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08/16/2017 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, August 16, 2017 Key West, Florida A regular meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. at the Harvey Government Center. Present and answering to roll call were Commissioner Danny Kolhage, Commissioner Sylvia Murphy, Commissioner David Rice and Mayor George Neugent. Absent was Commissioner Heather Carruthers. 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 Motion was made by Commissioner Kolhage and seconded by Commissioner Rice granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS B1 Presentation of Honorary Conch Certificates to Dan Clark, Refuge Manager, US Fish & Wildlife Service and his team, Christine Ogura, Kristie Killan and Kate Watts. B2 Motion was made by Commissioner Kolhage and seconded by Commissioner Rice to add a Resolution to the agenda concerning Judge Wayne Miller. Motion carried unanimously. Motion was made by Commissioner Kolhage and seconded by Commissioner Rice to adopt the following Resolution naming the Jury Assembly Room located at the Freeman Justice Center, 302 Fleming Street, Key West, Florida as the "Judge Wayne Miller Jury Assembly Room ". Motion carried unanimously. The Board presented the Honorable Judge Wayne Miller with the Resolution. RESOLUTION NO. 176 -2017 Said Resolution is incorporated herein by reference. BULK APPROVALS Motion was made by Commissioner Rice and seconded by Mayor Neugent granting approval of the following items by unanimous consent: C1 Board granted approval of the Monroe County Length of Service Award Program ( LOSAP) actuarial valuation report for the Plan Year 2017 and transfer of funds for Plan Year 2017 into the LOSAP Trust Fund. C2 Board granted approval of a Commercial Airline Application from Elite Airways to operate scheduled Air Carrier Service using the commercial air carrier terminal and ramp space at the Key West International Airport. 11Page 08/16/2017 C3 Board granted approval to award bid and authorized execution of a contract with General Asphalt Company, Inc., in the amount of $9,962,089.50 to rehabilitate the runway at the Key West International Airport. Issuance of the Notice to Proceed for construction shall be contingent upon the receipt of an FAA grant ($9,049,500.00 approximate). Additional anticipated funding sources include: $1,060,000.00 -PFC Application 417, $450,000.00 - FDOT Grant and Airport Operating Fund 404 (as needed). C4 Board granted approval to extend the term of lease for Coast FBO, LLC (d/b /a Marathon General Aviation) at the Florida Keys Marathon International Airport from April 5, 2018 to April 5, 2041. The term extension is in accordance with an April 20, 2016 BOCC approved lease agreement, based on the timely substantial completion of the "East Hangar" construction project. C5 Board granted approval and authorized execution of an Interlocal Agreement with the City of Marathon to adopt, administer, and enforce updated airport zoning regulations applicable to the airport hazard areas and restricting the use of land adjacent to or in the immediate vicinity of the Florida Keys Marathon International Airport. C6 Board adopted the following Resolution adopting the revised rates and fees for the County's Specialty Hauler Program. RESOLUTION NO. 177 -2017 Said Resolution is incorporated herein by reference. C7 Board granted approval to reject the lowest bid as non - responsive and award a contract to the second lowest responsive bidder, Specialized Property Services, Inc., for $352,720.00 for the Brick and Mortar Renovation construction project at the East Martello, funded by the Tourist Development Council (TDC). C8 Board granted approval of the receipt of monthly Change Orders for the month of July reviewed by the County Administrator /AssistantAdministrator. Said list is incorporated herein by reference. C9 Board granted approval to ratify the complete contract with D.L. Porter Constructors, Inc., for the Department of Juvenile Justice Building (DJJ BLDG.) evidence locker renovation replacing the incomplete contract that was approved as BOCC July 19, 2017 agenda item C4. The contract now contains all required pages. Contract amount is $473,468.00. Funding is through one cent infrastructure sales tax. CIO Board adopted the following Resolutions for the Transfer of Funds and for the Receipt of Unanticipated Funds: Transfer of Funds (OMB Schedule Item No. 1). RESOLUTION NO. 178 -2017 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 179 -2017 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 3). RESOLUTION NO. 180 -2017 Said Resolution is incorporated herein by reference. 21Page 08/16/2017 Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 181 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 5). RESOLUTION NO. 182 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 183 -2017 Said Resolution is incorporated herein by reference. C11 Board granted approval to advertise a Request for Proposals for FEMA Public Assistance Consulting Services. C12 Board granted approval to rescind Item C16, Modification 41 to Low Income Home Energy Assistance Program (LIHEAP) Subgrant Agreement 417EA- OF- 11 -54 -01 -019 between Department of Economic Opportunity and Monroe County Board of County Commissioners /Monroe County Social Services which was approved at the July 19, 2017 Regular BOCC meeting. C13 Board granted approval and authorized execution of Amendment No. 001 to Standard Contract 4AA -1729, Older Americans Act (OAA) between the Alliance for Aging, Inc., (AAA) and the Monroe County Board of County Commissioners /Monroe County Social Services /In -Home Services and Nutrition Programs for the contract period of January 1, 2017 through December 31, 2017 in the amount of $637,986.44. This is an increase in funding of $14,721.94 which reflects 2016 Carry Forward Funding and new 2017 funding allocations. TOURIST DEVELOPMENT COUNCIL DI Announcement of one vacant position on the Tourist Development Council District V Advisory Committee for one "At Large" appointment. D2 Approval to rescind Destination Event Funding Agreement with Key Largo Baptist Church, Inc. for the Key Largo Bridge Run due to Event Contractor cancelling the event. D3 Board granted approval and authorized execution of the 1 s' Amendment to Agreement with Key West Business Guild, Inc. to provide gay and lesbian visitor information services to exercise the option to extend agreement for an additional two (2) years. D4 Board granted approval and authorized execution of the 1 s' Amendment to extend Agreement with Dolphin Research Center, Inc. (DRC) for the DRC ADA Parking, Walkway, Landscaping and Fencing of Welcome Center Building project. D5 Board granted approval and authorized execution of the 1S Amendment to extend Agreement with Florida Keys History and Discovery Foundation, Inc. for the Jerry Wilkinson Research Library Proj ect. D6 Board granted approval and authorized execution of the 3r Amendment to extend Agreement with Dolphin Research Center, Inc. (DRC) for the DRC Construct Welcome Center Building Project. 31Page 08/16/2017 D8 Board granted approval and authorized execution of an Agreement with Axis Travel Marketing, Ltd. to provide European travel services in the United Kingdom; Ireland; Scandinavia; Italy; France; Germany; Austria; Switzerland; Benelux; and Holland which promote tourism - Commencing October 1, 2017 through September 30, 2020. SHERIFF'S OFFICE I1 Board granted approval of the request for expenditures from the Law Enforcement Trust Fund in the amount of $4,500.00, as follows: to help the MCSO Animal Farm with items needed for various annual events including "Easter on the Farm" and "Christmas on the Farm" for the year 2017. COMMISSIONERS' ITEMS J1 Board adopted the following Resolution of the Board of County Commissioners of Monroe County, Florida applauding the Ocean Conservancy, the Florida Keys National Marine Sanctuary and the Florida Keys Scenic Highway Corridor Alliance for their efforts in organizing and carrying out a Keys -wide Beach Cleanup to take place on September 16, 2017. RESOLUTION NO. 184 -2017 Said Resolution is incorporated herein by reference. J3 Board granted approval of Commissioner Kolhage's appointment of Christina Spottswood to the Art in Public Places Committee, replacing Nance Frank who resigned, with a term expiring November 1, 2020. J4 Board granted approval of Commissioner Kolhage's appointment of Bill Gordon to the Key West Ad Hoc Committee on Noise, replacing Paul DePoo, with a term that expires with the duration of the committee. J5 Board adopted the following Resolution of the Board of County Commissioners of Monroe County, Florida urging the Florida Legislature to enact legislation that would make texting while driving a primary offense. RESOLUTION NO. 185 -2017 Said Resolution is incorporated herein by reference. J6 Board granted approval of Commissioner Murphy's reappointment of George L. Fernandez to the TDC Board, with a term expiring August 16, 2021. J7 Board adopted the following Resolution recommending Elizabeth "Betsy" Langan for appointment to the Board of Directors for the South Florida Behavioral Health Network, Inc. RESOLUTION NO. 186 -2017 Said Resolution is incorporated herein by reference. COUNTY CLERK K2 Board granted approval of FKAA invoices $50,000.00 or over for the Fiscal Year (to include salaries), relating to the Cudjoe Regional Wastewater System Project. Said invoices are incorporated herein by reference. 41Page 08/16/2017 K3 Board granted approval of FKAA invoices for the Fiscal Year (to include salaries), relating to the Cudjoe Regional Wastewater System Project. The invoices under $50,000.00 are being provided for information only. Said invoices are incorporated herein by reference. K4 Approval of Tourist Development Council expenses for the month of July 2017, as follows: Advertising, in the amount of $1,754,094.80; Bricks & Mortar Projects, in the amount of $114,301.64; Events, in the amount of $213,181.19; Office Supplies & Operating Costs, in the amount of $43,138.18; Personnel Services, in the amount of $165,874.01; Public Relations, in the amount of $213,004.78; Sales & Marketing, in the amount of $127,236.97; Telephone & Utilities, in the amount of $19,829.73; Travel, in the amount of $20,822.44; Visitor Information Services, in the amount of $101,051.69. K5 Approval of BOCC Warrants (including payroll) for the month of July 2017, 10029708- 10025764 - 10026771 (AP); 50003091 - 50003191 (PR Check); 3082521- 3083612 (PR Voucher); 22319- 22424 (WC), as follows: 001 General Fund, in the amount of $4,205,066.43; 101 Fine & Forfeiture Fund, in the amount of $3,808,961.89; 102 Road & Bridge Fund, in the amount of $379,888.54; 115 TDC District Two Penny, in the amount of $521,313.89; 116 TDC Admin & Promo 2 Cent, in the amount of $1,264,417.09; 117 TDC District 1,3 Cent, in the amount of $691,708.26; 118 TDC District 2,3 Cent, in the amount of $42,632.63; 119 TDC District 3,3 Cent, in the amount of $137,397.44; 120 TDC District 4,3 Cent, in the amount of $50,169.14; 121 TDC District 5,3 Cent, in the amount of $83,383.66; 125 Gov Fund Type Grants, in the amount of $1,054,476.44; 141 Fire & Amb Dist 1 L &M Keys, in the amount of $670,338.80; 147 Uninc Svc Dist Parks &Rec, in the amount of $148,576.47; 148 Plan, Build, Zoning, in the amount of $476,561.96; 149 Municipal Policing, in the amount of $563,530.85; 150 911 Enhancement Fee, in the amount of $41,811.12; 152 Duck Key Security Dist, in the amount of $5,785.93; 153 Local Housing Assistance, in the amount of $53,779.00; 157 Boating Improvement Fund, in the amount of $34,359.08; 158 Misc Special Revenue Fund, in the amount of $25,672.46; 160 Environmental Restoration, in the amount of $5,093.35; 163 Court Facilities, in the amount of $6,906.81; 164 Drug Abuse Trust Fund, in the amount of $7,725.75; 180 Building Fund, in the amount of $306,170.15; 304 1 Cent Infra Surtax, in the amount of $1,588,298.04; 308 Infrastructure Sales Tax Revenue Bond, in the amount of $218.61; 312 Cudjoe Regional WW Proj, in the amount of $6,007,061.24; 314 Series 2014 Revenue Bonds, in the amount of $235,602.90; 316 Land Acquisition, in the amount of $9,000.00; 401 Card Sound Bridge, in the amount of $175,583.74; 403 Marathon Airport, in the amount of $188,904.99; 404 Key West Intl Airport, in the amount of $915,518.12; 414 MSD Solis Waste, in the amount of $1,845,480.47; 501 Worker's Compensation, in the amount of $121,577.84; 502 Group Insurance Fund, in the amount of $1,862,243.17; 503 Risk Management Fund, in the amount of $37,208.10; 504 Fleet Management Fund, in the amount of $139,260.71; 610 Fire /EMS LOSAP Trust Fund, in the amount of $4,750.00. K6 Board granted approval to dispose of items declared surplus. Said items are incorporated herein by reference. COUNTY ADMINISTRATOR L7 Board granted approval and authorized execution of Amendment No. 1 to the Contract with Parsons Engineering, Inc. in an amount not to exceed $22,235.00 to provide additional professional consulting services to assist the County with technical negotiations of the mobile LiDAR services contract and to review the survey data to be provided by the LiDAR vendor. SIPage 08/16/2017 COUNTY ATTORNEY M2 Board granted approval of settlement agreement in Allan Kennish v. Monroe County, Case No. 16 -CA -182 -K and authorized the County's outside counsel to execute the Stipulation for Dismissal with Prejudice. M3 Board granted approval to advertise a Public Hearing to consider adoption of an Ordinance amending MCC §2- 347(e) (2) and (h) (5); and replacing (1) (1) f. relating to competitive bidding procedures. M7 Board granted approval and authorized execution of the 2017 Memorandum of Agreement between Monroe County and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida concerning Florida Forever projects in the Keys. Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL D7 The following individual addressed the Board concerning approval of the Fiscal Year 2017 -2018 Monroe County Tourist Development Council Marketing Plan: Dottie Moses, representing the Island of Key Largo Federation of Homeowner Association. Mayte Santamaria, Sr. Director Planning & Environmental Resources; and Harold Wheeler, Director Tourist Development Council, addressed the Board. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Rice to approve the Plan, excluding the reference to a major wedding & honeymoon destination, until the County can get a better idea on what we can do about this in terms of code enforcement. Roll call vote carried unanimously. STAFF REPORTS E1 Lisa Tennyson, Director of Legislative Affairs, gave the Board an update on the trip to Tallahassee. Ms. Tennyson advised the Board that they attended 15 meetings in the day and a half that they were there. She advised that a lot of the meetings had to do with accelerating land purchase by the state. She advised that they met with the new DOT, Chief of Staff, Secretary Mike Dew and updated him on DOT issues in Monroe County; and talked with DEP, Bureau of Public Lands regarding the Big Pine Road Prison property. Bob Shillinger, County Attorney; and Roman Gastesi, County Administrator, addressed the Board concerning the Big Pine Road Prison. Ms. Tennyson advised that they also met with the state's department of emergency management to discuss the need for a new EOC. Ms. Tennyson advised the Board that there were several handouts in the folder, from the trip, that she handed out earlier in the day, for the Boards review. COUNTY ADMINISTRATOR L4 Rhonda Haag, Sustainability Coordinator, addressed the Board concerning approval to advertise an RFP for 2 years of water quality monitoring services in support of the Florida Keys Reasonable Assurance Document (FRAD) as requested by the Department of Environmental Protection (DEP), 50% funding to be provided by DEP and 50% match required by the County and municipalities, exact match amount to be determined after solicitation opening, estimated in the range of $50,000.00- $75,000.00 /year, which is not budgeted. Greg DeAngelo, Deputy Division Director with the DEP, gave a Power Point Presentation titled Florida Keys Reasonable Assurance Water Quality Monitoring. Roman Gastesi, County Administrator, addressed the Board. The following individual addressed the Board: Deb Curlee. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner 61Page 08/16/2017 Murphy to approve the item that is on the agenda and directed staff to work with DEP to expand the scope for additional testing to determine the effect, of the condition, that the canals are having on the WBID (water body identification) or halo zones. Motion carried unanimously. L5 The following individual addressed the Board concerning approval a $70,884.00 Grant Application to EPA for the final phase of the Canal Implementation Plan, seeking $65,159.00 of grant funds, and offering $5,725.00 in budgeted funds as a partial cash match, retroactively ratifying the grant application submitted July 24, 2017; and authorization for the County Administrator to sign all necessary documents in connection with this grant: Stuart Schaffer. Rhonda Haag, Sustainability Coordinator, addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. COMMISSIONERS' ITEMS J2 Roman Gastesi, County Administrator; James Callahan, Fire Chief, and, Bob Shillinger, County Attorney, addressed the Board concerning direction to legal staff to prepare a Resolution of Support for State Legislation to authorize Air Medical Rescue Pilots and Flight Nurses to be reclassified as Special Risk under the Florida Retirement System Rules. The Resolution of support will be heard for approval at the September 20, 2017 Regular meeting. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. MISCELLANEOUS ITEM Mr. Gastesi requested that the Board consider an amendment to the 2018 Capital Improvement Plan in the amount of $2 million to build a gun range in Marathon, at the Florida Keys Marathon Airport, for the Sheriffs Office. Sheriff Rick Ramsay addressed the Board. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice for the county to build the building and for the Sheriff to fund the inside of the building. Roll call vote carried unanimously. PLANNING & ENVIRONMENTAL, BUILDING & CODE COMPLIANCE DEPARTMENTS H3 Bob Shillinger, County Attorney; and Sheriff Rick Ramsay addressed the Board concerning approval to advertise a Public Hearing to adopt an Ordinance amending Chapter 26 of the Monroe County Code of Ordinances, deleting the Idle Speed/No Wake boating restricted area for man-made water bodies, and adding a Slow Speed/Minimum Wake boating restricted area for canals less than 75' in width from shoreline to shoreline. The Board continued discussion of this item after the lunch break. H1 Mr. Shillinger addressed the Board concerning a Correction of a scrivener's error to add the legal description as Exhibit A of an Interlocal Agreement (ILA), approved by the BOCC on December 14, 2016, between Monroe County and City of Marathon transferring 52 low income and 3 very low income (55 total) Affordable Housing ROGO Allocations from Monroe County to the City of Marathon. This ILA is proposed by Keys Affordable Development III, LLC, for a project that proposes developing 55 new affordable housing units and is applying for state low income housing tax credits (LIHTC). After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Rice to rescind approval of the item. Motion carried unanimously. H2 Mr. Shillinger addressed the Board concerning approval an Interlocal Agreement (ILA) between Monroe County and City of Marathon transferring 52 low income and 3 very low income (55 total allocations) Affordable Housing ROGO Allocations from Monroe County to the City of Marathon for 71Page 08/16/2017 an affordable housing project to be located on property in the ownership of Key Vaca, LLC. This ILA is proposed by the City of Marathon to replace the previously BOCC approved ILA (December 14, 2016) with the City of Marathon for the Keys Affordable Development III, LLC, for a project that proposed developing 55 new affordable housing units. Motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval and authorizing execution of the item. Motion carried unanimously. H3 Rich Jones, Sr. Administrator Marine Resources; Mayte Santamaria, Sr. Director Planning & Environmental Resources; and Bob Shillinger, County Attorney, addressed the Board concerning approval to advertise a Public Hearing to adopt an Ordinance amending Chapter 26 of the Monroe County Code of Ordinances, deleting the Idle Speed/No Wake boating restricted area for man -made water bodies, and adding a Slow Speed/Minimum Wake boating restricted area for canals less than 75' in width from shoreline to shoreline. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Kolhage granting approval of the item, with approval of Option D, City /State /DOT boat ramps, for Canal Speed Signage, and to educate the public. Roll call vote carried unanimously. STAFF REPORT E2 Kevin Wilson, Assistant County Administrator, gave a Power Point Presentation. Mr. Wilson advised the Board that Bernstein Park should be ready for use in early November; that the Crawl Key Training Facility is done and an official opening will be held in October; gave an update on the Big Pine Key Park; and discussed the waterfront issues at the Murray Nelson Government Center. Board discussed managed mooring fields. Bob Shillinger, County Attorney; Rich Jones, Sr. Administrator Marine Resources, and Lisa Tennyson, Director Legislative Affairs, addressed the Board. COUNTY ADMINISTRATOR L1 Roman Gastesi, County Administrator, directed the Board to the County Administrator's Monthly Report for July 2017. Said report is incorporated herein by reference. Mr. Gastesi introduced Kimberly Matthews who was hired as the new Director of Strategic Planning. Ms. Matthews addressed the Board. L2 Rhonda Haag, Sustainability Coordinator, addressed the Board concerning approval to negotiate a contract with Adventure Environmental, Inc., the highest ranked respondent, for the backfilling of canal 75 in Key Largo, whose proposal price of $1,216,000.00 is $184,000.00 below the engineer's estimate of $1.4 Million, to be funded in full by the $1.5M DEP Stewardship Grant LP44073. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval of the item. Roll call vote carried unanimously. L3 Bob Shillinger, County Attorney; and Pedro Mercado, Assistant County Attorney, addressed the Board concerning approval of a $0 access Agreement with The Harborage Condo Corporation, Inc. to grant a temporary easement property use during the backfilling of canal 75 in Rock Harbor in Key Largo. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval and authorizing execution of the item. Motion carried unanimously. L6 The following individual addressed the Board concerning approval to advertise a Request for Proposals for a demonstration project for canal debris removal and hauling for the Key Largo area: Dotti Moses. Rhonda Haag, Sustainability Coordinator; Cynthia Hall, Assistant County Attorney; and Roman Gastesi, County Administrator, addressed the Board. Board directed staff to advertise a Public Hearing for the September meeting for adoption of an Ordinance setting up a county wide MSBU for canal projects. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner 81Page 08/16/2017 Rice granting approval of the item, and to add in the municipalities and the additional unincorporated Monroe as options. Roll call vote was taken with the following results: Commissioner Kolhage No Commissioner Murphy Yes Commissioner Rice Yes Mayor Neugent Yes Motion carried. L8 Rhonda Haag, Sustainability Coordinator, addressed the Board concerning approval to advertise a Request for Proposals for the combined operations and maintenance of the County's air curtains on canals. Motion was made by Commissioner Rice and seconded by Commissioner Murphy granting approval of the item. Roll call vote was taken with the following results: Commissioner Kolhage No Commissioner Murphy Yes Commissioner Rice Yes Mayor Neugent Yes Motion carried. COUNTY ATTORNEY MI Bob Shillinger, County Attorney, directed the Board to the County Attorney Report for August 2017. Said report is incorporated herein by reference. Mr. Shillinger advised the Board that his report also included links to the County's briefs if the Board wants further reading on the positions that are being taken at the appellate court level. He advised the Board that the county received a very favorable ruling in the Cohen case. Mr. Shillinger advised the Board that the case is going to be appealed and requested the Boards support to enforce the deed restriction. The Board granted approval of staffs request to enforce the deed restriction. Mayte Santamaria, Sr. Director Planning & Environmental Resources, addressed the Board. Commissioner Rice excused himself from the meeting. M4 Mr. Shillinger requested to hold an Attorney - Client Closed Session in the matter of Donald Davis v. Monroe County, Case No. CA M 04 -379 at the regularly scheduled BOCC meeting on September 20, 2017 in Key Largo, FL at 1:30 p.m. or as soon thereafter as may be heard and read the required language into the record. Motion was made by Commissioner Kolhage and seconded by Commissioner Murphy to hold the Closed Session. Motion carried unanimously, with Commissioner Rice not present. M5 Mr. Shillinger requested to hold an Attorney - Client Closed Session in the matter of Denenberg v. Marine Mammal Conservancy, Inc., et al., Circuit Court Case 14 -CA -364 -P at the September 20, 2017 BOCC meeting in Key Largo, FL at 1:30 p.m. or as soon thereafter as may be heard and read the required language into the record. Motion was made by Commissioner Murphy and seconded by Commissioner Kolhage to hold the Closed Session. Motion carried unanimously, with Commissioner Rice not present. M6 Mr. Shillinger addressed the Board concerning direction to the County Attorney's Office to draft regulations that would authorize the use of electronic signatures on all County documents permitted by 91Page 08/16/2017 law. Motion was made by Commissioner Murphy and seconded by Commissioner Kolhage granting approval of the item. Motion carried unanimously, with Commissioner Rice not present. Commissioner Rice returned to the meeting and took his seat. M8 Mr. Shillinger addressed the Board concerning direction regarding the Constitutional Revision Commission (CRC) of Florida. He advised the Board that the CRC announced that September 22, 2017 is the proposed deadline for public entities or members of the public to submit their own proposals. The Board took no official action. M9 Mr. Shillinger addressed the Board concerning approval of the new Right -of -Way Lease Agreement with Key Marina Development, LLC, and Consent to Assignment of Lease to Florida Keys Quality Foods, Inc., for an historic encroachment upon the Second Avenue public right -of -way in Key Largo, which will operate to terminate all prior leases. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Kolhage to continue the item for a month and directed staff to get a market appraisal for the value of the land that belongs to Monroe County and to incorporate that amount into the rent. Motion carried unanimously. PUBLIC HEARINGS N 1 A Public Hearing was held to consider adoption of an Ordinance amending Section 18- 27(c)(1) and adding a special section in Chapter 18, Article 11 of the Monroe County Code regarding park hours and other park regulations specific to Bernstein Park as directed by the BOCC on May 17, 2017. There were no public speakers. Motion was made by Commissioner Rice and seconded by Commissioner Kolhage to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 013 -2017 Said Ordinance is incorporated herein by reference. N2 A Public Hearing was held to consider adoption of a Resolution by the Monroe County Board of County Commissioners transmitting to the State Land Planning Agency an ordinance by the Monroe County Board of County Commissioners amending Monroe County Year 2030 Comprehensive Plan Policy 01.5.29, to allow lawfully established transient units to be entitled to a density of one transient unit per lawfully established transient unit and not be considered nonconforming as to density, and to allow the density of lawfully established transient units to be replaced with up to the same density of permanent employee housing dwelling units notwithstanding density limitations of the future land use map categories and subject to the award of Affordable ROGO Allocations, a development agreement, and a major conditional use permit; Providing for Severability; Providing for 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 Comprehensive Plan; Providing for an Effective Date. Mayte Santamaria, Sr. Director Planning & Environmental Resources, advised the Board that the application was withdrawn by the applicant. N3 A Public Hearing was held to consider adoption of an Ordinance by the Monroe County Board of County Commissioners amending the Monroe County Land Use District (Zoning) Map from Urban Residential - Mobile Home (URM) to Mixed Use (MU), for property located at 5660 Laurel Avenue, South Stock Island, mile marker 5, legally described as Block 31, Lot 6, Maloney Subdivision (Plat Book 1, Page 55), Stock Island, Monroe County, Florida, having Real Estate 400124400.000000; as proposed by Piccolo Key West, LLC; providing for severability; providing for repeal of conflicting provisions; providing for transmittal to the State Land Planning Agency and the Secretary of State; providing for amendment to the Land Use District (Zoning) Map; providing for an 101 Page 0 8/16/20 17 effective date. There were no public speakers. Motion was made by Commissioner Murphy and seconded by Commissioner Kolhage to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 014 -2017 Said Ordinance is incorporated herein by reference. N4 A Public Hearing was held to consider adoption of an Ordinance amending Chapter 26 of the Monroe County Code of Ordinances, deleting references to the Pilot Program for Anchoring and Mooring which expired July 1, 2017, and adding language requiring proof of pump out Keys -wide. The following individual addressed the Board: Bill Hunter. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Murphy to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 015 -2017 Said Ordinance is incorporated herein by reference. N5 A Public Hearing was held to consider adoption of the South Stock Island Wastewater Assessment Program Phase 2 Final Assessment Resolution describing the method of assessment for the South Stock Island Wastewater parcels as provided by KW Resort Utilities Corp. There were no public speakers. Motion was made by Commissioner Murphy and seconded by Commissioner Kolhage to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 187 -2017 Said Resolution is incorporated herein by reference. N6 A Public Hearing was held to consider adoption of a Resolution for a Budget Amendment of Fiscal Year 2017 Upper Keys Health Care Taxing District Fund 144 to close the fund and distribute all residual balances in accordance with Ordinance No. 031 -2016. There were no public speakers. Motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 188 -2017 Said Resolution is incorporated herein by reference. COUNTY ATTORNEY 01 Bob Shillinger, County Attorney requested to hold an Attorney - Client Closed Session in the matter of Board of County Commissioners of Monroe County, FL vs. Sugarloaf Volunteer Fire Department, et al., Filing 460084602 at the September 20, 2017 BOCC meeting in Key Largo, FL at 1:30 p.m. or as soon thereafter as may be heard and read the required language into the record. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Kolhage to hold the Closed Session. Motion carried unanimously. 02 Mr. Shillinger addressed the Board concerning direction on submission of comments to the Nuclear Regulatory Commission regarding Florida Power and Light's application for combined licenses to authorize construction and operation of two new nuclear plants at Turkey Point (Units 6 and 7). Board directed staff to submit the Resolutions that have previously been adopted, under a cover letter stating that these are our official comments and that the Board opposes the application until FPL cleans up their act. 111 Page 0 8/16/20 17 03 Mr. Shillinger requested to hold an attorney client closed session in the matter of In re: Energy3, LLC, Case Number 17- 18986 - RAM, at the regularly scheduled BOCC meeting on September 20, 2017, in Key Largo, FL at 1:30 pm or as soon thereafter as may be heard and read the required language into the record. Motion was made by Commissioner Kolhage and seconded by Commissioner Rice to hold the Closed Session. Motion carried unanimously. COMMISSIONERS' COMMENTS Board discussed destination weddings; noise from outdoor entertainment; traffic; boating problems; staffing issues; and the use of bed tax dollars to address tourist impacts. Bob Shillinger, County Attorney; and, Roman Gastesi, County Administrator, addressed the Board. 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 �& D.C. 121 Page 0 8/16/20 17