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12/14/2016 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 Regular Meeting Board of County Commissioners Wednesday, December 14, 2016 Key Largo, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. at the Murray E. Nelson Government Center. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner Danny Kolhage, Commissioner Sylvia Murphy, Commissioner David Rice, and Mayor George Neugent. 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. ADDITIONS, CORRECTION, DELETIONS Item A.1 Approval of agenda. Following the reading of the Add Ons, Corrections and Deletions for those revisions that did not appear on the Revised Agenda by Lindsey Ballard, Aide to the County Administrator, Commissioner Danny Kolhage moved to approve the agenda, seconded by Commissioner Sylvia Murphy. RESULT: ADOPTED [UNANIMOUS] Agenda Item A.l MOVER: Danny Kolhage, Commissioner District 1 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice PRESENTATION OF AWARDS Item B.1 Monroe County (County) recognition of Pumpout USA for exemplary mobile vessel pumpout service and pumping out its one millionth gallon of sewage from the waters of the County, improving water quality. Rich Jones, Marine Resources Coordinator, publicly recognized the efforts of Pumpout USA and presented Captain Donnie Brown, President of Pumpout USA, with an award for pumping out its one millionth gallon of sewage from Monroe County waters. Item B.2 Presentation of a Proclamation with Recognition of December 21, 2016 as National Homeless Persons Day in Monroe County. Mayor George Neugent presented the National Homeless Persons Day Proclamation. Item B.3 Presentation of Mayor's Proclamation observing January 7 -15, 2017 Week of Peace in Monroe County. Mayor George Neugent presented the Mayor's Proclamation observing January 7 -15, 2017 the "Week of Peace" in Monroe County. 12/14/2016 Pagel MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 Item B.4 Presentation of a Proclamation declaring the week of January 15, 2017 through January 21, 2017 as "Manny Madruga Week" in Monroe County, FL. Mayor George Nuegent presented the Mayor's Proclamation observing the week of January 15 -21, 2017 as "Manny Madruga Week" in Monroe County. Monroe County State Attorney, Catherine Vogel was the recipient of the Proclamation. BULK APPROVALS Commissioner Murphy addressed the audience regarding the Rules of Bulk Approval's items. Motion was made by Commissioner Murphy and seconded by Commissioner Kolhage granting approval of the following bulk items (C.1 through M.8). Motion passed unanimously. Item C.1 Board granted approval of Second Renewal Amendment Agreement with Black Fire Protection, Inc. For "Full Maintenance — Fire Protection Systems ". The contract amount is adjusted by .7 %. The quarterly rate will be $4,364.73. This Second Renewal Amendment will be retroactive to December 11, 2016, the term commencement date. Item C.2 Board granted approval of a Resolution authorizing an agent of Animal Control Contractors to enforce Chapter 4, Monroe County Code, and Chapter 828, Florida Statutes, and to issue citations for violations of the Monroe County Code including requiring appearance for disposition in County Court. RESOLUTION #318 -2016 IS INCORPORATED HEREIN BY REFERENCE Item C.3 Board granted approval of a month to month renewal Agreement with Air Mechanical & Service Corp. for a full maintenance program for the two centrifugal chillers at Jackson Square. Item CA Board granted approval to renew the current contract for gasoline and diesel fuel on a month to month basis between Monroe County & Dion Fuels LLC. Item C.5 Board granted approval of Amendment 1 to the contract with Kisinger Campo & Associates, Corp. for engineering design and permitting services for the Garrison Bight Bridge Repair Project. The Amendment adds a cultural resources evaluation and a lead based paint survey to the scope of services for a lump sum fee of $9,254.27. This design is funded by a local agency program (LAP) grant agreement with Florida Department of Transportation (FDOT). Item C.6 Board granted approval of a Second Amendment to Agreement with Little John Engineering Associates, Inc. for additional design services at the Big Pine Key swimming hole. $100,000.00 is funded by FDOT through the Transportation Alternatives Program. $49,500.00 is paid for from the infrastructure tax. 12/14/2016 Page 2 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 Item C.7 Board granted approval of Change Order with Barracuda Builders, Inc. in the amount of $43,515.00 for demolition and replacement of a door /store front at the East Martello Tower. This is 100% funded through the Tourist Development Council (TDC) Grant. Item C.8 Board granted approval of Second Amendment to Administrative Services Agreement between Blue Cross and Blue Shield of Florida and Monroe County Board of County Commissioners to include Teladoc Services effective January 1, 2017 at an additional cost of $1 per employee per month through December 31, 2020, which is estimated to cost approximately $19,200 per year for four years that equates to $76,800. Item C.10 Board granted approval of First Amendment to contract with Garden of Eden of the Florida Keys, Inc., for landscaping services at the Key West International Airport. Increasing the hourly rate from $25 /hr to $25.18/hr. and increasing the annual contract amount from $100,000 /yr. to $100,700 /yr. in accordance with contract provisions for a annual CPI adjustment of 0.7 %. Item C.11 Board approved receipt of monthly report on change orders reviewed by the County Administrator's office. Item C.12 Board granted approval of a task order for professional services with T.Y. Lin International H/J Ross for the Higgs Beach re- nourishment above and below mean high water line in the amount of $62,177.00. This is funded by the TDC. Item C.13 Board granted approval of Change Order 41 for West Construction, Inc. For Phase 2 and 3 of the Marathon Storage Hangars project at the Florida Keys Marathon International Airport. Phase 2 and 3 includes Additive Bids 2, 3 & 4 in the total amount of $1,340,329, which will complete the project. Funded by 80% FDOT Grant ARK80 (Joint Participation Agreement 42) and 20% Airport Operating Fund. Item C.14 Board granted approval of Jacobs Project Management Company Amended Task Order 412/14 -61(A) adding Phase 2 & 3 Construction Support Services in the amount of $117,300 for the construction of 11 Storage Hangars at the Florida Keys Marathon International Airport. This increases the total cost of Task Order 412/14 -61(A) from $135,250.00 to $252,550.00, to be paid from FDOT Grant ARK80 (80 %) and Airport Operating Fund 403 (20 %). Item C.15 Board granted approval of Fiscal Year 2017 Human Service Organization (HSO) Agreement with the Domestic Abuse Shelter, Inc. (DAS 12/14/2016 Page 3 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 Item C.16 Board granted approval of an Agreement with SCS Engineers in the amount of $33,183.00 to provide professional engineering services to assist Monroe County with renewal of the Operational Permit for the Cudjoe Key Lined Landfill cells, and prepare for the permanent closing of the site. Item C.17 Board granted ratification and approval of State of Florida Department of Transportation Joint Participation Agreement Number GOG88 providing funding of $500,000.00 for Marathon Airport Car Wash Facility at the Florida Keys Marathon International Airport. Total project cost up to $625,000.00 to be funded by FDOT 80 %($500,000) and Marathon Airport operating funds 20% ($125,000). Item C.18 Board granted ratification and approval of State of Florida Department of Transportation Joint Participation Agreement Number GOE47 providing funding of $700,000.00 for Key West Airport Essential Airport Equipment at the Key West International Airport. Total project cost up to $1,400,000 to be funded FDOT 50% ($700,000) and Key West Airport operating funds 50% ($700,000). Item C.19 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 #316 -2016 transfer of funds for Fund 001, 158, & 403 Resolution #317 -2016 receipt of unanticipated funds for Fund 125 Item C.20 Board granted approval of Amendment to Agreement between GA Food Services, Inc., and Monroe County Board of County Commissioners /Monroe County Social Services/Nutrition Services (for the provision of Congregate and Home Delivered Meals throughout Monroe County) for the CPI -U adjusted rate of 1.6% or $3.80 per meal, for a total grant funded contract amount of $231,573.28. Item C.21 Board granted approval of Standard Contract # AA -1729, Older Americans Act (OAA) 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 for the contract period of 01/01/2017 through 12/31/2017 in the amount of $623,264.50. Item C.22 Board granted approval to enter into negotiations with Littlejohn Engineering Associates, Inc., an S &ME Company, for the design of Rowell's Waterfront Park. This project is funded 100% by FDOT through the Transportation Alternatives Program. Item H.1 Board granted approval of Selectron contract amendment to upgrade server and the Integrated Voice Response (IVR) application system in preparation for permit expiration notification enhancement for $19,500. 12/14/2016 Page 4 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 Item H.2 Board granted approval of Selectron contract amendment to add new enhancement that will send notifications to permit holders to inform them of upcoming expiration of issued permits for a cost of $30,000. Item H.3 Board granted approval of SunGard contract amendment to add additional licenses for concurrent users and redundancy /disaster recovery servers for $7,840. Item HA Board granted approval of a resolution setting a public hearing for January 18, 2017, at the Marathon Government Center, Marathon to consider approval of a resolution renouncing and disclaiming any right of the County and the public in and to a portion of the right -of -way, at the SE corner of the intersection of Atlantic Circle Drive and Tavern Drive, in a part of Government Lot 2, Section 34, Township 62 South, Range 38 East, on Tavernier Key, Monroe County, Florida. RESOLUTION #320 -2016 IS INCORPORATED HEREIN BY REFERENCE Item H.10 Board granted approval to rescind an Interlocal Agreement (ILA) between Monroe County and City of Marathon transferring 32 low income and 4 very low income (36 total) affordable housing ROGO allocations to the City of Marathon for a project known as Anchorage Homes. Item H.11 Board granted approval to rescind an Interlocal Agreement (ILA) between Monroe County and City of Marathon transferring 41 low income and 5 very low income (46 total) affordable housing ROGO allocations to the City of Marathon for a project known as Vaca Bay Seniors (Beneficial Development LLC). Item J.1 Board granted approval of Second Amendment to Contract for Law Enforcement and Security Services at Key West International Airport. Item K.1 Board granted approval to reappoint Sandra Higgs to the Human Services Advisory Board. Item K.2 Board granted approval to reappoint Bob Mock to the Parks and Recreation Advisory Board. Item K.3 Board granted approval to reinstate unused funds for the creation of a wind insurance mitigation form specific for Monroe County in the amount of $30,000; to be administered by Fair Insurance Rates in Monroe (FIRM). 12/14/2016 Page 5 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 Item L.1 Board approved the Clerk's Report: (1) Fixed assets transferred in the month of October 2016 Informational Purpose Only. (2) Fixed assets retired in the month of October 2016 Information 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. (4) 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 L.2 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. Item L.3 Board granted approval of Tourist Development Council expenses for the month of October 2016. Item LA Board granted approval of BOCC Warrants (Including Payroll) for the Month of Oct 2016. Item M.3 Board granted approval to enter into Amendment No. 2 to EPA Canal Grant X7- OOD40915 to provide grant funding to the County in the amount of $110,582.00 to partially fund the $170,921.75 cost of Phase IIIA of the Canal Management Master Plan; and approve using $200,000 of the $1,524,040 cost of the canal 483 combination muck removal / backfilling project as a match for the grant. Item MA Board granted approval to enter into a $0 on -call contract with Amec Foster Wheeler, Inc. for canal masterplan program planning services. Potential Task Orders to be provided in the future for master planning and related services. Item M.5 Board granted approval to enter into a $127,611.75 Task Order No. 1 to the on call contract With Amec Foster Wheeler, Inc. for Category A canal masterplan program planning services to implement a $110,582 grant from EPA for development of Phase IIIA of the canal master plan. Item M.7 Board granted approval to negotiate an on -call contracts with Amec Foster Wheeler, Inc. and Tetra Tech Inc, the two highest ranked respondents for canal infrastructure engineering services. Item M.8 Board granted ratification of one small contract with Douglas N. Higgins, Inc. in the amount Of $43,643.09 signed by the County Administrator. 12/14/2016 Page 6 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 NON -BULK ITEMS Item C.9 Adopt resolution creating a Health Plan Advisory Committee (HPAC) for 1 (one) year to advise the County Commission on recommended changes to the health insurance or prescription insurance benefits. This item was held from Bulk Approvals by Commissioner Kolhage. Commissioner Kolhage moved to approve the resolution with an amendment adding 1 additional retiree to the Committee (from 1 to 2 retirees). The motion was seconded by Commissioner Murphy. Motion unanimously approved. RESOLUTION #319 -2016 IS INCORPORATED HEREIN BY REFERENCE STAFF REPORTS Lisa Tennyson, Legislative Affairs Director, provided a Legislative update and information regarding advisory board meetings as well as the Constitution Revision Committee. Kevin Wilson, Assistant County Administrator, @ 3:43 pm provided a couple of updates and other significant happenings. Chief Callahan provided an update regarding the Trauma Star and where we are right now. The concern of Life Net leaving or pulling away was raised by Commissioner Rice. Roman Gastesi, County Administrator, stated staff is planning to bring back to the board in January an item to move forward if something doesn't work out with Life Net, the possibility of purchasing a third helicopter. ADJOURNMENT OF THE BOARD OF COUNTY COMMISSIONERS MEETING FOR THE FIRE AND AMBULANCE DISTRICT 1 BOARD OF GOVERNOR'S BOARD MEETING FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS Chair /Mayor George Neugent convened the Fire & Ambulance District 1 Board of Governors for purposes of selecting the Board of Governors and officers. Bruce Halle, City of Layton, was introduced as the newest member of the Board of Governors. Chairman Neugent noted that Mayor Norm Anderson, member of the BOG was not in attendance at the meeting. Present and answering to the Roll Call were Commissioner Danny Kolhage, Commissioner /Chairman George Neugent, Commissioner David Rice, and Bruce Halle running for Councilman. Item No items submitted (until day of meeting). 12/14/2016 Page 7 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 Item F.1 ADD ON DAY OF MEETING: Election of the Board of Governors and officers. (VERBAL ONLY -NO BACKUP) A motion was made by Commissioner Rice to retain officers in their current positions, seconded by Commissioner Kolhage. Motion was approved unanimously. THE LOWER & MIDDLE KEYS FIRE & AMBULANCE DISTRICT BOARD OF GOVERNORS ADJOURNED AND THE BOARD OF COUNTY COMMISSIONERS RECONVENED ENGINEERING Item G.1 Presentation of the Florida Department of Transportation (FDOT) Tentative Five Year Work Program for fiscal years 2017 -2018 through 2021 -2022. Chris Rosenberg, FDOT District 6 Work Program Administrator, seeks the Commission's concurrence on the 5 year work program for years 2018 -2022. Mr. Rosenberg presented a FDOT presentation explaining the 5 Year Work Program. Linda Johnson, FDOT District 6, addressed the Commission as a speaker. Public speaker Stuart Schaffer representing Sugarloaf Shores Property Owners Association addressed the Commission. Chris Rosenberg & Judith Clarke, Director of Engineering, responded to Stuart Schaffer comments addressing that issue. Commissioner Rice moved approval for the item, seconded by Commissioner Kolhage. Motion unanimously approved. PLANNING AND ENVIRONMENTAL, BUILDING AND CODE COMPLIANCE DEPARTMENTS Item H.5 Approval of an Interlocal Agreement (ILA) between Monroe County and City of Marathon transferring 34 low income Affordable Housing ROGO Allocations from Monroe County to the City of Marathon. This ILA is proposed by CB Schmitt Real Estate Company, Inc., Callianasa Corp., Key Vaca LLC, Driftwood LLC, and Twenty -Third Street LLC, requesting 34 affordable allocations in order to deed restrict 34 units which are currently market rate units. This is not a low income housing tax credit (LIHTC) project. Agenda Items H.5, H.6, H.7, H.8, H.9, and Q.2 were asked by the Commission to be called together. Mayte Santamaria, Senior Director of Planning and Environmental Resources set the stage. A Table was provided on the screen for the public as well as the Commission listing a summary of requests that were before the Commission. 12/14/2016 Page 8 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 Chuck Lindsey City Manager of the City of Marathon, Michelle Coldiron Vice - Mayor of the City of Marathon, George Garrettt City Planning Director of the City of Marathon, Robby Majeska, Jose Romero representing HTG Crystal Cove Resort, LLLP, Martin Flynn representing Keys Affordable Development III, LLC, Barbara Mitchell representing Seaward Properties LLC, Peter Rosasco representing Seaward Properties LLC, Bart Smith representing Rockland Operations, and Brian Schmitt addressed the Board as public speakers. Commissioner Carruthers moved approval for H.5, seconded by Commissioner Rice. A Roll-Call was taken by the Clerk with the following results: Commissioner Carruthers Yes Commissioner Kolhage No Commissioner Murphy No Commissioner Rice Yes Mayor Neugent Yes Motion Carried. After further discussion, Commissioner Rice motioned to reconsider item H.5 with an added condition, seconded by Commissioner Carruthers. Motion unanimously approved. A motion to approve H.5 with the added condition of sending 34 affordable allocations from the county's allocations to the city as spelled out in the ILA in the county. At least somewhere between 17 & 34 of those allocations, market rate that are harvested off the receiver site can only be used in unincorporated Monroe County and Mr. Schmitt, owner of those allocations, be directed to sell those allocations to individuals. Motion will include the transfer of market rate remain where they are located in the lower keys sub area and to be approve by a minor conditional use. Commissioner Rice moved approval, seconded by Commissioner Rice. Motion unanimously approved. 12/14/2016 Page 9 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 Item H.6 Approval of an Interlocal Agreement (ILA) between Monroe County and City of Marathon transferring 23 low income, 3 very low income, and 20 moderate income (46 total) Affordable Housing ROGO Allocations from Monroe County to the City of Marathon. This ILA is proposed by HTG Crystal Cove Resort, LLLP, for a project that proposes developing 46 new affordable housing units and is applying for state low income housing tax credits (LIHTC). Commissioner Carruthers moved approval for H.6, seconded by Commissioner Murphy. A Roll-Call was taken by the Clerk with the following results: Commissioner Carruthers Yes Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Rice Yes Mayor Neugent Yes Motion Carried /ILA Approved. Item H.7 Approval of an Interlocal Agreement (ILA) between Monroe County and City of Marathon transferring 52 low income and 3 very low income (55 total) Affordable Housing ROGO Allocations from Monroe County to the City of Marathon. This ILA is proposed by Keys Affordable Development III, LLC, for a project that proposes developing 55 new affordable housing units and is applying for state low income housing tax credits (LIHTC). Commissioner Carruthers moved approval for H.7, seconded by Commissioner Rice. Motion unanimously approved (ILA Approved). 12/14/2016 Page 10 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 Item H.8 Approval of an Interlocal Agreement (ILA) between Monroe County and City of Marathon transferring 53 Affordable Housing ROGO Allocations from Monroe County to the City of Marathon. Unit breakdown by income levels is expected to be: 8 Very Low; 8 Low; 33 Median; and 4 Moderate. This ILA is proposed by Seaward Properties Redevelopment. This is not a low income housing tax credit (LIHTC) project. Commissioner Rice moved approval for H.8, seconded by Mayor Neugent. A Roll-Call was taken by the Clerk with the following results: Commissioner Carruthers No Commissioner Kolhage No Commissioner Murphy No Commissioner Rice Yes Mayor Neugent Yes Motion Failed. Mayor Neugent made an Appeal for reconsideration on H.8. Item H.9 Approval of an Interlocal Agreement (ILA) between Monroe County and City of Marathon transferring 30 Affordable Housing ROGO Allocations from Monroe County to the City of Marathon. This ILA is proposed by the City of Marathon (104th Street). Unit breakdown by income levels is expected to be: 2 Very Low; 24 Low and 4 Moderate. This is not a low income housing tax credit (LIHTC) project. Commissioner Rice moved approval for H.9 as drafted, seconded by Mayor Neugent. A Roll-Call was taken by the Clerk with the following results: Commissioner Carruthers No Commissioner Kolhage No Commissioner Murphy No Commissioner Rice Yes Mayor Neugent Yes Motion Failed. 12/14/2016 Page 11 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 CLOSED SESSION Item L 1 An Attorney- Client Closed Session in the matter of Monroe County v. Zamindari Investments, Inc., et al., Case No. 14- CA- 165 -M. Closed Session held; script read into the record. Mayor Neugent declared the closed meeting ended and returned to the open session. COMMISSIONERS' ITEMS Item K4 Approval of fourth amendment to the employment agreement of Carol Schreck as Executive Assistant to Commissioner Carruthers, to increase her salary and amend Exhibit A, job description. During the reading of the Bulk Approvals by Commissioner Sylvia Murphy, Commissioner Carruthers withdrew this item from the BOCC 12/14/16 meeting agenda. RESULT: WITHDRAWN COUNTY ADMINISTRATOR Item M.1 County Administrator's Monthly Report. Item M.2 Discussion and approval of the 2017 Appointments of Commissioners to various duties. Board tabled this item to the BOCC 1/18/2017 meeting. No formal motion was made; however, direction was given by Mayor Neugent at the request of Commissioner Carruthers, with no objection. RESULT: TABLED [UNANIMOUS] Agenda Item M.2 Next: 1/18/2017 9:00 AM MOVER: George Neugent, Mayor /Commissioner District 2 SECONDER: Heather Carruthers, Commissioner District 3 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice Item M.6 Part 2 (of 3) of the review and discussion of the draft Final Report of the tidal flooding roads demonstration projects. This item was scheduled for a time approximate of 2:00 P.M. Rhonda Haag, Sustainability Coordinator, set the stage. No vote today, just general information. Erin Deady, PA., presented a presentation with a recap of alternatives; legal framework and what we are working on in terms of a policy response. 12/14/2016 Page 12 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 Item M.9 Approval of five (5) year Interlocal Agreement with Key Largo Fire and EMS District, starting on 10/1/2016 and running through 9/30/2021, whereby the County will reimburse $150,000 per year ($750,000 total) for the purchase and installation of fire hydrants from infrastructure surtax funds. This item was scheduled for an 11:00 AM Time Approximate. Dotti Moses representing Island of Key Largo Federation of Homeowners Association and Commissioner Bob Thomas representing Key Largo Fire & EMS District Rescue addressed the Board as public speakers. After discussion, Commissioner Rice moved approval, seconded by Commissioner Carruthers. Motion unanimously approved. COUNTY ATTORNEY Item N.1 County Attorney Report for December 2016. County Attorney Bob Shillinger referred the Board to his written reports. Mr. Shillinger referred the Board to his recent email to them advising the Board of a notice received from the Nuclear Regulatory Commission advising they are accepting comment and input from the County regarding Turkey Point and seeking the Board's authorization for staff to develop and submit a response on behalf of the County. Mayor Neugent granted authorization to the County Attorney and, without objection, authorization was granted 4 -0; Commissioner Carruthers was not present. Item N.2 Request to hold an Attorney -Client Closed Session in the matter of Monroe County v. Keith M. Munt, Case No. 16 -CA -330 -K at the January 18, 2017 BOCC meeting in Marathon, FL 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 in the matter of Monroe County v. Keith M. Munt, Case No. 16 -CA -330 -K at the January 18, 2017 BOCC meeting in Marathon, FL at 1:30 P.M. A motion was made by Commissioner Rice to approve the request and seconded by Commissioner Murphy. Hearing no objection, the motion as approved 4 -0 with no objection and Commissioner Carruthers not present. RESULT: APPROVED [UNANIMOUS] Agenda Item N.2 MOVER: David Rice, Mayor Pro Tem/Commissioner District 4 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice Item N.3 Discussion and direction regarding whether County should consider regulating vehicles for hire including traditional taxis, Uber, Lyft, and other similar entities. County Attorney Bob Shillinger provided the Board with a brief history on this item. Don Kelley, a taxi driver in Islamorada, then addressed the Board regarding the critical financial 12/14/2016 Page 13 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 impact of Uber drivers on taxi drivers in Monroe County. He explained that Uber drivers are operating as a "vehicle for hire" but are not required to register as a business /obtain a taxi license, pay business taxes, carry commercial insurance coverage nor operate within restricted boundaries as required of taxi drivers, putting taxi drivers at an extreme disadvantage. The County Attorney clarified that the County does have jurisdiction in Islamorada, Village of Island but does have county -wide authority to regulate taxi's, i.e. set rates, limits, etc. but currently does not do so with the exception of Key West International Airport (KWIA) which requires a taxi to have a City taxi license in order to operate at KWIA. Direction was given by Mayor Neugent to the County Attorney to work with the Tax Collector to solve the immediate need in confirming that Uber, Lyft drivers and other similar entities are properly registering and paying business taxes and bring his findings back to the Board in January. The Mayor's motion was approved 4 -0 without objection; Commissioner Carruthers was not present. Item NA Approval of a resolution granting authority to terminate outstanding contracts between the Upper Keys Health Care Taxing District and third parties, and disposing of unused surplus office equipment. This item was deleted from the BOCC 12/14/16 agenda as it was heard and adopted at the BOCC 11/22/16 meeting (Add On Item V -1). The Deletion was noted on the BOCC 12/14/16 Revised Agenda. RESULT: WITHDRAWN Item N.5 Discussion and direction on whether to revise our County policy as to park fees and insurance requirements for use of public facilities. County Attorney Bob Shillinger addressed the Board. After a brief discussion, a motion was made by Commissioner Rice directing staff to revise our County policy regarding park fees and insurance requirements for use of public facilities to make it more "friendly" for individuals, families, etc. The motion was seconded by Commissioner Murphy and approved 4 -0 without objection and Commissioner Carruthers not present. RESULT: APPROVED [4 TO 0] Agenda Item N.5 MOVER: David Rice, Mayor Pro Tem/Commissioner District 4 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Neugent, Kolhage, Murphy, Rice NOT PRESENT: Carruthers 12/14/2016 Page 14 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 PUBLIC HEARINGS Item 0.1 A public hearing to consider an ordinance abolishing the Upper Keys Health Care Taxing District (Trauma District). Commissioner Murphy moved for approval, seconded by Commissioner Rice. Motion unanimously approved. RESULT: APPROVED [UNANIMOUS] Agenda Item 0.1 Ordinance #031 -2016 MOVER: Sylvia Murphy, Commissioner District 5 SECONDER: David Rice, Mayor Pro Tem/Commissioner District 4 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice ORDINANCE #031 -2016 IS INCORPORATED HEREIN BY REFERENCE Item 0.2 A public hearing to consider adoption of an ordinance that would make it a civil infraction to possess five grams or less of marijuana and related drug paraphernalia. A motion was made by Commissioner Carruthers to approve the ordinance with the amendment from 5 grams to 20 grams. The motion was seconded by Commissioner Rice and approved unanimously. RESULT: APPROVED [UNANIMOUS] Agenda 0.2 Ordinance #032 -2016 MOVER: Heather Carruthers, Commissioner District 3 SECONDER: David Rice, Mayor Pro Tem/Commissioner District 4 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice ORDINANCE #032 -2016 IS INCORPORATED HEREIN BY REFERENCE Item 0.3 Approval of a resolution renewing the intent to use the uniform method to collect non -ad valorem special assessments toward the cost of providing wastewater utility services to properties on Stock Island, Key Haven, Big Coppitt Lower Sugarloaf through Big Pine Key, No Name Key, Long Key, Duck Key excluding Indies Island, and three parcels on Boca Chica. Commissioner Rice moved to approve the ordinance and seconded by Commissioner Carruthers. Motion unanimously approved. RESULT: APPROVED [UNANIMOUS] Agenda Item 0.3 Resolution #321 -2016 MOVER: David Rice, Mayor Pro Tem/Commissioner District 4 SECONDER: Heather Carruthers, Commissioner District 3 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice RESOLUTION #321 -2016 IS INCORPORATED HEREIN BY REFERENCE 12/14/2016 Page 15 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 Item 0.4 A public hearing to consider approval of a resolution of Monroe County, Florida electing to use the uniform method of collecting non -ad valorem special assessments levied within the County toward the cost of providing Operations and Maintenance costs for canal restoration demonstration projects on Big Pine Key, Geiger Key and Key Largo; stating a need for such levy; providing for the mailing of this resolution; and providing for an effective date. Sustainability Coordinator Rhonda Haag addressed the Board to place on record that the Proof of Publication from the Keynoter was received and to be made a part of the agenda backup for this item, specifically Exhibit A. to the Resolution, along with the Proof of Publications from the Key West Citizen and the Reporter to document compliance with statutory publication requirements. Commissioner Murphy moved to approve the resolution which was seconded by Commissioner Kolhage. Motion unanimously approved. RESULT: APPROVED [UNANIMOUS] Agenda Item 0.4 Resolution #322 -2016 MOVER: Sylvia Murphy, Commissioner District 5 SECONDER: Heather Carruthers, Commissioner District 3 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice RESOLUTION #322 -2016 IS INCORPORATED HEREIN BY REFERENCE SOUNDING BOARD Item P.1 Request to speak to the County Commissioners regarding increased efforts to address litter, trash, and debris - Dottie Moses. Richard Barreto representing Tavernier Community Association, Dotti Moses, and Bill Hunter representing SSPOA addressed the Board as public speakers. Kevin Wilson, Assistant County Administrator, addressed the Board to answer the board's questions. ADD ONS Item Q.1 Approval of an Amendment to Agreement with Key West Women's Club, Inc for the Hellings House Phase I Repair and Restoration Project to extend the completion date of the project to December 30, 2016 and to revise Exhibit A - outlining Scope of Service. This item was held from Bulk Approvals by Commissioner Murphy. When the item was called, staff confirmed the cost was to be paid by the Tourist Development Council funds. Commissioner Murphy then moved to approve the item which was seconded by Commissioner Rice and approved 4 -0 without objection; Commissioner Carruthers was not present. 12/14/2016 Page 16 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 RESULT: APPROVED [4 TO 0] Agenda item Q.l MOVER: Sylvia Murphy, Commissioner District 5 SECONDER: David Rice, Mayor Pro Tem/Commissioner District 4 AYES: Neugent, Kolhage, Murphy, Rice NOT PRESENT: Carruthers Item Q.2 Approval of a Resolution reserving ninety -six (96) affordable housing dwelling unit allocations consisting of Forty-Four (44) Low income, Twenty (20) Median income and Thirty -Two (32) Moderate Income for one (1) year for use by Rockland Operations at 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. The applicant is requesting the reservation to apply for state low income housing tax credits (LIHTC). Agenda Items H.5, H.6, H.7, H.8, H.9, and Q.2 were asked by the Commission to be called together. Mayte Santamaria, Senior Director of Planning and Environmental Resources set the stage. A Table was provided on the screen for the public as well as the Commission listing a summary of requests that were before the Commission. Chuck Lindsey City Manager of the City of Marathon, Michelle Coldiron Vice - Mayor of the City of Marathon, George Garrettt City Planning Director of the City of Marathon, Robby Majeska, Jose Romero representing HTG Crystal Cove Resort, LLLP, Martin Flynn representing Keys Affordable Development III, LLC, Barbara Mitchell representing Seaward Properties LLC, Peter Rosasco representing Seaward Properties LLC, Bart Smith representing Rockland Operations, and Brian Schmitt addressed the Board as public speakers. Commissioner Carruthers moved approval for Q.2, seconded by Commissioner Murphy. Motion unanimously approved. RESOLUTION #323 -2016 IS INCORPORATED HEREIN BY REFERENCE 12/14/2016 Page 17 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 Item Q.3 Approval of a 6 -month Land lease agreement between Habitat for Humanity and Monroe County with an optional 6 -month extension on the property located at 30320 Overseas Hwy, Big Pine Key, FL 33043. This item was added to the BOCC 12/14/16 meeting agenda the day of the meeting as Add - On Item Q -3. Kevin Wilson, Assistant County Administrator, set the stage. Bill Hunter addressed the Board as a public speaker. Bob Shillinger, County Attorney, read the language drafted in the lease to the Commission striking paragraph 4 in its entirety regarding extension period. After discussion, motion to read as follows: 6 months lease starting on the day of January 19 to run for 6 months. Habitat for Humanity can keep their things on the property but not in the building. No discussion in the lease of possible extensions. Commissioner Murphy moved for approval, seconded by Commissioner Kolhage. Motion unanimously approved. 12/14/2016 Page 18 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 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 12/14/2016 Page 19