolhage, Commissioner District 1 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice Item L2 Presentation and discussion of Affordable Housing Advisory Committee (AHAC) Resolution 01 -2016, adopted by the AHAC on July 22, 2016, for the Monroe County Board of County Commissioners to consider 33 recommendations to facilitate the provision of workforce housing and provide staff direction on which recommendations to evaluate and complete. Items I2, I3, and I4 were heard together but the bulk of I2 to be heard at a future workshop. Mayte Santamaria, Senior Director of Planning & Environmental Resources addressed the Board and reviewed the agenda backup for Item I2 as a slide presentation during discussion at the meeting. Don Whitehead representing Key West Wicker Guest House postponed the opportunity to speak as a public speaker for I2, I3, & I4. Following discussion, direction was provided to staff on Item I2. Motion was then made by Commissioner Neugent to approve Items I3 and I4 and seconded by Commissioner Rice. The motion was approved with no objection. Mrs. Santamaria explained as well the RFP portion for county owned land for affordable housing. Discussion held by the Commissioners. Ed Swift addressed the Board as a public speaker. Staff has direction to start to work on bids /RFPs. Item L3 Approval of a contract with RRC Associates to (1) conduct a data -based survey of employers located in the unincorporated and incorporated parts of Monroe County to verify the employment patterns and the building floor area used for nonresidential development, and to (2) prepare the prototypical workforce /affordable housing unit(s), including size ranges, building materials and costs of construction, to be utilized by the County for the adoption of inclusionary housing requirements to address nonresidential and transient development; for a fixed price, not -to- exceed contract of $49,171.00. Motion to approve Items I3 and I4 was made by Commissioner Neugent and seconded by Commissioner Rice. The motion passed with no objection. RESULT: APPROVED [UNANIMOUS] Agendas Item I.3 MOVER: George Neugent, Mayor Pro Tem/Commissioner District 2 SECONDER: David Rice, Commissioner District 4 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice Item L4 Approval of a contract with Clarion Associates to prepare a Support Study providing the technical support (data & methodology to determine need) for a workforce/ affordable housing mitigation program for nonresidential development and redevelopment (expansions and remodels), to be utilized by the County for the adoption of inclusionary housing requirements to address nonresidential and transient development; for a fixed price, not -to- exceed contract of $49,365.00. 8/17/2016 Page 12 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 Motion to approve Items I3 and I4 was made by Commissioner Neugent and seconded by Commissioner Rice. The motion passed with no objection. RESULT: APPROVED [UNANIMOUS] Agenda Item I.4 MOVER: George Neugent, Mayor Pro Tem/Commissioner District 2 SECONDER: David Rice, Commissioner District 4 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice Item L5 Discussion regarding the Keys -wide Mobile Vessel Pumpout Service (Pumpout Service), consideration for charging customers of the service, and direction regarding State funding which is available for the next year for the Pumpout Service. Rich Jones, Sr. Administrator; Marine Resources, sets the stage for Agenda Items L5 and L6. Motion was made by Commissioner Rice, and seconded by Commissioner Murphy, to approve staff recommendation on Item I5 and approval of I6 and I7. Commissioner Kolhage requested an amendment to the motion to also include approval of Item I8 in the motion which was accepted by Mover Commissioner Rice. There were no public speakers. The motion passed with no objection. RESULT: APPROVED [UNANIMOUS] Agenda Item I.5 MOVER: David Rice, Commissioner District 4 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice Item L6 Approval of Department of Environmental Protection (DEP) Contract No.MV- 205 between Monroe County (County) and the DEP providing $500,000 in reimbursement funding to the County to assist with funding the County's Mobile Vessel Pumpout Service (Pumpout Service) for one year of operation from July 1, 2016 through June 30, 2017. Motion was made by Commissioner Rice, and seconded by Commissioner Murphy, to approve staff recommendation on Item I5 and approval of I6 and I7. Commissioner Kolhage requested an amendment to the motion to also include approval of Item I8 in the motion which was accepted by Mover Commissioner Rice. There were no public speakers. The motion passed with no objection. 8/17/2016 Page 13 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 RESULT: APPROVED [UNANIMOUS] Agenda Item I.6 MOVER: David Rice, Commissioner District 4 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice Item L7 Approval of Agreement No. MV -204 between Monroe County (County) and the Florida Department of Environmental Protection (DEP) Clean Vessel Act (CVA) Program providing $172,350 in grant reimbursement funding to the County to assist with funding the County's Mobile Vessel Pumpout Service (Pumpout Service) for one year of operation from July 1, 2016 through June 30, 2017. Motion was made by Commissioner Rice, and seconded by Commissioner Murphy, to approve staff recommendation on Item I5 and approval of I6 and I7. Commissioner Kolhage requested an amendment to the motion to also include approval of Item I8 in the motion which was accepted by Mover Commissioner Rice. There were no public speakers. The motion passed with no objection. RESULT: APPROVED [UNANIMOUS] Agenda Item I.7 MOVER: David Rice, Commissioner District 4 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice Item L8 Approval of Amendment No.7 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) be contingent upon sufficient funding sources and levels required (but deleting certain specified funding sources and amounts), 2) providing for the term of the Agreement from July 1, 2016 through June 30, 2017, 3) and clarifying that additional term extensions are provided for through December 31, 2018 in keeping with the original term provisions of six total years of Pumpout Service (two years with the original contract with provision for two additional two year terms). Motion was made by Commissioner Rice, and seconded by Commissioner Murphy, to approve staff recommendation on Item I5 and approval of I6 and I7. Commissioner Kolhage requested an amendment to the motion to also include approval of Item I8 in the motion which was accepted by Mover Commissioner Rice. There were no public speakers. The motion passed with no objection. 8/17/2016 Page 14 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 RESULT: APPROVED [UNANIMOUS] Agenda Item I.8 MOVER: David Rice, Commissioner District 4 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice CLOSED SESSION Item J.1 Attorney -Client Closed Session in the case of Delaney et al. v. FKAA and Monroe County, 16th Judicial Circuit Case No. CA -K -16 -439. At the request of the County Attorney, motion was made by Commissioner Kolhage and seconded by Commissioner Murphy to continue the Closed Session to the Sept. 21st BOCC meeting in Key Largo at 1:30 p.m. or as soon thereafter as may be heard. RESULT: TABLED [4 TO 0] Agenda Item J.1 Next: 9/21/2016 9:00 AM MOVER: Danny Kolhage, Commissioner District 1 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Neugent, Kolhage, Murphy, Rice NOT PRESENT: Carruthers Item J.2 An Attorney- Client Closed Session in the matter of Monroe County v. Zamindari Investments, Inc., Aqua Ranch, Inc., Charles Barra as Officer for Aqua Ranch, Inc., and Kristin Kurtz as Officer for Aqua Ranch, Inc., Circuit Court Case No. CA -M -14 -165. At the request of the County Attorney, motion was made by Commissioner Kolhage and seconded by Commissioner Murphy to continue the Closed Session to the Sept. 21st BOCC meeting in Key Largo at 1:30 p.m. or as soon thereafter as may be heard. RESULT: TABLED [4 TO 0] Agenda Item J.2 Next: 9/21/2016 9:00 AM MOVER: Danny Kolhage, Commissioner District 1 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Neugent, Kolhage, Murphy, Rice NOT PRESENT: Carruthers Item J.3 An Attorney- Client Closed Session in the matter of KW Resort Utilities Rate Application, Florida Public Service Commission Docket No. 150071 -SU. At the request of the County Attorney, motion was made by Commissioner Murphy and seconded by Commissioner Rice to continue the Closed Session to the Sept. 8th BOCC Special Meeting in Marathon to begin at 4:00 p.m. or as soon thereafter as may be heard, and prior to the already scheduled 5:05 Budget Public Hearing. 8/17/2016 Page 15 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 RESULT: TABLED [4 TO 0] Agenda Item J.3 Next: 9/8/2016 4:00 PM MOVER: Sylvia Murphy, Commissioner District 5 SECONDER: David Rice, Commissioner District 4 AYES: Neugent, Kolhage, Murphy, Rice NOT PRESENT: Carruthers WASTEWATER ISSUES Item K. 1 Presentation of Cudjoe Regional Wastewater System Project Status and Schedule. Kevin Wilson, Assistant County Administrator, updated the Board on the Cudjoe Regional Wastewater System Project and provided a slide presentation regarding the finances and construction. Mr. Wilson was followed by Kirk Zuelch, Executive Director of the Florida Keys Aqueduct Authority. 8/17/2016 Page 16 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 COMMISSIONERS' ITEMS Item M.1 Approval of a Resolution of the Board of County Commissioners of Monroe County directing the Supervisor of Elections to place a non - binding question on the November 2016 general election ballot regarding support for legislation to authorize the imposition of a sales surtax on tobacco and served alcohol sales throughout Monroe County where the proceeds could only be used to fund and increase services to meet unmet needs for veterans, seniors, children, disabled, and other vulnerable residents and to offset costs currently funded by property taxes. The item was preference by Mayor Carruthers to the Board as well as to the audience. The following public speakers addressed the Board: Mary Williams representing Early Learning Coalition of Miami Dade /Monroe, Stephanie Kaple, James Mantell, Dan Dombroski representing Boys & Girls Club; Diana Flenard representing MARC Inc. Kerry Foote representing Burton Memorial UMC (United Way of the Florida Keys), Kim Romano representing Womankind, and Myla DeMier. Bob Eadie, Administrator of the Monroe County Health Department, addressed the Board. Following discussion, a Motion was made by Commissioner Rice, and seconded by Commissioner Kolhage, requesting staff to come back with a recommendation of a mechanism to establish goals & identify unmet needs across the system including investigating the mechanism of a trust as one option. A Roll-Call was taken by the Clerk with the following results: Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Yes Mayor Carruthers Yes Motion Carried. COUNTY ADMINISTRATOR Item 0.1 County Administrator Report County Administrator Roman Gastesi referred the Board to his written report in the agenda backup. Item 0.5 Approval of Amendment No. 11 to the Contract for Engineering, Design and Permitting Services of the Demonstration Projects, with AMEC Foster Wheeler Environment and Infrastructure, Inc. to provide design, permitting, and procurement services related to the Air Curtain for the original demo canal 4290 in Big Pine Key and assist with the preparation for the September 8, 2016 BOCC Canal Financing Special Meeting in an amount not to exceed $27,474.90. 8/17/2016 Page 17 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 This item was held by Commissioner Kolhage who stated he held the item to record his "no" vote because, as he indicated when reluctantly approving the last amendment, he will not approve any more amendments to this contract until it has been put out to a RFP. A motion was made by Commissioner Murphy to approve the item and seconded by Commissioner Rice with Commissioner Kolhage voting against the item. Mayor Carruthers was not present. A Roll-Call was taken by the Clerk with the following results: Commissioner Kolhage No Commissioner Murphy Yes Commissioner Rice Yes Mayor Pro Tem Neugent Yes Motion Carried. Item 0.6 Approval of an Agreement with Anfield Consulting for professional consulting services representing the County's state legislative interests and advocating for the County's position on various legislative priorities and issues as approved by the BOCC and assigned by the County Administrator. This item was held by Commissioner Kolhage to record his vote against this item due to a possible conflict with the consulting firm's representation of the opposition on the Big Sugar issue. Following discussion, it was agreed the item would be withdrawn from the agenda to allow the County Administrator time to consult with the consulting firm to confirm no conflict existed that would detrimentally affect the County's efforts and best interests. The County Administrator will place this item on the next available agenda to update the Board. RESULT: WITHDRAWN /NO ACTION TODAY (Agenda Item 0.6) Item 0.8 A brief overview of the County's Management of Zika with an emphasis on utilizing the National Incident Management System to ensure an efficient and effective response through coordination and communication utilizing ICS processes. Marty Senterfitt, Director of Emergency Management, provides an overview what is being done. 0-8 Presentation by Michael Doyle, Director of the Florida Keys Mosquito Control District. Bob Eadie, Administrator of the Monroe County Health Department, elaborated further on the Zika Virus. Kathlyn Waltkins, Myla DeMier, and Meagan Hull addressed the Board as public speakers. At Mayor Carruthers' request, the Zika related R -5 item was heard immediately following Mr. Doyle's slide presentation updating the Board on the history and current efforts across the country and in Monroe County regarding the Zika Virus. Mr. Doyle also discussed the coordinated efforts with the County outlined in the ILA being presented for approval by the Board. 8/17/2016 Page 18 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 COUNTY ATTORNEY Item P.1 County Attorney Written Report August 2016 County Attorney introduced Assistant County Attorney Renee Rogers who recently began her employment with Monroe County. County Attorney Bob Shillinger read a script into the record requesting a closed session in the matter of Thomas F. Collins, et al. v. Monroe County, v. State of Florida, CAM -04 -379, Sixteenth Judicial Circuit, and Monroe County, Florida on September 21, 2016 at 1:30 p.m. or as soon thereafter may be heard. Commissioner Murphy moved to approve the request for closed session, seconded by Commissioner Rice, and approved with no objection. Mayor Carruthers was not present. PUBLIC HEARINGS Item Q.1 A public hearing to consider an ordinance creating Sections 23 -43 through 23 -47 of the Monroe County Code, to provide a reduction in assessed value for construction or reconstruction of homesteaded property completed after January 7, 2003 for the purpose of providing living quarters for parents or grandparents of property owners, pursuant to FS 193.703 and the 2002 amendment to the Florida Constitution known as the "Granny Flats" Amendment. Motion to approve was initially made by Commissioner Murphy and seconded by Commissioner Rice prior to public speaker Deb Curlee addressing the Board with her concerns. Property Appraiser Scott Russell addressed the Board to respond to the concerns expressed by the speaker and the Board and followed by Assistant County Attorney Cynthia Hall. Following discussion, the Board directed staff to coordinate with the Property Appraiser as needed to address the concerns discussed and bring the item back to the Board with answers addressing the concerns discussed. Commissioner Murphy withdrew her motion to approve. A motion was made by Commissioner Kolhage to continue the public hearing to October 19th and seconded by Commissioner Murphy. The motion was approved with no objection. Mayor Carruthers was not present. RESULT: TABLED [4 TO 0] Agenda Item Q.1 Next: 10/19/2016 9:00 AM MOVER: Danny Kolhage, Commissioner District 1 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Neugent, Kolhage, Murphy, Rice NOT PRESENT: Carruthers Item Q.2 Approval of a resolution renouncing and disclaiming any right of the County and the public in and to a portion of the right -of -way of Ed Swift Road, in a part of Government Lot 2, Township 67 South, Range 26 East, on Big Coppitt Key, Monroe County, Florida. RESOLUTION #158 -2016 IS INCORPORATED HEREIN BY REFERENCE 8/17/2016 Page 19 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 RESULT: APPROVED [4 TO 0] Agenda Item Q.2 Resolution #158 -2016 MOVER: Sylvia Murphy, Commissioner District 5 SECONDER: David Rice, Commissioner District 4 AYES: Neugent, Kolhage, Murphy, Rice NOT PRESENT: Carruthers Item Q.3 An ordinance by the Monroe County Board of County Commissioners to defer the approval of applications for the transfer of development rights to offshore islands, transfer of ROGO exemptions to offshore islands, tier amendments for offshore islands; map amendments for offshore islands to increase potential density or intensity and text amendments for offshore islands to increase development potential (density /intensity), commencing August 17, 2016, until such time as a land development code amendment process as called for in Policy 102.6.1 of the 2030 Comprehensive Plan is completed regarding offshore islands and providing for expiration within 365 days of the effective date of this interim development ordinance or when the land development code amendments become effective, whichever comes first, providing for severability; providing for transmittal to the State Land Planning Agency and the Secretary of State; providing for an effective date. The following public speakers addressed the Board: Bart Smith representing FEB Corp and Deb Curlee. ORDINANCE #025 -2016 IS INCORPORATED HEREIN BY REFERENCE RESULT: APPROVED [4 TO 0] Agenda Item Q.3 Ordinance #025 -2016 MOVER: Sylvia Murphy, Commissioner District 5 SECONDER: David Rice, Commissioner District 4 AYES: Neugent, Kolhage, Murphy, Rice NOT PRESENT: Carruthers Item Q.4 A public hearing to consider a resolution by the BOCC to amend Resolution # 118 - 2015, the Planning & Environmental Resources Fee Schedule, to: amend the fee schedule to include new application requirements as adopted by the 2030 Comprehensive Plan and the new Land Development Code (including concept meetings, BOCC impact meetings, community meetings, additional noticing and staff facilitation of meetings); to establish fees for an inclusionary housing alternative compliance application; to establish fees for a map designation verification application; to establish fees for a platting lot line adjustment application; to establish fees for a temporary non - emergency housing application; to round all proposed and current fees to the nearest tenth to eliminate and reduce payment errors; and to repeal any other fee schedules inconsistent herewith. 8/17/2016 Page 20 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 Public speaker Mitchell Harvey addressed the Board requesting the public hearing be tabled. Mayte Santamaria, Senior Director of Planning & Environmental Resources addressed the Board regarding the proposed fees. RESOLUTION #152 -2016 IS INCORPORATED HEREIN BY REFERENCE RESULT: APPROVED [4 TO 0] Agenda Item Q.4 Resolution #152 -2016 MOVER: Sylvia Murphy, Commissioner District 5 SECONDER: David Rice, Commissioner District 4 AYES: Neugent, Kolhage, Murphy, Rice NOT PRESENT: Carruthers Item Q.5 A Public Hearing to consider approval of a resolution for Budget Amendments for Fiscal Year 2016 for the Big Coppitt Wastewater Project, Fund 310; Duck Key Wastewater Project, Fund 311; and Card Sound Bridge, Fund 401. No public speakers. RESULT: APPROVED [4 TO 0] Agenda Item Q.5 Resolution #190 -2016 MOVER: Sylvia Murphy, Commissioner District 5 SECONDER: Danny Kolhage, Commissioner District 1 AYES: Neugent, Kolhage, Murphy, Rice NOT PRESENT: Carruthers RESOLUTION #190 -2016 IS INCORPORATED HEREIN BY REFERENCE ADD ONS Item R.3 Discussion and direction regarding possible negotiation of extension of contract with the Medical Examiner. Assistant County Attorney Cynthia Hall addressed the Board seeking direction concerning the contract with the Medical Examiner and the Medical Examiner re- appointment process. Ms. Hall confirmed any extension of the contract would be contingent on re- appointment by the Governor. The Board recommended that any extension of the contract include the Clerk's Audit recommendations. Item R.4 Request to hold an Attorney -Client Closed Session in the matter of Denenberg v. Marine Mammal Conservancy, Inc., et al., Circuit Court Case 14 -CA -364 -P at the regularly scheduled BOCC meeting on September 21, 2016 in Key Largo at 1:30 p.m. or as soon thereafter as may be heard. County Attorney Bob Shillinger read the script into the record requesting a Closed Session for 4:00 p.m., or as soon thereafter as may be heard, at the September 8, 2016 BOCC special meeting in Marathon, FL in the matter of Denenberg v. Marine Mammal Conservancy, Inc., et al., Circuit Court Case 14 -CA- 364 -P. 8/17/2016 Page 21 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 RESULT: APPROVED [4 TO 0] Agenda Item R.4 MOVER: David Rice, Commissioner District 4 SECONDER: Danny Kolhage, Commissioner District 1 AYES: Neugent, Kolhage, Murphy, Rice NOT PRESENT: Carruthers Item R.5 Approval of inter local agreement with the Monroe County Mosquito Control District to provide county employees to supplement the District's workforce on a temporary, as needed basis. At the request of Mayor Carruthers, this item was heard with related presentation Item 0-8. Following the 0-8 presentation by the Florida Keys Mosquito Control, a motion to approve the R -5 Inter local Agreement was made by Commissioner Murphy and seconded by Commissioner Kolhage which passed with no objection. RESULT: APPROVED [UNANIMOUS] Agenda Item R.5 MOVER: Sylvia Murphy, Commissioner District 5 SECONDER: Danny Kolhage, Commissioner District 1 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice 8/17/2016 Page 22 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 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 8/17/2016 Page 23