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01/18/2017 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, January 18, 2017 Marathon, Florida A regular meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. at the Marathon Government Center. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner Danny Kolhage, Commissioner Sylvia Murphy, Commissioner David Rice and Mayor George Neugent. Also present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Kevin Madok, Clerk of Court; Pamela Hancock, Deputy Clerk; county staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS A Following the reading of the Additions, Corrections and Deletions into the record Bob Shillinger, County Attorney, advised the Board that when the original agenda was published and then the revised agenda was published, Item C18 a contract with Aramark Services, dated November 22, 2016, the backup documents got re- sequenced (from Item C18 through Item C34). He advised the Board that, after discussions with the Clerk, it was decided, to be clear, that Item C18 will be the Aramark and contract C19 will be the consulting agreement with Pike from that item forward the agenda will follow that sequence that was originally published down to Item C34, which will be the OMB approval of revised Resolutions for transfer of funds. Mr. Shillinger advised the Board that the items can be adequately tracked. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Murphy granting approval of Additions, Corrections and Deletions to the agenda and the re- sequencing of the backup. Motion carried unanimously. PRESENTATION OF AWARDS BI Presentation of Mayor's Proclamation observing January 22 -28, 2017 as School Choice Week. B2 Presentation Mayor's Proclamation observing the month of January, 2017 as National Mentoring Month and Take Stock in Children. B3 Presentation of Years of Service award for 15 years of service to Paul Wunderlich, Supervisor, Construction Inspector, Engineering Services. B4 Bill Hunter, Chairman of the Affordable Housing Advisory Committee (AHAC) recognized Mayte Santemaria, Senior Director Planning & Environmental, and her staff and presented her with a plaque for their efforts with the AHAC. BULK APPROVALS Motion was made by Commissioner Carruthers and seconded by Mayor Neugent granting approval of the following items by unanimous consent: I I P a g e 0 1 1 8 2 1 7' C2 Board granted approval and authorized execution of a task order with Keith & Schnars, P.A. under the On Call Consulting Contract for design and engineering services associated with the Community Aesthetic Feature - Big Pine Key signs project in the amount of $18,911.92. C3 Board granted approval to ratify the previous approval of agreement with Maverick United Elevator for $77,000.00 for elevator and lift service maintenance that was approved at the November 2016 BOCC meeting, but inadvertently omitted page 15 of the Agreement which is now included along with the complete Certificate of Liability Insurance. C4 Board granted approval and authorized execution of the First Amendment to the Lease Agreement with the City of Key West pertaining to the re- located animal shelter premises to add language to reflect the financial contributions from the City of Key West and Monroe County for the new animal shelter. C5 Board granted approval and authorized execution of Amendment 2 to extend the Professional Services Agreement with Eric Udell for one additional year to provide IT consulting services at the rate of $60 per hour up to and not to exceed an annual amount of $24,000.00. C6 Board granted approval to ratify the previously approved Addendum between Florida Keys Society of Prevention of Cruelty to Animals, Inc. and Monroe County providing funding for the Construction of the New Animal Control Shelter which now includes Exhibit A in its entirety. C7 Board granted approval of the final recommendations made by Evergreen Solutions, LLC, the company retained to analyze the impact of establishing a minimum S15 /hour wage for all county employees including: 1. Salary increases for 21 employees to bring them to $15.05 /hour; 2. Salary increases for 57 employees to account for compression; 3. Establishment of a new pay plan; and 4. Placement of 78 employees into new pay grades; for a total cost of $227,795.84 to be implemented beginning with the 2/5/17 - 2/18/17 pay period. In addition, approval of establishing minimum of 515.00 per hour wage for Firefighters for a total cost of $24,603.91 to be implemented at the beginning of the 2/5/2017 through 2/18/2017 pay period. C9 Board granted approval and authorized execution of the First Amendment with Quantum Health Solutions for a three year renewal at a cost of $74,400. C10 Board granted approval and authorized execution of Amendment No. 2 to Pharmacy Benefit Management Services Agreement with Envision RX to extend agreement to December 31, 2017. C12 Board granted approval to award bid and enter into contract with lowest bidder, Pedro Falcon Electrical Contractors, Inc., for the Stock Island Fire Station HVAC Improvements in the amount of $37,129.00. Scope of the air conditioning improvement is to adjust the existing system due to changes in the buildings' use and actual conditions experienced after occupying the facility. Project is paid for by the One Cent Infrastructure Sales Tax. C13 Board granted approval and authorized execution of a Contract Amendment Number 3 with T.Y. Lin International for the removal of the Higgs Beach Sand Replenishment Services and the addition of Arborist Services regarding approximately 498 trees affected by the Relocation of the Atlantic Boulevard Project. This amendment results in a net decrease of 515,551.00 to the contract and is funded by the one - cent infrastructure tax. 21Pa g e 0 1 1 8 2 17' C14 Board granted approval and authorized execution of First Amendment to the Consultant Agreement for Professional Architectural and Engineering Services with Bender & Associates Architects, P.A. dated January 21, 2015, to add revised public records language. C15 Board granted approval to ratify the Key West Fleet Office emergency purchase of services with Sea Tech of the Florida Keys, Inc. for the reconstruction of the Fleet Office building features affected by the mold remediation. This purchase is funded with $56,050.00 of Ad Valorem tax. C16 Board granted approval and authorized execution of the First Amendment to the Consultant Agreement for Professional Architectural and Engineering Services with Amec Foster Wheeler Environment & Infrastructure, Inc. dated March 18, 2015, to add revised public records language. C17 Board granted approval and authorized execution of the First Amendment to the Consultant Agreement for Professional Architectural and Engineering Services with Currie Sowards Aguila Architects dated January 21, 2015, to add revised public records language. C18 Board granted approval to amend and restate the contract with Aramark Services, Inc. dated November 22, 2016, for Uniform Services for the Public Works /Engineering Division to correct errors subsequently discovered in the Original Agreement and to add a delivery location, add service items (long cargo pant option) with payment amounts, and a Notice Requirement address change. C19 Board granted approval and authorized execution of the First Amendment to the Consultant Agreement for Professional Architectural and Engineering Services with Pike Architects, Inc. dated January 21, 2015, to add revised public records language. C20 Board granted approval to re- advertise a Request for Qualifications for Air Service Development - Airport Consultant Services for the Key West International Airport and The Florida Keys Marathon International Airport. C21 Board granted approval and authorized execution of the Fourth Amendment Agreement with Stockton Maintenance Group Inc. (SMG) for janitorial services at eight (8) facilities in Marathon. This Fourth Amendment is to correct a minor scrivener's error that occurred in paragraph 2 B. of the Second Renewal, Third Amendment Agreement, in which the alphabetic and numeric total payment amount to the contractor per month were inconsistent. C22 Board granted approval to ratify the Nutrition Services Incentive Program (NSIP) Contract US- 1751 between the Alliance for Aging, Inc., and Monroe County Board of County Commissioners, Social Services /In -Home Services for the contract year 2017 (January 1, 2017- December 31, 2017) in the amount of $33,463.01. C23 Board granted approval to advertise a Request for Proposals (RFP) for Hurricane Debris Monitoring and Disaster Related Services. C24 Board granted approval of the monthly report on change orders for December reviewed by the County Administrator /Assistant Administrator. Said report is incorporated herein by reference. C25 Board granted approval to advertise a Request for Proposals (RFP) for Disaster Response and Recovery Services. C26 Board granted approval to advertise a public hearing for the February 15, 2017 BOCC meeting to be held in Key West. The public hearing is to satisfy public input grant application requirements and to 31Pa g e 0 1 1 8 2 17' consider approval of Grant Award FTA Section 5310 - Year 42 (FFY 2017) Capital Assistance Grant for the purpose of purchasing four (4) para- transit vehicles (buses) to serve the transportation needs of the transportation disadvantaged, elderly, and persons with disabilities throughout Monroe County. C27 Board granted approval to apply for a Florida Department of Transportation (FDOT) FTA Section 5310 Program Federal Fiscal Year (42) 2017 Capital Assistance Grant for the purpose of purchasing four (4) para- transit vehicles to serve the transportation needs of the transportation disadvantaged, elderly, and persons with disabilities throughout Monroe County. C28 Board granted approval and authorized execution of State of Florida Department of Transportation Joint Participation Agreement Number G0I22 in the amount of $250,000.00 to conduct planning studies at the Florida Keys Marathon International Airport, to be funded 80% FDOT and 20% Marathon Airport operating funds. C29 Board granted approval and authorized execution of State of Florida Department of Transportation Joint Participation Agreement Number G0I56 in the amount of $650,000.00 to reconstruct Taxiway A and the stub taxiways to and from Runway 9 -27 and the Commercial Apron at the Key West International Airport, to be funded 50% FDOT and 50% Key West Airport operating funds. C30 Board granted approval and authorized execution of State of Florida Department of Transportation Joint Participation Agreement Number G0I57 in the amount of $40,000.00 for the design of solar voltaics on the Key West International Airport terminal roof to reduce reliance on conventional energy sources using solar energy, to be funded 50% FDOT and 50% Key West Airport operating funds. C31 Board granted approval and authorized execution of Modification 41 to Federally Funded Subgrant Weatherization Assistance Program (WAP) Agreement 16WX- OG- 11 -54 -01 -039 between the State of Florida, Department of Economic Opportunity (DEO) and Monroe, County of (Monroe County Board of County Commissioners /Monroe County Social Services) for the period of 04/01/2016- 06/30/2017 in the amount of $89,373.00. C32 Board adopted the following Resolution of the Monroe County Board of County Commissioners to revise the Monroe County State Housing Initiative Partnership Program (SHIP) /Weatherization Assistance Program (WAP) SHIP /WAP REHABILITATION Strategy mortgage documents to remove Hazard Insurance requirements. RESOLUTION NO. 001 -2017 Said Resolution is incorporated herein by reference. C33 Board adopted the following Resolution of the Monroe County Board of County Commissioners authorizing the Monroe County CDBG DR 2008 Tropical Storm Faye Administrator Q. Manuel Castillo, Sr.) to execute mortgage subordination documents under certain conditions for the purpose of allowing the refinance of existing first mortgage loans at improved terms. RESOLUTION NO. 002 -2017 Said Resolution is incorporated herein by reference. C34 Board adopted the following Resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue: Transfer of Funds (OMB Schedule Item No. 1). RESOLUTION NO. 003 -2017 Said Resolution is incorporated herein by reference. 41Pa g e 0 1 1 8 2 17' Receipt of Unanticipated Funds (OMB Schedule Item No. 2). RESOLUTION NO. 004 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 3). RESOLUTION NO. 005 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 006 -2017 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO. 007 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 008 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 009 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 010 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 9). RESOLUTION NO. 011 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 012 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 013 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 014 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 015 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 016 -2017 51Pa g e 0 1 1 8 2 17' Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 017 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 018 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 019 -2017 Said Resolution is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL D1 Board granted approval to rescind Fishing Event Funding Agreement with Murray Marine, Inc. for the Key West Winter Rodeo Presented by Yellowfin Boats due to the Event Contractor cancelling the event. D2 Board adopted the following Resolution transferring funds. This resolution is required due to a scriveners error located in the cost center of the line item number. RESOLUTION NO. 020 -2017 Said Resolution is incorporated herein by reference. D3 Board granted approval to advertise a Request for Proposals for a Professional Public Relations Agency for Monroe County Tourist Development Council. PLANNING & ENVIRNOMENTAL, BUILDING & CODE COMPLIANCE DEPARTMENTS Il Board granted approval to authorize incentive pay for Building Inspector James Shady for attaining a FEMA /Monroe County sponsored Floodplain Manager Certification course. 12 Board granted approval and authorized execution of Florida Fish and Wildlife Conservation Commission (FWC) Agreement No. 16107 (Agreement) between Monroe County (County) and FWC providing reimbursement funding to the County in an amount not to exceed 5165,183.75 for derelict vessels removals, in addition to Boating Improvement Funds used for derelict vessel removals. COMMISSIONERS' ITEMS Kl Board granted approval of Mayor Neugent's approval to reappoint John Repetto to the Community Development Block Grant Citizens Advisory Task Force. K2 Board granted approval of Commissioner Rice's reappoint Derrick Johnson as the District 4 representative to the Community Development Block Grant (CDBG) Citizens Task Force. K3 Board granted approval of Commissioner Rice's reappoint David Manz as the District 4 representative to the Human Services Advisory Board (HSAB). 61Pa g e 0 1 1 8 2 17' K4 Board granted approval of Commissioner Rice's reappoint Margaret Tower Smith, as the District 4 representative, to the Parks and Recreation Advisory Board (PRAB). COUNTY CLERK L2 Board granted approval of 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. Said invoices are incorporated herein by reference. L3 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. Said invoices are incorporated herein by reference. L4 Board granted approval of Tourist Development Council expenditures for the month of November 2016, as follows: Advertising, in the amount of $361,203.24; Bricks & Mortar Projects, in the amount of $125,991.49; Events, in the amount of $334,858.75; Office Supplies & Operating Costs, in the amount of $37,561.28; Public Relations, in the amount of $166,390.42; Sales & Marketing, in the amount of $76,707.41; Telephone & Utilities, in the amount of $15,012.77; Travel, in the amount of $35,680.57; Visitor Information Services, in the amount of $79,509.36. L5 Board granted approval of the BOCC Warrants (Including Payroll) for the month of November 2016. Said warrants are incorporated herein by reference. COUNTY ADMINISTRATOR M3 Board adopted the following Resolution naming the three members of the County Commission designated by the Board to represent Monroe County on the Board of Governors of Fire and Ambulance District 1 as required by Ordinance No. 045 -1988. RESOLUTION NO. 021 -2017 Said Resolution is incorporated herein by reference. M4 Board adopted the following Resolution endorsing the nomination of Mayor George Neugent for a position on the Executive Committee of the (RESTORE Act) Gulf Consortium. RESOLUTION NO. 022 -2017 Said Resolution is incorporated herein by reference. M9 Board granted approval and authorized execution of a $28,000 base contract with Government Services Group, Inc., plus two 1 -year options for $5,000 each year, to provide professional services to assist the County in setting up the special assessment program to fund operations and maintenance of the Canal Restoration Demonstration Project Canals in Big Pine Key, Geiger Key and Key Largo, with the work to be performed in FY 2017 for special assessments to be collected beginning in FY 2018. M12 Board granted approval to advertise a solicitation for professional LiDAR elevation mapping services. M13 Board granted approval and authorized execution of an agreement with PFM Financial Advisors LLC for financial advisory services. 71Pa g e 0 1 1 8 2 17' M14 Board granted approval to ratify one small contract with GHD Services, Inc. signed by the County Administrator. M15 Board adopted the following Resolution to accept the Southeast Florida Regional Climate Change Compact Counties 2017 State and Federal Energy and Climate Legislative Programs. RESOLUTION NO. 023 -2017 Said Resolution is incorporated herein by reference. COUNTY ATTORNEY N4 Board granted approval of the Semi - annual examination of public official bonds for County Commissioners and Constitutional Officers pursuant to F. S. 137.05 and § 2 -28 of the Monroe County Code and finding that all current bonds and /or insurance policies are adequate. N6 Board granted approval to Advertise Request for Proposals for Pollution Liability Insurance. N7 Board granted authorization to initiate litigation against Enrique Piwko and the property located at 245 Atlantic Blvd., Key Largo, Florida, to seek compliance with the County code and enforce a lien arising from Code Compliance case number CE15030015. N8 Board granted authorization to initiate litigation against T and T Investments Corp. and the property located at 120 Coco Plum Rd. S., Key Largo, Florida, to seek compliance with the County code and enforce a lien arising from Code Compliance case number CE15030136. N9 Board granted authorization to initiate litigation against Nationstar Mortgage LLC and the property located at 80 Jean LaFitte Dr., Key Largo, Florida, to seek compliance with the County code and enforce a lien arising from Code Compliance case CE15040108. N10 Board granted approval and authorized execution of a new right -of -way lease agreement for an historic encroachment upon the Second Avenue public right -of -way in Key Largo. N11 Board granted approval and authorized execution of a Lease Agreement with U. S. Representative Carlos Curbelo for the use of office space in the GATO Building, starting on January 3, 2017 and extending through January 2, 2019. COUNTY ADMINISTRATOR P3 Board granted approval of the Monroe County 2017 State Legislative Agenda. Motion carried unanimously. The Board of County Commissioners meeting adjourned for the Board of Governors, Fire & Ambulance District 1, meeting. FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The Board of Governors for the Fire & Ambulance District 1 convened. Present and answering to roll call were Commissioner Kolhage, Commissioner Rice and Mayor Neugent. Absent were Councilman Bruce Halle, Councilwoman Katie Scott and Mayor Norman Anderson (alternate). 81Pa g e 0 1 1 8 2 17' G1 James Callahan, Fire Chief addressed the Board concerning adoption of a Resolution of the Board of Governors of Fire and Ambulance District 1 electing the Chairperson and Vice - Chairperson as required by Ordinance No. 045 -1988. Motion was made by Commissioner Kolhage and seconded by Commissioner Rice to adopt the following Resolution. Motion carried with Councilman Halle, Councilwoman Scott and Mayor Anderson not present. RESOLUTION NO. 024 -2017 Said Resolution is incorporated herein by reference. The Board of Governors, Fire & Ambulance District 1, adjourned. The Board of County Commissioners meeting reconvened with all commissioners present. MISCELLANEOUS BULK APPROVALS Cl Commissioner Rice announced that, due to a voting conflict, he would abstain from voting on the approval of an agreement with Guidance /Care Center for the "Assisted Living Prevents Recidivism" (Heron) program, in the amount of $39,979, 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. Motion was made by Commissioner Carruthers and seconded by Commissioner Kolhage granting approval and execution of the agreement. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Rice Abstain Mayor Neugent Yes Motion carried. COUNTY ADMINISTRATOR M8 Rhonda Haag, Sustainability Coordinator, made a Power Point presentation regarding the status report on the BOCC motion made on November 14, 2016 during the BOCC Canal Special Meeting requesting staff to conduct a scientific peer- reviewed study to determine the effects of impaired canal waters on nearshore waters. Bob Shillinger, County Attorney, addressed the Board. John Hunt, Director of the Florida Fish and Wildlife Conservation Commission Marine Research Lab for South Florida; and Charles Causey addressed the Board. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Murphy granting approval of Option 1: Do nothing now. Wait for FN to issue their Final Report on Canal Demos and for DEP to update the RAD. In October/November 2017 revisit the data. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage No Commissioner Murphy Yes Commissioner Rice Yes Mayor Neugent Yes Motion carried. 91Pa g e 0 1 1 8 2 17' PROJECT MANAGEMENT H1 Ariana Nesbitt, CEO of the Florida Keys Healthy Start Coalition, addressed the Board concerning the Drowning Prevention Campaign sponsored by the Florida Department of Health in partnership with Florida Keys Healthy Start Coalition and requested approval to post the drowning prevention signage at all Monroe County Beaches and utilize the assistance of Public Works staff in posting the signs, which are 12 by 16 inches, Aluminum Grade, and full color. The signs would be posted at Higg's Beach, Harry Harris Park, and Veteran's Beach. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Kolhage granting approval of the item. Motion carried unanimously. COUNTY ADMINISTRATOR M5 Roman Gastesi, County Administrator, addressed the Board concerning Air Ambulance /Trauma Star. The following individuals addressed the Board: Billy Deans, representing Air Methods; Dave Richardson, Sr. Vice President for Air Medical Services for Air Methods; Dr. Bruce Guerdan, Emergency Medicine Physician at Lower Keys Medical Center & Medical Director for Air Methods; Jeff Hedlot, Pilot with Air Methods; Leo Mijares, Sean Hickey, Anthony Page, Pat Cassidy, Lt. Commander William White, Director of the Army's Trauma Training Program in Miami; Andrea Thompson, Al Brotons, Director of Operations and Training at the Gordon Center for Research at the University of Miami Medical School of Medicine; Steve Hudson, and Bill Hunter. Sheriff Richard Ramsay and James Callahan, Fire Chief addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Carruthers to move ahead with the acquisition of additional equipment to be in a position to provide service to the citizens of this county equally. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage Yes Commissioner Murphy No Commissioner Rice Yes Mayor Neugent Yes Motion carried. COUNTY ATTORNEY N3 Bob Shillinger, County Attorney, addressed the Board concerning direction to staff regarding the Florida Supreme Court's decertification of one Monroe County Court Judgeship and notice of intent to consider decertification of a second Monroe County Court Judgeship. Dustin Hunter, Vice President, Monroe County Bar Association addressed the Board. Board directed Mr. Shillinger to prepare a Resolution for next month's meeting expressing support and to work with Ms. Tennyson and Mr. Gastesi to engage our county lobbyist and to work with the municipalities and other interested groups like the Bar Association to make a statement from our community that we support all four judges and to maintain all fourjudges. COUNTY ADMINISTRATOR Ml l Christine Hurley, Assistant County Administrator, addressed the Board. A presentation was made by Glen Volk, representing Arthur J. Gallagher & Company, on Health Insurance Fund Claims and Projected Balances as of September 31, 2016 (end of FY16) with an update of changes made to date and anticipated analyses to be completed for FYI potential changes and recommendations. The Board took no official action. 101Pa g e 0 1 1 8 2 017' Mayor Neugent excused himself from the meeting. MISCELLANEOUS BULK APPROVALS C11 Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to approve Sheila Barker and Irene Toner to serve as Retiree representatives on the Health Plan Advisory Committee. Motion carried unanimously, with Mayor Neugent not present. CLOSED SESSION Jl Bob Shillinger, County Attorney, announced an Attorney- Client Closed Session in the matter of Monroe County v. Keith M. Munt, Case No. 16 -CA- 330 -K. Mr. Shillinger advised that pursuant to F.S. 286.011(8) the persons attending the meeting would be the County Commissioners, County Administrator Roman Gastesi, County Attorney Bob Shillinger, Assistant County Attorneys Peter Morris and Steve Williams and a certified court reporter. The regular meeting of the Board of County Commissioners adjourned for the Closed Session. Mayor Neugent returned to the meeting during the Closed Session. The Closed Session was adjourned and the regular meeting of the Board of County Commissioners reconvened. COUNTY ADMINISTRATOR M10 Rhonda Haag, Sustainability Coordinator, addressed the Board concerning approval of a 514,556.00 Task Order No. 2 to the on call contract with Amec Foster Wheeler, Inc. for Category A canal program planning services to provide public outreach services to inform and engage the homeowners on canals 4266, 4287, 4290 and 483 regarding the MSBU's, the proposed program and the costs associated with the operations and maintenance of the air curtains. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval and authorizing execution of the item. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage No Commissioner Murphy Yes Commissioner Rice Yes Mayor Neugent Yes Motion carried. M6 /M7 Rhonda Haag, Sustainability Coordinator, addressed the Board concerning the following two items: Approval of a Resolution of the Board of County Commissioners of Monroe County, Florida, adopting the final report of the Tidal Flooding Roads Demonstration Project, which recommends road improvement projects in two communities and to move forward with the design phase to implement the recommendations; providing for an effective date. Approval of a Resolution of the Board of County Commissioners of Monroe County, Florida setting an Interim Standard for determining the elevation of future road improvement projects in Monroe County and directing initiation of a countywide roads analysis to identify near -term roads subject to risk; providing for an effective date. 111Pa g e 0 1 1 8 2 017' Erin L. Deady, P.A., made a Power Point Presentation of the Roads Project: The Sands and Twin Lakes Communities report. Mike Flood, Special Projects Leader with Parsons Brinckerhoff, addressed the Board. Roman Gastesi, County Administrator; and Judith Clarke, Director, Engineering and Roads & Bridges addressed the Board. The following individual addressed the Board: Stephanie Russo. Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to adopt both Resolutions as stated. After further discussion, the motion was amended by Commissioner Murphy and accepted by Commissioner Carruthers to adopt Item M6 a Resolution of the Board of County Commissioners of Monroe County, Florida, adopting the final report of the Tidal Flooding Roads Demonstration Project, which recommends road improvement projects in two communities and to move forward with the design phase to implement the recommendations; providing for an effective date. Motion carried unanimously. RESOLUTION NO. 025 -2017 Said Resolution is incorporated herein by reference. M7 Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to adopt the following Resolution of the Board of County Commissioners of Monroe County, Florida setting an Interim Standard for determining the elevation of future road improvement projects in Monroe County and directing initiation of a countywide roads analysis to identify near -term roads subject to risk; providing for an effective date. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage No Commissioner Murphy Yes Commissioner Rice Yes Mayor Neugent Yes Motion carried. RESOLUTION NO. 028 -2017 Said Resolution is incorporated herein by reference. PUBLIC HEARINGS 01 A Public Hearing was held to consider adoption 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 Key Largo, Monroe County, Florida. Motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 026 -2017 Said Resolution is incorporated herein by reference. 02 A Public Hearing was held to consider adoption of a Resolution of the Monroe County Board of County Commissioners approving a special permit allowing a temporary construction staging area for utility improvement projects by the Florida Keys Aqueduct Authority at property legally described as lot 33, Key Haven Estates (Plat Book 7, Page 78), Monroe County, Florida, and having real estate number 121Pa g e 0 1 1 8 2 017' 00141132.003300. Motion was made by Commissioner Rice and seconded by Commissioner Murphy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 027-2017 Said Resolution is incorporated herein by reference. SOLID WASTE P1 Kevin Wilson, Assistant County Administrator, gave a Power Point presentation regarding the discussion and direction for Changes to the Specialty Hauler Program. After discussion, Mr. Wilson advised the Board that he will start working on Ordinance changes; request approval to advertise revisions to the Ordinance for a public hearing; and, during the budget process will come back with exact numbers and Resolutions for the charges. The Board took no official action. MISCELLANEOUS BULK APPROVALS C8 Kevin Wilson, Assistant County Administrator, addressed the Board concerning approval of the Second Amendment to the Agreement with William P. Horn Architect, P.A. for the design through construction administration services for the redevelopment of Bernstein Park. This Amendment is for a fee increase of $192,401.00, from $339,545.00 to $531,946.00, and to revise the public records language. This project is funded by the One Cent Infrastructure Sales Surtax. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval and authorizing execution of the item. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Rice Yes Mayor Neugent No Motion carried. COUNTY ATTORNEY N5 Motion was made by Commissioner Rice and seconded by Commissioner Murphy to continue the approval of a Resolution authorizing the Mayor to execute a quit claim deed in favor of The State of Florida Department of Transportation for a portion of the South Roosevelt Boulevard and Bertha Street right -of -way in order to complete the South Roosevelt Improvement Project to the February 15, 2017 BOCC meeting in Key West. Motion carried unanimously. STAFF REPORT E Kevin Wilson, Assistant County Administrator, advised the Board that as of last week, at the Cudjoe Project, the contractor has retrieved the missing drill head and they are back on track reaming the hole and installing the casing; that the east and west Long Key expansion of the Layton plant is under way to those properties wastewater systems; invited the Commission and the public to the ribbon cutting at the Marvin Adams Waterway pedestrian bridge on Friday (January 20` and, advised the Board that there is an all- electric vehicle in service at the Gato Building used in running errands back and forth. 131Pa g e 0 1 1 8 2 017' COUNTY ADMINISTRATOR M1 Roman Gastesi, County Administrator, referred the Board to the County Administrator's Monthly Report. Said report is incorporated herein by reference. Mr. Gastesi recognized Kevin Madok, Clerk of the Circuit Court & Comptroller and Pamela Hancock, Deputy Clerk. Mr. Gastesi advised the Board that the City of Key Colony Beach hired a new City Manager, Chris Munoz and that there is a managers meeting scheduled in Marathon next week, with all the municipal managers throughout the keys. Mr. Gastesi advised the Board that the County will conduct a survey, with residents and businesses, like the one done in 2009. The updated surveys will be shared with the Commission to determine what they think about the surveys themselves. There will be about twenty -one (2 1) meetings; seven (7) meetings in each location (lower keys /middle keys /upper keys) to get feedback from the constituents to see how we're doing and what they want to see in the future. M2 Bob Shillinger, County Attorney, addressed the Board concerning the 2017 Appointments of Commissioners to various duties. During discussion, the following committees were removed from the list: Affordable Housing Advisory Committee and Marine & Port Advisory Committee. Motion was made by Commissioner Kolhage and seconded by Commissioner Murphy granting approval of the appointments, as amended. Said list is attached hereto. Motion carried unanimously. M3 Bob Shillinger, County Attorney, requested to revisit Item M3 Resolution No. 021 -2017 to designate the BOCC members and to include the names on the Resolution as follows: Commissioner Danny Kolhage, Mayor George Neugent, and Commissioner David Rice. COUNTY ATTORNEY N1 Bob Shillinger, County Attorney, referred the Board to the County Attorney Report for January 2017. Said report is incorporated herein by reference. Mr. Shillinger requested two closed sessions by the County Attorney that did not make it to the revised agenda, and read the following language into the record: The first closed session in the matter of Denenberg v. Marine Mammal Conservancy, Inc., et al., Circuit Court Case 14 -CA- 364 -P. Advice is needed concerning the litigation and a scheduled private meeting. The subject matter of this meeting shall be confined to settlement negotiations and strategy related to litigation expenditures. The persons in attendance at the meeting will be the County Commissioners, County Administrator Roman Gastesi; County Attorney Bob Shillinger; Assistant County Attorneys Peter Morris, Steve Williams and Rene Rogers and a certified court reporter. By law, no other persons are permitted to be present at this meeting. It is estimated this meeting will take approximately thirty (30) minutes. As required by law, the court reporter shall record the times of commencement and termination of the meeting, all discussions and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the meeting will be "off the record ". The court reporter's notes will be fully transcribed, sealed, and then filed with Kevin Madok, as Clerk. At the end of the litigation it will become part of the public record. It is requested that the closed session at the regularly scheduled meeting on February 15, 2017 in Key West at 1:30 p.m. or as soon thereafter as may be heard. Motion was made by Commissioner Carruthers and seconded by Commissioner Murphy granting approval of the closed session. Motion carried unanimously. The second closed session is for the matter of KW Resort Utilities Rate Case, Public Service Commission Docket No. 150071 -SU, application for increase in wastewater rates by KW Resort Utilities Corporation at the same date and time or soon thereafter as may be heard. The persons to be in attendance at this closed meeting will be the County Commissioners, County Administrator Roman Gastesi; County Attorney Bob Shillinger; Assistant County Attorney Cynthia Hall; and possibly Special 141Pa g e 0 1 1 8 2 017' Litigation Counsel Jay LaVia and Robert Scheffel Wright from the Firm of Gardner, Bist and, a certified court reporter. The same requirements by law are required for this meeting. It is requested that the closed meeting of the Board to be held at the regularly scheduled meeting on February 15, 2017 in Key West, FL at 1:30 p.m. or as soon thereafter as may be heard. Motion was made by Commissioner Carruthers and seconded by Commissioner Murphy granting approval of the closed session. Motion carried unanimously. Mr. Shillinger requested direction from the Board regarding a potential contract with an investigative firm that will help investigate online vacation rentals. He advised the Board that he would like to amend the purchasing code, because this type of contract doesn't fall within any exemption, to include investigative services within the definition of professional services and to prepare an Ordinance for a Public Hearing. Christine Hurley, Assistant County Administrator addressed the Board. The Board gave direction to explore the code change. Mr. Shillinger addressed the Board concerning direction on whether the Board is interested in preparing an interim development Ordinance on medical marijuana dispensaries. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Carruthers to have a temporary ban in place while we or the state regulates the dispensaries. Motion carried unanimously. Mr. Shillinger advised the Board that Dennis Ward, State Attorney, has invited Virlindia Doss, Executive Director of the Ethics Committee; and, Patricia Gleason, Assistant Attorney General to speak as experts on the Sunshine Law and public records sometime in May. Mr. Shillinger reminded the Board of their statutory obligation to attend ethics training and encouraged them to hold off until a date is set so that they can attend this training. He also invited senior staff and anyone else who is covered by the ethics code. N2 Mr. Shillinger addressed the Board on possible regulation of vehicles for hire including traditional taxis, Uber, Lyft, and other similar entities. Board directed Mr. Shillinger to monitor the upcoming legislative course on possible regulations and that if anything comes up that is alarming to bring it back before the Board. The Board took no official action. COUNTY ADMINISTRATOR P2 Board discussed the conflict between Florida Keys Day and the April 19, 2017 BOCC Meeting. Bob Shillinger, County Attorney, addressed the Board. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Rice to change the BOCC meeting to April 12, 2017 in Marathon. Motion carried unanimously. BUDGET & FINANCE P4 Commissioner Rice announced that, due to a voting conflict, he would abstain from voting on the approval of acceptance of a grant award of $50,000 from FDLE for the RSAT program with 25% match requirement of $16,667 and approval of an agreement with Guidance /Care Center in the amount of $66,667 for the project entitled, "Men's Jail House Drug Abuse Treatment Program ", for the project period of October 1, 2016 through September 30, 2017. Motion was made by Mayor Neugent and seconded by Commissioner Murphy grant approval of the item. Roll call vote was taken with the following results: 151Pa g e 0 1 1 8 2 017' Commissioner Carruthers Yes Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Rice Abstain Mayor Neugent Yes Motion carried. There being no further business, the meeting of the Board of County Commissioners was adjourned. Kevin Madok, CPA, Clerk And ex- officio Clerk to the Board of County Commissioners Monroe County, Florida me�cc izcc; D.C. 161Pa g e 0 1 1 8 2 017' FISCAL YEAR 2017 COMMISSIONERS' APPOINTMENTS N-ANIE OF COMMITTEE CURRENT /PREVIOUS COMMISSIONER NEW COMMISSIONER COMMISSIONER KOLFLAGE'S PREFERENCES COMMISSIONER NEUGENT'S PREFERENCES COMMISSIONER C_ARRUTHERS' PREFERENCES COMMISSIONER RICE'S PREFERENCES COMMISSIONER MURPHY'S PREFERENCES COMMENTS AffErrdrabk—Housing Ad--ry Co--- M- phy,Ctarruth-s X- X £sM- ff- A- IS-SEITa krd E"iTnlril3ttw- Alliance For Aging Murphy Arts Council Murphy X Audit Selection Committee Kolhage X Climate Change Advisory Committee Carruthers X X This committee was added at Murphy - Alt the 11/20/13 meeting Circuit 16 Juvenile Justice Board Murphy Same appointee as Monroe County Community Alliance Early Learning Coalition Carruthers X Fire & Ambulance Taxing District 1 a. Neugent X X X Need to select three Board of Governors b. Kolhage Commissioners. c. Rice Florida Association of Counties Carruthers X Board of Directors Florida Keys Council for People with Murphy X Disabilities Key West Airport Ad Hoc Committee Kolhage X Mar arid- Pe- Ad--r5-C-, rami M-phy Marine Sanctuary Water Quality Neugent X Steering Committee Marine Sanctuary Advisory Council Neugent X Monroe County Community Alliance Murphy X Same appointee as Circuit 16 Juvenile Justice Board NAME OF COMMITTEE CURRENT /PREVIOUS COMMISSIONER NEW COMMISSIONER COMMISSIONER KOLHAGE'S PREFERENCES COMMISSIONER NEUGENT'S PREFERENCES COMMISSIONER C_4RRUTHERS' PREFERENCES COMMISSIONER RICE'S PREFERENCES COMMISSIONER MURPHY PREFERENCES COMMENTS Monroe County Local Coordinating Board Neugent X for the Transportation Disadvantaged Small County Coalition a. Neugent N N b. Rice South Florida Regional Council a. Rice N b. Neugent Substance Abuse Policy Board Murphy X This is a voting position. Tourist Development Council Carruthers N Chairperson or their appointed designee to sit on this Board. Value Adjustment Board a. Neugent N N b. Carruthers c. Kolhage - Alternate Voter Canvassing Board Cth . Chairperson has to sit on this Board.