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11/22/2016 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Regular Meeting Board of County Commissioners Tuesday, November 22, 2016 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. at the Historic Truman School. 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. Item A PRESENTATION TO MAYOR CARRUTHER Item B COMMENTS FROM COMMISSIONERS CALL TO ORDER OF 2016 -17 BOARD OF COUNTY COMMISSIONERS COMMISSION ORGANIZATION Item C.1 Oath of Office of District One. Item C.2 Oath of Office of District Three. Item C.3 Oath of Office of District Five. District 1 Commissioner Danny Kolhage, District 3 Commissioner Heather Carruthers and District 5 Commissioner Syliva Murphy were sworn into office by the Honorable Wm. Reagan Ptomey, Jr., recently retired Circuit Court Judge. Item CA Approval of a Resolution electing the Mayor and Mayor Pro Tem for the Board of County Commissioners. Mayor Carruthers called for nominations for Mayor and Mayor Pro Tem for the 2016 -2017 Board of County Commissioners. Commissioner Murphy nominated Commissioner George Neugent for Mayor. Commissioner Rice seconded the nomination which was approved unanimously without objection. Commissioner Murphy then nominated David Rice as Mayor Pro Tem. Commissioner Kolhage seconded the nomination which was approved unanimously without objection. The Clerk then read C -5 resolution in the record and the resolution was moved for approval by Commissioner Carruthers, seconded by Commissioner Murphy and approved unanimously without objection. Following approval of the C5 resolution, it was noted by Commissioner Kolhage the prior C4 resolution had not been moved and approved for the 11/22/2016 Pagel MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 record. The C5 motion was then amended to also include approval of the prior C -4 resolution approving the selection of the Mayor and the Mayor Pro Tem. RESULT: APPROVED [UNANIMOUS] Agenda Item C4 Resolution 279 -2016 MOVER: Heather Carruthers, Commissioner District 3 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice RESOLUTION #279 -2016 IS INCORPORATED HEREIN BY REFERENCE Item C.5 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 necessary obligations. A motion to approve was made by Commissioner Carruthers and seconded by Commissioner Murphy. The motion was approved unanimously without objection. Following discussion, in that only nominations were made on the record for selection of the Mayor and Mayor Pro Tem, and not approval of the C -4 resolution, the C5 motion was then amended to also include approval of the C -4 resolution approving the selection of the Mayor and the Mayor Pro Tem. RESULT: APPROVED [UNANIMOUS] Agenda Item C5 Resolution 280 -2016 MOVER: Heather Carruthers, Commissioner District 3 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice RESOLUTION #280 -2016 IS INCORPORATED HEREIN BY REFERENCE ADDITIONS, CORRECTION, DELETIONS Item D.1 Approval of agenda. A copy of the approved changes is attached at the end of these minutes for reference. Lindsey Ballard, Aide to the County Administrator, read day of meeting Additions, Corrections, and Deletions: Walk On/Add -On Items V -2 Project Management: Green Tech; Revised Backup for F -52: Revised Backup S -14; and items N -1 and T -4 deleted. A motion was made by Commissioner Kolhage to approve the agenda. The motion was seconded by Commissioner Murphy. Motion approved unanimously without objection. 11/22/2016 Page 2 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 RESULT: ADOPTED [UNANIMOUS] Agenda Item D.l MOVER: Danny Kolhage, Commissioner District 1 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice PRESENTATION OF AWARDS Item E. No items submitted. BULK APPROVALS Prior to reading of the Bulk, Commissioner Kolhage recognized and thanked the many individuals responsible for the Stock Island Clean -Up to include the "I Love Stock Island" organization; MCSO staff, specifically Dep. David Lariz; Monroe County Public Works Department; Solid Waste Management Department and many others. Commissioner Rice addressed the audience regarding the Rules of Bulk Approval's items. Motion was made by Commissioner Rice and seconded by Commissioner Carruthers granting approval of the following bulk items (F.2 through V.2). Motion passed unanimously. Item F.2 Board granted approval to exercise the first option to renew the contract with Air Mechanical & Service Corp. for central air conditioning maintenance and repairs at Middle Keys facilities. Labor costs increase for regular hourly rates of mechanic from $78.00 to $78.55 and mechanic plus helper from $110.00 to $110.77. Increase overtime hourly rates of mechanic from $110.00 to $110.77 and mechanic plus helper from $160.00 to $161.12. Item F.3 Board granted Award and Approval of contract with Maverick United Elevator, LLC for Complete Elevator Maintenance and waiver of irregularity contained in Maverick's proposal. Contract amount to be about $77,000.00 figured on the hourly rates given by Maverick United Elevator, LLC. Item F.4 Board granted approval to award bid and execute contract with Charley Toppino & Sons, Inc. (Toppino's) for Drainage Improvements Phase 2 & 3 at the Key West International Airport in the amount of $1,655,580.85 (Base Bid West Pumped Injection Well at $901,492.10, Additive Bid 4 1 East Pumped Injection Well at $539,886.25 and Additive Bid 43 West Exfiltration Trench at $214,102.50) to be funded by FAA Grant 437 -53 (90 %), FDOT Grant# GOE45 (5 %), and Passenger Facility Charge(PFC) Application 415 (5 %). Item F.5 Board granted ratification and approval of State of Florida Department of Transportation Joint Participation Agreement Number GOE41 providing funding of $60,000.00 for Marathon Master Plan (Phase 1) at the Florida Keys Marathon International Airport, to be funded 80% FDOT and 20% Marathon Airport operating funds. 11/22/2016 Page 3 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Item F.6 Board granted approval of a Memorandum of Understanding between the BOCC, the Monroe County Sheriffs Office and the Department of Juvenile Justice for the MCSO to occupy and use certain DJJ office space on the First Floor of the Monroe County Juvenile Detention Center located at 5503 College Road Key West, Florida 33040. Item F.7 Board granted approval of Amendment 1 to task order with CDM Smith, Inc., for engineering design and permitting services for the Key Largo II Roadway and Drainage Improvements project. This amendment adds $4,000.00 to the outside professionals surveying task. Item F.8 Board granted ratification and approval of State of Florida Department of Transportation Joint Participation Agreement Number GOE44 providing funding of $70,000.00 for Marathon Airport Environmental Assessment at the Florida Keys Marathon International Airport, to be funded 80% FDOT and 20% Marathon Airport operating funds. Item F.9 Board granted ratification and approval of State of Florida Department of Transportation Joint Participation Agreement Number GOE45 providing funding of $105,000.00 for drainage Improvements Phase 2 & 3 at the Key West International Airport, to be funded 50% FDOT and 50% Passenger Facility Charge (PFC 415). Item F.10 Board granted approval of Jacobs Project Management Co.' s Task Order No. 12/14 -66 for the Services Authorized: Drainage Improvements Phase 2 & 3 Construction Support and RPR Services PSO466 in the amount of $349,305.00 to be funded by FAA Grant 4037 -53 (90 %), FDOT Grant#GOE45 (5 %), and Passenger Facility Charge 415 (5 %). Item F.11 Board granted approval of Jacobs Project Management Co.' s Task Order No. 12/14-67 for the Services Authorized: Marathon Master Plan Update PSO467 in the amount of $709,205.00 to be funded by FAA Grant 4044 -35 (90 %), FDOT Grant#GOE41 (5 %), and Marathon Operating Fund 403 (5 %). Item F.12 Board granted approval of Jacobs Project Management Co.' s Task Order No. 12/14 -68 for the Services Authorized: Marathon Environmental Assessment PSO4 68 in the amount of $560,659.00 to be funded by FAA Grant4044- 35(90%), FDOT Grant 4GOE44 (5 %), and Marathon Airport operating funds(5 %). Item F.13 Board granted approval of Task Order 2012 -002R2 time extension with CDM Smith, Inc., for professional services at The Florida Keys Marathon International Airport, to be completed 100% on or before December 31,2016. Task order 2012 - 002R2 describes the Scope of Services, Time Schedule, charges and payment conditions for the Marathon Airport Terminal Sewer Laterals - Construction Administration Services (the "Project "). 11/22/2016 Page 4 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Item F.14 Board granted approval of FYI agreement with Keys to Be the Change, Inc., for substance abuse treatment and prevention programs funded by the Clerk's Drug Abuse Trust Fund, per the Substance Abuse Policy Advisory Board recommendations. Item F.15 Board granted approval to award bid and execute contract with ABC Construction, Inc. for Strengthen/Rehabilitate Commercial Apron at Key West International Airport in the amount of $9,250,000.00($9,100,000 base bid and $150,000 for Bid Additive 41) to be funded by FAA Grant 437 -53 (90 %), FDOT Grant#GOE46 (5 %), and Passenger Facility Charge(PFC) Application 415 (5 %). Item F.18 Board granted approval to negotiate fees pursuant to the Consultants Competitive Negotiation Act with the top ranked respondents to the Request for Qualifications for Airport Consultant Services for Monroe County Florida. The top ranked consultants include: Jacobs Engineering Group, Inc. & McFarland Johnson, Inc. (Two (2) General Consultants: Architectural/Engineering Services and Aviation Planning Services, respectively), Ricondo & Associates, Inc. & Newton & Associates, Inc. (Two (2) Financial Consultants: Passenger Facility Charge /Miscellaneous Financial Services and Airport Rates & Charges /Miscellaneous Financial Services, respectively), and Sixel Consulting Group, Inc. (One (1) Air Service Development Consultant: Air Service Development Services), for both Monroe County Airports. Item F.19 Board granted approval for the Library to close on Christmas Eve, Saturday, December 24, 2016, and New Year's Eve, Saturday, December 31, 2016. Item F.21 Board granted approval to award proposal and enter into a Contract between the Monroe County Board of County Commissioners, The Board of Governors Fire and Ambulance District 1 of Monroe County, Florida, and Bound Tree Medical LLC furnishing specified medical supplies and pharmaceuticals at set contract pricing, and provisional pricing on non - specified items reflected as a 25% discounted percentage rate off list, and approval for Fire Chief to sign all documents as needed to complete the transaction. Item F.22 Board granted approval of Lease Extension Modification No. 3 and rental rates in the Lease Agreement with the State of Florida Department of Juvenile Justice for office space on the second floor of the Department of Juvenile Justice Building on Stock Island. Item F.23 Board granted ratification and approval of a Commercial Airline Application from United Airlines to operate scheduled Air Carrier Service to /from the commercial air carrier terminal at the Key West International Airport (EYW). 11/22/2016 Page 5 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Item F.24 Board granted approval of a license agreement with the Rotary Club Of Key Largo to hold The Brew On The Bay Craft Beer Festival at Rowell's Marina on January 7, 2017. The County will receive 5% of the cumulative gross revenue for the event. Item F.25 Board granted approval to advertise for bids for an Emergency Alert System at the Key West International Airport, funded 100% by FAA approved Passenger Facility Charge Application 416. Item F.26 Board granted approval of a Task Order in the amount of $107,857.93 with HDR Engineering, Inc. for development of the Design/Build Request for Proposal (RFP) documents and Procurement Process support for the Card Sound Toll Authority All Electronic Tolling (AET) system upgrade. This task order is being awarded under the On -Call contract for Professional Services. Item F.27 Board granted approval to extend Grant Agreement OOD41115 and include a new award funding of $59,050 to be added to the $39,512.00 for a total of $98,562 awarded by the Environmental Protection Agency (EPA) in support of Florida Keys Water Watch, an environmental education program for canals, of which $58,330.00 was offered as in -kind personnel services from the OF IFAS Extension Service, and of which $40,232 is awarded in cash to the County. EPA Grant award 4 OOD41115. Item F.28 Board granted approval of a General Fund Transfer for the Sheriff to transfer funds for FY 16 between functional distributions in accordance with F.S. chapter 30.49(2)(a). Item F.29 Board granted approval of 4th Amendment with Government Services Group, (GSG) to extend the contract for solid waste special assessment support services for an additional 5 years. Item F.30 Board granted approval of Amendment 4001 to Community Care for the Elderly (CCE) Contract KC -1671 between the Alliance for Aging, Inc., and Monroe County Board of County Commissioners /Monroe County Social Services /In- Home Services to replace the referral protocol, beginning on 12/01/2016 for the contract year 2016 -2017 resulting in no fiscal changes to the contract. Item F.31 Board granted approval of Amendment 4002 to Community Care for the Elderly (CCE) Contract KC -1671 between the Alliance for Aging, Inc., and Monroe County Board of County Commissioners /Monroe County Social Services /In- Home Services to add pest control services and reallocate funding to support these services for the contract year 2016 -2017 resulting in no fiscal changes to the contract. 11/22/2016 Page 6 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Item F.32 Board granted Issuance (renewal) of a Class A Certificate of Public Convenience and Necessity (COPCN) to City of Key West Fire Department (KWFD) for the operation of an ALS transport ambulance service for the period December 10, 2016 through December 9, 2018. Item F.33 Board granted approval of a Resolution to update and revise the membership of the Monroe County Substance Abuse Policy Advisory Board ( SAPAB) and authorize the SAPAB to also serve as the County's Planning Council for The Florida Department of Children and Families Office of Criminal Justice, Mental Health and Substance Abuse (CJMHSA) purposes. RESOLUTION #284 -2016 IS INCORPORATED HEREIN BY REFERENCE Item F.34 Board granted approval of Amendment 40002 to Community Care for Disabled Adults (CCDA) Contract # KG -070 between the Florida Department of Children and Families (DCF) and Monroe County Board of County Commissioners (BOCC) /Monroe County Social Services /In -Home Services to revise pricing terms for the contract year FYI resulting in no financial increase to the contract. Item F.35 Board granted approval of Amendment No. 3 to the existing contract with Buccaneer Courier to add one (1) additional stop at the request of the Public Works Department. Item F.36 Board granted approval to piggyback the City of Key West Uniform Services Agreement and execute a contract for Uniform Services with Aramark Corporation for Public Works /Engineering Division, Monroe County. Item F.37 Board granted approval of Second Renewal Amendment Agreement with Stockton Maintenance Group, Inc. (SMG) for janitorial services at the Big Pine Key Library at $632.36 per month extending the term to November 30, 2017. Item F.38 Board granted approval of Second Renewal, Third Amendment Agreement with Stockton Maintenance Group, Inc. (SMG) for janitorial services in Marathon to extend the term to November 30, 2017. 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 totaling $6,163.34/mo. Item F.39 Board granted approval of a $41,907.52 Reimbursable Agreement With The FAA to fund a study to relocate the "NDB" tower at Higgs Beach. Item F.40 Board granted approval of Second Renewal Amendment Agreement with Stockton Maintenance Group, Inc. (SMG) for janitorial services at the Key Largo Library to extend the term to November 30, 2017. 11/22/2016 Page 7 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Item F.41 Board granted approval of Second Renewal Amendment Agreement with Stockton Maintenance Group, Inc. (SMG) for janitorial services at the Islamorada Library which extends the term to November 30, 2017. The contract amount is adjusted .7% for janitorial services from $861.52 per month to $867.55 per month. Item F.44 Board granted approval to execute easement to FKAA at Veterans Park and Pigeon Key for Onsite Wastewater Treatment Systems. Item F.46 Board granted approval of a Task Order for Amec Foster Wheeler to provide a Facility Assessment Report for the Harvey Government Center, funded in the one -cent infrastructure fund. A full Facility Condition Assessment (FCA) may cost up to $106,463.00. Item F.47 Board approved receipt of monthly report on change orders reviewed by the County Administrator's office. Item F.48 Board granted approval of a resolution by the Monroe County Board of County Commissioners to conduct a Solar Energy Feasibility Study for the Marathon Library Design. RESOLUTION #285 -2016 IS INCORPORATED HEREIN BY REFERENCE Item F.49 Board granted approval of 2nd Amendment to Agreement between Tranquility Bay Adult Day Care and Monroe County Social Services to increase the "not to exceed amount" from $50,000 to $85,000 for the contract period ending 06/30/2017. Item F.50 Board granted acceptance of the Monroe County Cultural Resource Assessment Update report as reference material to be utilized by County staff. Item F.51 Board granted approval of 4th Amendment to Agreement between Care in the Keys, Inc., and Monroe County Board of County Commissioner /Monroe County Social Services for the renewal of the cost reimbursement agreement for a one (1) year period beginning 01/01/2017, and ending 12/31/2017. Item F.52 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 #286 -2016 transfer of funds for Fund 101 Resolution #287 -2016 transfer of funds for Various Fund FY 16 Resolution #288 -2016 transfer of funds for Fund 304 Resolution #289 -2016 receipt of unanticipated funds for Fund 125 Resolution #290 -2016 transfer of funds for Fund 314 11/22/2016 Page 8 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Resolution #291 -2016 receipt of unanticipated funds for Fund 125 Resolution #292 -2016 transfer of funds for Fund 403 &406 Resolution #293 -2016 receipt of unanticipated funds for Fund 406 Resolution #294 -2016 receipt of unanticipated funds for Fund 406 Resolution #295 -2016 receipt of unanticipated funds for Fund 406 Resolution #296 -2016 receipt of unanticipated funds for Fund 406 Resolution #297 -2016 receipt of unanticipated funds for Fund 403 Resolution #298 -2016 receipt of unanticipated funds for Fund 403 Resolution #299 -2016 transfer of funds for Fund 403 & 406 Resolution #300 -2016 receipt of unanticipated funds for Fund 158 Resolution #301 -2016 receipt of unanticipated funds for Fund 158 Resolution #302 -2016 receipt of unanticipated funds for Fund 001 Resolution #303 -2016 receipt of unanticipated funds for Fund 158 Resolution #304 -2016 receipt of unanticipated funds for Fund 158 Resolution #305 -2016 receipt of unanticipated funds for Fund 125 Resolution #306 -2016 receipt of unanticipated funds for Fund 207 Resolution #307 -2016 transfer of funds for Fund 001 Resolution #308 -2016 transfer of funds for Fund 158 Resolution #309 -2016 transfer of funds for Fund 158 Resolution #310 -2016 transfer of funds for Fund 158 Resolution #311 -2016 transfer of funds for Fund 158 Resolution #312 -2016 transfer of funds for Fund 160 Item G.3 Board granted approval of Amendment to Agreement with Dolphin Research Center, Inc. For the DRC Public Signage project to extend the completion date of the project to March 31, 2017. Item GA Board granted 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. Item G.5 Board granted approval of an Amendment to Agreement with Lower Keys Chamber of Commerce to provide Visitor Information Services (VIS) to amend scope of services. Item G.6 Board granted approval of an Amendment to Agreement with Islamorada Chamber of Commerce to provide Visitor Information Services (VIS) to amend scope of services. MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Item G.8 Board granted approval of an Amendment to Agreement with Greater Key West Chamber of Commerce to provide Visitor Information Services (VIS) to amend scope of services. Item G.9 Board granted approval of an Amendment to Agreement with Key Largo Chamber of Commerce to provide Visitor Information Services (VIS) to amend scope of services. Item G.10 Board granted approval of an Amendment to Agreement with Greater Marathon Chamber of Commerce to provide Visitor Information Services (VIS) to amend scope of services. Item M.1 Board granted approval to advertise a Request for Qualifications for Transportation Planning Services. ItemM.3 Board granted approval of a third amendment to the URS Southern Corporation Continuing Contract for Transportation Planning Services extending the contract for 2.5 months to allow for completion of the US Time Travel and Delay Study. All terms and conditions of the original contract, including payment conditions, remain unchanged. The time extension will extend the current contract to June 1, 2017. Item MA Board granted approval of Work Order 418 in the amount of $50,000 under the URS Transportation Planning Continuing Services contract. Contract funded at 87.5% ($43,750) through a Joint Participation Agreement (JPA) from the Florida Department of Transportation. The county's share for this work order is $6,250. Item M.7 Board granted approval of Work Order 419 to complete the 2017 US 1 Arterial Travel Time and Delay Study (TTDS), in the amount of $61,994.44, pursuant to the URS Transportation Planning Continuing Services contract which is funded through a Joint Participation Agreement (JPA) from the Florida Department of Transportation. Item O.1 Board granted approval of an interlocal agreement (ILA) by and between Monroe County and Florida Keys Aqueduct Authority, regarding payment for providing connection points for residential properties in County - funded central wastewater systems whose connections were not included in the systems' initial design or construction. Item P.1 Board approved request for expenditure from the Law Enforcement Trust Fund in the amount of $500.00, for the Florida Keys Health Start Coalition. Item Q.1 Board granted approval for the reappointment of Nance Frank to the Art in Public Places Committee with said appointment date to expire, November 2020. 11/22/2016 Page 10 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Item Q.2 Board granted approval for the reappointment of Kurt Lewin to the Affordable Housing Advisory Committee with said appointment date to expire, November 2019. Item Q.3 Board granted approval for the reappointment of Capt. Lynda Schuh to the Marine & Port Advisory Committee with said appointment date to expire November 2019. Item Q.4 Board granted approval for the reappointment of Tim Root to the Affordable Housing Advisory Committee with said appointment date to expire, November 2019. Item Q.5 Board granted approval for the reappointment of Michael Ingram to the Human Services Advisory Board with said appointment date to expire, November 2018. Item Q.6 Board granted approval for the reappointment of Denise Werling to the Monroe County Planning Commission Board. The term for this appointment expires between the November 2019 election and February 2020. Item Q.7 Board granted approval to reappoint Gina Boilini to the Monroe County Shared Asset Forfeiture Fund Advisory Board, term to expire on November 22, 2018. Item Q.8 Board granted approval of the reappointment of Warren Leamard to the Monroe County Affordable Housing Advisory Committee (AHAC). Item Q.9 Board granted approval of the reappointment of Steve Torrence to the Monroe County Human Services Advisory Board (HSAB). Item R.1 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 R.2 Board granted official approval of a request for the Clerk to reallocate the approval FY16 Clerk's Budget for financial statements purposes as well as transparency of how the funds were actually spent. Item R.3 Board granted approval of Tourist Development Council expenses for the month of September 2016. Item R.4 Board granted approval of BOCC Warrants (including Payroll) for the Month of Sept 2016. Item R.5 Board granted official Approval of September 6, 2016 Special BOCC Meeting Minutes (County Health Care Plan). Item R.6 Board granted official Approval of September 6, 2016 Special BOCC Meeting Minutes (Budget). 11/22/2016 Page11 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Item R.7 Board granted official Approval of September 8, 2016 Special BOCC Meeting Minutes (Budget). Item R.8 Board granted official Approval of September 12, 2016 Final Budget BOCC Meeting Minutes. Item R.9 Board granted official Approval of September 19, 2016 Special BOCC Meeting Minutes (Health Insurance Plan). Item S.2 Board granted approval of Grant Agreement S -0939 from the Florida Department of Environmental Protection (FDEP) for $50,000 of funding towards the cost of installation of an air curtain on Canal 4290 on Big Pine Key, one of the original canal demonstration projects that previously received an organic muck removal restoration. Item S.3 Board granted approval to enter into a $0 Access Agreement with Antonio Acosta for a long term grant of easement and right of entry for use of his lot, parcel ID 484200, to place the equipment for the air curtain for the C83 canal water quality improvement demonstration project for organic muck removal, backfilling and air curtain installation in Key Largo. Access is being provided at no cost to the County. Item S.4 Board granted approval of the reappointment of Capt. Bill Kelly of the Florida Keys Commercial Fisherman's Association (FKCFA) to the Marine & Port Advisory Committee with term to expire November 1, 2020. Item S.9 Board granted approval to negotiate an on -call contract with Amec Foster Wheeler, Inc., the highest ranked respondent, for canal masterplan program planning services. Item S.12 Board granted approval of Second Amendment extending Professional Services Agreement with Van Scoyoc Associates, Inc. For federal lobbying services for one year, retroactive to October 1, 2016. Item S.13 Board granted approval of a grant application to DEP as part of the Coastal Partnership Initiative to conduct a vulnerability assessment of the Gulf Seafood property, requesting $14,450 in grant funds and offering $25,450 in match funds, approval to be retroactive to the grant submittal date of October 31, 2016. Item S.15 Board granted ratification of four small contracts; Zoom Video in the amount of $3,496.00, Sands of the Keys in the amount of $7,460.28, Xerox in the amount of $17,354.04 and Canon Financial Services in the amount of $4,000.00 signed by the County Administrator. 11/22/2016 Page 12 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Item T.2 Board granted approval to advertise a public hearing to consider adoption of a proposed ordinance making it a civil infraction for adults to possess five grams or less of marijuana and related drug paraphernalia to be held on December 14, 2016 in Key Largo, FL at 3:00 p.m. or as soon thereafter as may be heard. Item T.5 Board granted authorization to initiate litigation against Karen Zimmerman and the property located at 1108 Grand St., Key Largo, Florida, to seek compliance with the County code and enforce a lien arising from Code Compliance case number CE15040064. Item T.6 Board granted authorization to initiate litigation against 107 Marina LLC as Trustee for Trust Number 107 and the property located at 107 Marina Ave., Key Largo, Florida, to seek compliance with the County code and enforce a lien arising from Code Compliance case number CE15050007. Item T.9 Board granted approval of fourth amendment to agreement with Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A., to increase attorney and paralegal rates and add public records wording required by statute. Item V.1 Board granted 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. RESOLUTION #281 -2016 IS INCORPORATED HEREIN BY REFERENCE Item V.2 Board granted approval of a change order with Greentech Group Solutions, LLC for the Key Largo Park Residence Spalling and Deck Repair Project in the amount of $25,607.16. This is funded by the once -cent infrastructure tax. NON -BULK ITEMS Item F.1 Approval of a contract with EAC Consulting, Inc. in the amount of $353.916.24 for engineering design and permitting services for the Stock Island II Roadway Improvement Project. Judith Clarke, Director of Engineering, addressed the Commission's concerns. Mimi Stafford addressed the Board as a public speaker. After discussion, Commissioner Kolhage moved the item for approval, seconded by Commissioner Murphy. Motion approved unanimously. 11/22/2016 Page 13 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Item F.17 Approval of Resolution authorizing the write -off of 92 accounts receivable covering the time period of 2013 through August 2016 totaling $695,317.54 for Monroe County residents who qualified for the Trauma Star Air Ambulance Waiver Program. RESOLUTION #283 -2016 IS INCORPORATED HEREIN BY REFERENCE Agenda Item F16 & F17 were taken together. Chief Callahan addressed the Commission to answer Commissioner Carruthers's question. After discussion, Commissioner Carruthers moved the items for approval, seconded by Commissioner Murphy. Motion approved unanimously. Item F.20 Approval of Addendum to the Amended and Restated Contract between Florida Keys Society of Prevention of Cruelty to Animals, Inc. (FKSPCA) and Monroe County providing funding for the Construction of the New Animal Control Shelter in Key West. Mayor Neugent publicly applaud the FKSPCA on their open house ribbon cutting /breaking ground for the property on the 30th......... Mayor Neugent moved item for approval, seconded by Commissioner Carruthers. Motion approved unanimously. Item F.42 Approval of an amendment to the agreement with Guidance /Care Center to revise Attachment D to include the KH225 contract between Florida Department of Children and Families and South Florida Behavioral Health Network and subsequent amendments to KH225 contract. Commissioner Murphy moved the item for approval, seconded by Commissioner Kolhage. Voting Conflict with Commissioner Rice A Roll-Call was taken by the Clerk with the following results: Commissioner Carruthers Commissioner Kolhage Commissioner Murphy Commissioner Rice Mayor Neugent Motion Carried. Yes Yes Yes Abstain, Voting Conflict Yes 11/22/2016 Page 14 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Item F.43 Approval of an agreement with Guidance /Care Center for the "Women's Jail In- House Program" (WJIP) for October 1, 2016 through September 30, 2017 (FY2017) and ratification of the Substance Abuse Policy Advisory Board (SAPAB) recommendation to fund FDLE Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Commissioner Murphy moved item for approval, seconded by Commissioner Kolhage. Voting Conflict with Commissioner Rice A Roll-Call was taken by the Clerk with the following results: Commissioner Carruthers Commissioner Kolhage Commissioner Murphy Commissioner Rice Mayor Neugent Motion Carried. Yes Yes Yes Abstain, Voting Conflict yes Item F.45 Approval of an agreement with Guidance /Care Center for the "Assisted Living Prevents Recidivism" (Heron) program for October 1, 2016 through September 30, 2017 (FY2017) and ratification of the Substance Abuse Policy Advisory Board (SAPAB) recommendation to fund FDLE Edward Byrne Memorial Justice Assistance Grant (JAG) Program. This Item was deleted from the revised agenda. RESULT: WITHDRAWN TOURIST DEVELOPMENT COUNCIL Item G.1 Approval of an Amendment to Agreement with Historic Florida Keys Foundation, Inc. For the Oldest House Roofing, Structural Repair and Plumbing Upgrade Project to extend the completion date of the project to March 31, 2017 Item was held from approval with Bulk Approvals by Commissioner Rice, along with Item G -2, to place a conflict on record. A motion was made by Commissioner Carruthers for approval of both Items G1 and G2 and seconded by Commissioner Murphy. Item G.2 Approval of an Amendment to Agreement with Historic Florida Keys Foundation, Inc. For the Oldest House Replace /Repair Foundation and Supports Project to extend the completion date of the project to March 31, 2017 Item was held from approval with Bulk Approvals by Commissioner Rice, along with Item G -1, to place a conflict on record. A motion was made by Commissioner Carruthers for approval of both Items G1 and G2 and seconded by Commissioner Murphy. A roll call vote 11/22/2016 Page 15 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 was taken by the Clerk and the motion was approved 4 -0, with Mayor Pro Tem David Rice abstaining. A Roll-Call was taken by the Clerk with the following results for both Agenda Items G1 & G2: Commissioner Carruthers Commissioner Kolhage Commissioner Murphy Commissioner Rice Mayor Neugent Motion Carried. Yes Yes Yes Abstain, Voting Conflict Yes Item G.11 Approval on one "At Large" appointment to the Tourist Development Council District II Advisory Committee A motion was made by Commissioner Kolhage appointing Steve Estes to the Tourist Development Council District II Advisory Committee. The motion was seconded by Commissioner Carruthers and approved unanimously with no objection. STAFF AND ADVISORY COMMITTEE REPORTS Christine Hurley, Assistant County Administrator, reported a few things to the Board. We received a plague from FEMA for our participation in the community rating system. Ms. Hurley also spoke about the progresses of their working group that was put together and also tough on the staff and attorneys efforts in collections. Following Christine Hurley staff's report, there was a discussion about the Pigeon Key Project. Kevin Wilson; Assistant County Administrator, Roman Gastesi; County Administrator, and Bob Shillinger; County Attorney addressed the Board regarding Mayor Neugent's question. 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 Present and answering to the Roll Call was Commissioner Danny Kolhage, Commissioner /Chairman George Neugent, and Commissioner David Rice. Item J.1 Approval of Resolution authorizing the write -off of 341 Fire Rescue ground ambulance accounts receivable for CY 2012, totaling $211,977.27 from the Fire and Ambulance District 1 L &M Key Fund. 11/22/2016 Page 16 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 RESULT: APPROVED [UNANIMOUS] Agenda Item J.1 Resolution #314 -2016 MOVER: David Rice, Mayor Pro Tem/Commissioner District 4 SECONDER: Danny Kolhage, Commissioner District 1 AYES: Neugent, Kolhage, Rice ABSENT: Anderson, Scott, Snow RESOLUTION #314 -2016 IS INCORPORATE HEREIN BY REFERENCE Item J.2 Approval to award proposal and enter into a Contract between the Monroe County Board of County Commissioners, The Board of Governors Fire and Ambulance District 1 of Monroe County, Florida, and Bound Tree Medical LLC furnishing specified medical supplies and pharmaceuticals at set contract pricing, and provisional pricing on non - specified items reflected as a 25% discounted percentage rate off list, and approval for Fire Chief to sign all documents as needed to complete the transaction. RESULT: APPROVED [UNANIMOUS] Agenda Item J.2 MOVER: David Rice, Mayor Pro Tem/Commissioner District 4 SECONDER: Danny Kolhage, Commissioner District 1 AYES: Neugent, Kolhage, Rice ABSENT: Anderson, Scott, Snow THE LOWER & MIDDLE KEYS FIRE & AMBULANCE DISTRICT BOARD OF GOVERNORS ADJOURNED AND THE BOARD OF COUNTY COMMISSIONERS RECONVENED ENGINEERING Item K. 1 Appeal by AT &T of a denial of a right of way permit to install two 35 -ft high poles to support antennas on the county right of way on Big Pine Key. (Quasi - judicial) County Attorney Bob Shlllinger noted this was a quasi - judicial proceeding and no disclosures of ex parte communication were placed on the record by any of the commissioners. Judith Clarke, Director of Engineering, provided a background of the appeal to the Board. Kathy Kelly, of Kelly Communication Services and representing AT &T, then addressed the Board and advised attempts were made to co- locate the services and that 29 poles were already in the ground. She also stressed these 2 additional poles were critical and without them the project would not work. Commissioner Murphy made a motion to accept the appeal as written which was seconded by Commissioner Rice. Discussion followed with Commissioner Kolhage suggesting this item go back to staff for review to pursue all available options and AT &T could pursue further negotiations with Keys 11/22/2016 Page 17 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Energy Services or identify other options to move this project forward. Commissioner Carruthers agreed with Commissioner Kolhage's recommendation. Christine Limbert, Assistant County Attorney, responded to the Commissioners' inquiries. Following discussion, a roll call vote was taken on the motion to approve on the floor. A Roll-Call was taken by the Clerk with the following results: Commissioner Carruthers No Commissioner Kolhage No Commissioner Murphy Yes Commissioner Rice Yes Mayor Neugent Yes Motion Carried. PROJECT MANAGEMENT Item L.1 Discussion and direction for the Cudjoe Key fire station based on the recommended plan including cost implications. Chief Callahan addressed the Board to provide an update on the efforts to move forward with the Cudjoe Key Fire Station explaining that issues regarding finances /costs had arose and providing three options to the Board for discussion and to obtain their direction, noting the Staff Recommendation is Option 41. Following discussion, a motion was made by Commissioner Carruthers to approve Option 42 minus the medical clinic and community room. The motion was seconded by Commissioner Murphy. RESULT: APPROVED [UNANIMOUS] Agenda Item L.l MOVER: Heather Carruthers, Commissioner District 3 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice PLANNING AND ENVIRONMENTAL, BUILDING AND CODE COMPLIANCE DEPARTMENTS Item M.2 Selection of a firm to provide a Detailed Feasibility Study for a Mooring Field at Boca Chica Basin, and approval to negotiate a contract. Rich Jones, Senior Administrator of Marine Resources, provided the Board with an update on the efforts, to date, regarding a Mooring Field at Boca Chica Basin, followed by public speaker Robert Haverty. A motion was made by Commissioner Kolhage and seconded by Commissioner Murphy to accept staffs recommendation to move forward with negotiating a contract with CSI. The motion was approved unanimously without objection. 11/22/2016 Page 18 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Following approval of the item, Rich Jones updated the Board regarding the recent statewide FWC Meeting and impending legislative efforts in this area. Mayor Neugent publicly recognized Rich Jones for his efforts. RESULT: APPROVED [UNANIMOUS] Agenda Item M2 MOVER: Danny Kolhage, Commissioner District 1 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice Item M.5 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 points) within the Rate of Growth Ordinance/Non- Residential Rate of Growth Ordinance (ROGO/NROGO) allocation systems. This item was held by Commissioner Carruthers to obtain further information from staff. Mayte Santamaria, Senior Director of Planning and Environmental Resources, provided information to the Board as far as the dollar figure. Following discussion, a motion for approval of the resolution was made by Commissioner Carruthers and seconded by Commissioner Murphy. The motion was unanimously approved. RESULT: APPROVED [UNANIMOUS] Agenda Item M.5 Resolution #315 -2016 MOVER: Heather Carruthers, Commissioner District 3 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice RESOLUTION #315 -2016 IS INCORPORATED HEREIN BY REFERENCE Item M.6 Approval of a Stipulated Settlement Agreement between Seashime LLC, Edward Buxton, and Cathy Buxton (collectively Petitioners), and the State of Florida, Department of Economic Opportunity (DEO) and Monroe County, Florida (Monroe County) (collectively, Respondents) to resolve the petition filed by the petitioners challenging the DEO Final Order 16 -130 which approved Monroe County Ordinance 006 -2016 adopting the revised Land Development Code, specifically the petition relates to DEO's approval of the language added by the Ordinance to Section 130 -165 (formerly 130-166) of the Monroe County Land Development Code, which added a condition that in order to aggregate development of two or more parcels, the development must be "located on contiguous parcels of land. This item was held by Commissione Kolhage to confirm with staff if this item was being presented for approval by the BOCC to allow the County's Comp Plan to move forward as 11/22/2016 Page 19 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 approved by the Board. Following discussion, a motion to approve the item was made by Commissioner Kolhage and seconded by Commissioner Murphy. The motion was approved unanimously. RESULT: APPROVED [UNANIMOUS] Agenda Item M.6 MOVER: Danny Kolhage, Commissioner District 1 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice SOLID WASTE Item N.1 Discussion of changes to the Specialty Hauler program At the request of staff, this item was deleted from the agenda the day of the meeting. RESULT: WITHDRAWN COUNTY ADMINISTRATOR Item S.1 County Administrators Report Roman Gastesi, County Administrator, advised a written report was provided. Mr. Gastesi also emphasized what a great job our permitting department is doing. Item S.5 Authorize entering into a contract with Adventure Environmental, Inc. for $1,524,040 for the C83 canal restoration project in Key Largo, which includes muck removal, backfilling, and air curtain installation. This item was held by County Attorney Bob Shillinger to clarify recommendation is for approval of contract with the added condition that code fines are paid on the lot being used for access with fines paid within County Attorney's settlement authority. Steve Williams, Assistant County Attorney, responded to inquiries from the Commission and provided a chronology of events related to this matter. Following discussion, a motion was made by Commissioner Murphy for approval conditioned upon payment of 25% of $7500.00 plus hard cost and everything else as is. The motion was seconded by Commissioner Rice. Following discussion, a roll-call was taken. 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. 11/22/2016 Page 20 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Item S.6 Approval of Amendment No. 13 to the contract for Engineering, Design and Permitting Services of the Demonstration Projects, with AMEC Foster Wheeler Environment and Infrastructure, Inc. to provide Construction Engineering, Environmental Inspections And Construction Administration Services in the amount of $88,612, related to Canal 483 muck removal, backfilling and air curtain project in Key Largo, Monroe County, Florida. This item was held by County Attorney Bob Shillinger, along with Item S5, for purposes of clarifying staff recommendation that approval be conditioned upon payment of outstanding code fines and hard costs. Rhonda Haag, Sustainability Coordinator, addressed the Board to respond to the Board's inquiries. Following discussion, a motion was made by Commissioner Murphy to approve the item conditioned upon payment of outstanding code fines and hard costs. The motion was seconded by Commissioner Rice. 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. Item S.7 Discussion and approval of the Board of County Commissioners monthly meeting dates for 2017. Following discussion, a motion was made by Commissioner Murphy to approve the meeting schedule as follows: January - October Meetings will be held on Wednesday of the 3rd week of the month; November meeting moved to Tuesday, November 14, 2016; and the December meeting moved to December 13, 2016 (2nd week of the month). The motion was seconded by Commissioner Carruthers and approved unanimously. RESULT: APPROVED [UNANIMOUS] Agenda Item S.7 MOVER: Sylvia Murphy, Commissioner District 5 SECONDER: Heather Carruthers, Commissioner District 3 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice Item S.8 Approval of First Amendment to agreement with Anfield Consulting to retroactively extend the termination date of the former agreement through August 17, 2016, for strategic governmental consulting and lobbying services on behalf of Monroe County in the legislative and executive branches of State government. 11/22/2016 Page 21 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Prior to Lisa Tennyson, Legislative Affairs Director, setting the stage for S14, Commissioner Murphy moved item S8 a related item to S14 for approval, seconded by Commissioner Carruthers. 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. Item 5.10 Review and discussion of the draft Final Report of the tidal flooding roads demonstration projects. Erin L. Deady, P.A. provided a presentation of Tidal Flooding Roads Demonstration Projects to the Board. Rhonda Haag, Sustainability Coordinator also addressed the Board, along with Assistant County Administrator Christine Hurley. Following the presentation, Mike Flood, public speaker addressed the Board. No action was taken by the Board on this matter. Item 5.11 Authorize entering into Amendment No. 9 with Erin L. Deady, P.A. to provide a 60 day extension of time and to add $30,740.00 in additional tasks to complete the Pilot Roads Project. This item was held by Commissioner Kolhage. Rhonda Haag, Sustainability Coordinator, addressed the Board to answer Commissioner Kolhage's questions pertaining to the total amount. Following discussion, a motion to approve was made by Commissioner Carruthers, seconded by Commissioner Murphy and approved unanimously. Item 5.14 Approval of new annual agreement with Anfield Consulting, Inc. For lobbying services on behalf of Monroe County in the legislative and executive branches of State government effective December 1, 2016. Lisa Tennyson, Legislative Affairs Director, set the stage. A motion to approve was made by Commissioner Murphy and seconded by Commissioner Carruthers. A Roll-Call was taken by the Clerk with the following results: Commissioner Carruthers Yes Commissioner Kolhage No Commissioner Murphy Yes Commissioner Rice Yes Mayor Neugent Yes Motion Carried. 11/22/2016 Page 22 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 COUNTY ATTORNEY Item T.1 County Attorney Report for November 2016 County Attorney Bob Shillinger advised the Board a written report was provided as part of the agenda backup. Mr. Shilinger advised the Board he had been selected to serve on the Selection Committee who would be selecting a permanent manager for the Gulf Consortium and wanted to ensure the Board was supportive of his participation. Following discussion, the Board offered their support for his participation on the Selection Committee. County Attorney Shillinger also briefed the Board on current legislative efforts regarding media technology which had been attempted in the past The County Attorney also discussed the annual appointment of Commissioners to attend /sit on the various Advisory Boards, Councils and Committees. Commissioner Sylvia Murphy expressed her desire for staff to research each Advisory Board, Council and Committee to determine if attendance, participation by a Commissioner was statutorily required, incorporated by way of by -laws, etc. in an effort to reduce unnecessary travel and attendance at the multitude of various meetings. County Attorney Shillinger advised the Board, staff would research and identify applicable participation requirements for each Council, Board or Committee that are included on the current annual list. Item T.3 Approval of a mediated settlement agreement for Circuit Court case no.: 14 -CA- 415-P, styled Monroe County v. Gilbert L. Sanchez and Dalia Sanchez, regarding real property located at 224 Tarpon Street, Tavernier, Florida. Steve Williams, Assistant County Attorney, addressed the Board recommending acceptance of the settlement agreement. Robert Cintron, Esq., attorney for the defendants, then addressed the Board on behalf of his clients, followed by co- defendant Dalia Sanchez. Following discussion, a motion was made by Commissioner Carruthers to approve the settlement agreement which was seconded by Commissioner Kolhage. 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. 11/22/2016 Page 23 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Item T.4 Approval of Third Amendment to contract, with State of Florida, Division of Administrative Hearings, who sits as Special Magistrate for Code Compliance hearings and other matters, governing provision of video teleconferencing equipment. This item was deleted from the agenda the day of the meeting by Assistant County Administrator Christine Hurley. RESULT: WITHDRAWN Item T.7 Request to hold an Attorney- Client Closed Session in the matter of Monroe County v. Zamindari Investments, Inc., et al., Case No. 14 -CA -165 -M at the December 14, 2016 BOCC meeting in Key Largo at 1:30 p.m. or as soon thereafter as may be heard. Bob Shillinger, County Attorney, read the script into the record requesting a closed session at 1:30 p.m. on December 14, 2017 in Key Largo, FL. A motion was made by Commissioner Rice to approve holding the closed session as requested by staff. The motion was seconded by Commissioner Carruthers and approved unanimously. RESULT: APPROVED [UNANIMOUS] Agenda Item T.7 MOVER: David Rice, Mayor Pro Tem/Commissioner District 4 SECONDER: Heather Carruthers, Commissioner District 3 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice Item T.8 Authorization to initiate litigation against Norman Wartman and the property located at Kawama Condominium Bldg. R Unit 3, Key Largo, and upon any and all other real and /or personal property owned by Norman Wartman, if necessary, to compel compliance with County Ordinances and enforce the lien arising from code compliance case number CE13070079. This item was held by Commissioner Carruthers who expressed her concerns. Steve Williams, Assistant County Attorney, responded to Commissioner Carruther's questions and concerns, as well as those of the other Commissioners. Mimi Stafford, public speaker, then addressed the Board. Following discussion, a motion was made by Commissioner Kolhage to authorize the County Attorney to initiate litigation upon receipt of a decision from the Court on those cases pending appeal. The motion was seconded by Commissioner Carruthers and approved unanimously. RESULT: APPROVED [UNANIMOUS] Agenda Item T.8 MOVER: Danny Kolhage, Commissioner District 1 SECONDER: Heather Carruthers, Commissioner District 3 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice 11/22/2016 Page 24 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 PUBLIC HEARINGS Item U.1 An ordinance by the Monroe County Board of County Commissioners amending the Monroe County Land Use District (Zoning) Map from Suburban Commercial (SC) to Mixed Use (MU), for property located at 28500 & 28540 Overseas Highway, Little Torch Key, Mile Marker 28.5 oceanside, legally described as parcels of land in a part of U.S. Government Lot 6, Section 28, Township 66 South, Range 29 East, Little Torch Key, Monroe County, Florida, having real estate numbers 00113570- 000000, 00113570- 000100, 00113570- 000200, 00113590- 000000 and 00113620- 000000, as proposed by Patrick R. And Diane Colee, Dolphin Marina Associates LTD and Torch Key Properties LTD; ). REQUEST TO CONTINUE TO FEBRUARY 15, 2017 BOCC MEETING. Bob Shillinger, County Attorney, noted staffs recommendation to continue this Public Hearing to the February 15, 2017 BOCC Meeting in Key West, FL. Donna Bosold addressed the Board as a public speaker. A motion was made by Commissioner Kolhage to approve the continuance, seconded by Commissioner Carruthers and approved unanimously. RESULT: TABLED [UNANIMOUS] Agenda Item U.1 Next: 2/15/2017 9:00 AM MOVER: Danny Kolhage, Commissioner District 1 SECONDER: Heather Carruthers, Commissioner District 3 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice Item U.2 An ordinance of the Monroe County Board of County Commissioners amending Section 130 -165 (formerly 130-166) of the Monroe County Land Development Code (LDC) adopted on April 13, 2016 to satisfy a stipulated settlement agreement between Seashine LLC, Edward Buxton, and Cathy Buxton (petitioners), and the State of Florida, Department of Economic Opportunity (DEO) and Monroe County, Florida (Monroe County); providing for severability; providing for the repeal of conflicting provisions; providing for transmittal to the State Land Planning Agency and the Secretary of State; providing for inclusion in the Monroe County Code; providing for an effective date. A motion to approve the ordinance was made by Commissioner Rice, seconded by Commissioner Murphy and approved unanimously. RESULT: APPROVED [UNANIMOUS] Agenda Item U.2 Ordinance #030 -2016 MOVER: David Rice, Mayor Pro Tem/Commissioner District 4 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice ORDINANCE #030 -2016 IS INCORPORATED HEREIN BY REFERENCE 11/22/2016 Page 25 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 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 11/22/2016 Page 26