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03/21/2018 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, March 21, 2018 Key Largo, Florida A regular meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. at the Murray E. Nelson Government Center. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner Danny Kolhage, Commissioner Sylvia Murphy, Commissioner George Neugent and Mayor David Rice. 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 Al Motion was made by Commissioner Murphy and seconded by Commissioner Neugent granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS B1 Presentation of Mayor's Proclamation of Appreciation for Monroe County Professional Firefighters from the Muscular Dystrophy Association, proclaiming the month of March 2018 as "Professional Firefighters of Monroe County Appreciation Month ". B2 Presentation of Mayor's Proclamation recognizing April 2018 as "Fair Housing and Community Development Month" in Monroe County. B3 Presentation of Mayor's Proclamation declaring the month of April 2018 as "Florida Water Professionals Month" in Monroe County. BULK APPROVALS Motion was made by Commissioner Carruthers and seconded by Commissioner Murphy granting approval of the following items by unanimous consent: Cl Board granted approval of the request for competitive solicitation for the sale of 50 surplus desktop computers. C2 Board granted approval and authorized execution of a 12 month extension of AT &T Support Contract for AT &T phone switch, cabling, and a dedicated technician for $163,706.23 annually from March 15, 2018 to March 14, 2019. C3 Board granted approval and authorized execution of an Agreement between Gartner, Inc. and Monroe County for $36,893.00 for research and analysis of products and systems for the County in selecting hardware, software solutions, Telecom, and other IT services. C4 Board granted approval to award bid and authorized execution of a Contract to the lowest responsive, responsible bidder, Charley Toppino & Sons, Inc., for $762,854.75 for a FDOT Local Agency Program Project for the construction of the Big Pine Water Observation Platform and Reynolds Street Pier Improvements. Construction is 100% Grant funded with state and federal funds. Grant amount for construction and CEI is $1,080,000.00. C5 Board granted approval to award a Contract to the highest ranked respondent, WSP USA Inc., for $157,725.56 for a FDOT Local Agency Program Project for the Construction Engineering and Inspection Services for the Big Pine Water Observation Platform and Reynolds Street Pier Improvements. State and federal funding will provide, at minimum, $80,000.00. C7 Board granted approval and authorized execution of a Contract with Life Extension Clinics, Inc. ( "LifeScan ") to perform annual physical examinations of Monroe County Fire Rescue personnel in accordance with NFPA 1582. C8 Board adopted the following Resolution authorizing Rachel David to act as an authorized agent of Animal Control to enforce Chapter 4, Monroe County Code, and Chapter 828, Florida Statutes, to issue citations for violation of the Monroe County Code, and /or attend court. RESOLUTION NO. 093 -2018 Said Resolution is incorporated herein by reference. C9 Board accepted the report of monthly Change Orders for the month of February, reviewed by the County Administrator /Assistant Administrator. Said report is incorporated herein by reference. C11 Board granted approval and authorized execution of a Second Amendment to Lease Agreement with the Key West Art and Historical Society for its lease of East Martello to extend the current term on a month -to -month basis and increase the insurance requirements, pending execution of a new multi -year lease for the property and updating all terms and conditions. C12 Board granted approval and authorized execution of a Second Amendment to Contract with GOC, Inc. d /b /a Island Fence for perimeter fence maintenance, repair & modification at Key West International Airport, renewing the agreement for one final year and increasing hourly contract amount by 2.1% CPI -U from $25.53 /hour to $26.07 /hour for fence installer /lead crewman and from $20.42 /hour to $20.85 /hour for fence installer /helper. Financial funding for any service provided will be paid by Airport Operating Fund 404, FAA or FDOT grant sources. C13 Board granted approval and authorized execution of a Professional Services Agreement with Passur Aerospace in the amount of $2,500.00 per month, for the Passur Communicator which is a web based communications systems that will provide real time airport, airline, airspace and weather information to key internal and external airport stakeholders. C14 Board granted approval and authorized execution of State of Florida, Department of Transportation (FDOT), Supplemental Joint Participation Agreement Number 1 for Grant Contract G0553 adding $60,000.00 in FDOT funding for the Security Fence Upgrades and Improvements Project at the Key West International Airport, for total cost of $120,000.00, to be funded 50% FDOT ($60,000.00) and 50% Airport Operating Funds ($60,000.00). C15 Board granted approval and authorized execution of Change Orders 14, 15 and 16 with OAC Action Construction Corp., increasing contract time by 61 days and contract sum by $38,906.20 for the Key West International Airport Customs Facility Phase II Project, funded by FDOT grant (50 %) and Fund 404 Operating (50 %). 21 Page 0_1 2 1 '2 0 1 8 C16 Board granted approval and authorized execution of Amendment 40004 to Community Care for Disabled Adults Contract 4 KG070 between the Florida Department of Children and Families and Monroe County BOCC/Monroe County Social Services to reduce funding for the State Fiscal Year 2017- 2018 by 819,000.00, resulting in a total budget of $42,733.00 annually. C17 Board adopted the following Resolutions concerning the Transfer of Funds and for the Receipt of Unanticipated Revenue: Receipt of Unanticipated Funds (OMB Schedule Item No. 1). RESOLUTION NO. 094 -2018 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 095 -2018 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 3). RESOLUTION NO. 096 -2018 Said Resolution is incorporated herein by reference. Amending Resolution No. 061 -2018 (OMB Schedule Item No. 4). RESOLUTION NO. 097 -2018 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO. 098 -2018 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 6). RESOLUTION NO. 099 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 100 -2018 Said Resolution is incorporated herein by reference. Amending Resolution No. 057 -2018 (OMB Schedule Item No. 8). RESOLUTION NO. 101 -2018 Said Resolution is incorporated herein by reference. Amending Resolution No. 060 -2018 (OMB Schedule Item No. 9). RESOLUTION NO. 102 -2018 Said Resolution is incorporated herein by reference. Amending Resolution No. 351 -2017 (OMB Schedule Item No. 10). RESOLUTION NO. 103 -2018 Said Resolution is incorporated herein by reference. Amending Resolution No. 072 -2018 (OMB Schedule Item No. 11). RESOLUTION NO. 104 -2018 Said Resolution is incorporated herein by reference. Amending Resolution No. 079 -2018 (OMB Schedule Item No. 12). RESOLUTION NO. 105 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 106 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 107 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 108 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 109 -2018 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 110 -2018 Said Resolution is incorporated herein by reference. C18 Board granted approval to utilize and implement the Guaranteed Maximum Price from the Biltmore Construction Co., Inc. Construction Manager at Risk proposal for the construction of the Magnolia Street Fuel Storage and Distribution System Relocation Project. This project is funded by Fund 314 in the amount of $536,912.00. C19 Board granted approval and authorized execution of Modification 42 to Low Income Home Energy Assistance Program Subgrant Agreement 417EA- OF- 11 -54 -01 -019 between the Department of Economic Opportunity and Monroe County BOCC /Monroe County Social Services for the contract period of April 1, 2017 through September 30, 2020 to increase funding by $63,825.00 which will increase the total contract amount from $211,992.00 to $275,817.00. HURRICANE IRMA RECOVERY D1 Board granted approval to ratify the Contract with Seatech of the Florida Keys, Inc. to repair the Big Pine Key Library following mold remediation in that building. Project will be funded by the infrastructure sales tax. D2 Board granted approval to ratify the Contract, approved by the Administrator, for mold and mildew remediation in the Monroe County Sheriffs' Office Headquarters Building on Stock Island. The contract for mold remediation is with All Keys Cleaning and Restoration, Inc. in the amount of $248,772.92. Project contract has a Hurricane Tracking Number of 58334. D3 Board granted approval of the emergency equipment rental to maintain indoor environmental air quality at MCSO Administration Building. Total rental price of air scrubbing and dehumidifier units is $99,290.00 for five months. 4 1Page 0_1 2 2 18 D4 Board granted approval of nine Contracts with Global Disaster Recovery, Inc. for the completion of mold and mildew remediation, as a result of Hurricane Irma, in nine buildings for the total amount of $218,597.38. D5 Board granted approval to ratify the Federally Funded Sub -Award and Grant Agreement between Monroe County and Florida Division of Emergency Management for public assistance relating to Hurricane Irma and authorization for the Sr. Director of Budget and Finance to execute the attached forms and County Administrator to sign related documents including modifications to the agreement to add project worksheets to the budget and project list as obligated and as set forth in Attachment A. D6 Board granted approval to ratify three Contracts with Royal Plus, Inc. for mold remediation at three Monroe County buildings: the Ruth Ivin's Health Center in Marathon, the Big Pine Key Fire Station and the Big Coppitt Key Fire Station. All three contracts come to a total amount of $70,390.00 and are a result of Hurricane Irma. D7 Board granted approval to extend permission for Grantair Services, Inc. (d /b /a Marathon Jet Center) to temporarily use terminal and ramp space at the Florida Keys Marathon International Airport terminal building due to extensive damage caused by Hurricane Irma to their main office. This no cost and temporary approval will remain in effect until the FBO's office is repaired and /or another agreement is reached or until December 1, 2019. All other lease requirements for the FBO will remain in full effect, including rent and fuel fees. TOURIST DEVELOPMENT COUNCIL E1 Board granted approval and authorized execution of an Amendment to extend the Agreement with the City of Key West for the Smathers Beach Restroom Facility Project to September 30, 2018. E3 Board granted approval of the "At Large" appointment of Stephanie Scuderi to the Tourist Development Council District IV Advisory Committee. PLANNING & ENVIRONMENTAL, BUILDING & CODE COMPLIANCE DEPARTMENTS Kl Board granted approval and authorized execution of the 4th Amendment to Contract with Lori Lehr to extend deadlines for Community Rating System Application for Class 4 which would yield a 30% discount for National Flood Insurance Policy holders (estimated savings amount $5.3 million annually) on their flood insurance beginning after their renewal date, following October 2019. K3 Board granted approval of the confirmation of Emily Schemper - Douma, as Acting Sr. Director of Planning and Environmental Resources, effective April 9, 2018. K5 Board adopted the following Resolution prioritizing local applications for the 2018 Transportation Alternatives Program to provide projects to be funded in the 2024 Florida Department of Transportation Work Plan. Rowell's Waterfront Park (multi -use path/trail with parking lot and restrooms to connect to the Florida Keys Overseas Heritage Trail) for S1, 150,000.00 and was ranked 41. RESOLUTION NO. 111 -2018 Said Resolution is incorporated herein by reference. 5 1Page 0_1 21 2 18 WASTEWATER ISSUES M1 Board granted approval and authorized execution of a Contract with KW Resort Utilities to complete connection points for the remaining 18 South Stock Island customers included within the capacity purchased by the County under the 2002 Capacity Reservation Contract with the Utility. SHERIFF'S OFFICE N1 Board granted approval of the Request for Expenditure from the Law Enforcement Trust Funds, as follows: $25,000.00 Take Stock in Children: to support "scholarships, mentors, projects and events" and to provide state - matching scholarships for low - income families and support the leadership camp experience at the Sheriff's Youth Ranch. COMMISSIONERS' ITEMS 01 Board granted approval of Mayor Rice's appointment of Sally Cherry to the Library Advisory Board to represent District 4, to fulfill the term of Katie Scott, with a term expiring January 17, 2022. COUNTY CLERK P1 Board granted approval to dispose of BOCC grants, accounts payable, payroll records, cash receipts and TDC accounts payable records per attached itemized list. Fiscal Years include 2001 -2013. Said list is incorporated herein by reference. P2 Board granted approval BOCC Warrants (Including Payroll) for the month ending February 28, 2018, 10033189- 10034426(AP), 50003881 - 50003969 (PR), 3091592- 3092735 (PR Voucher), 23017- 23110 (WC), as follows: 001 General Fund, in the amount of $2,262,831.86; 100 Affordable Housing Programs, in the amount of $3,763,301.48; 101 Fine & Forfeiture Fund, in the amount of $287,556.99; 102 Road & Bridge Fund, in the amount of $283,284.85; 115 TDC District Two Penny, in the amount of $455,845.16; 116 TDC Admin & Promo 2 Cent, in the amount of $1,007,055.49; 117 TDC District 1,3 Cent, in the amount of $1,035,583.67; 118 TDC District 2,3 Cent, in the amount of $20,771.96; 119 TDC District 3,3 Cent, in the amount of $26,111.60; 120 TDC District 4,3 Cent, in the amount of $76,452.49; 121 TDC District 5,3 Cent, in the amount of $155,769.20; 125 Gov Fund Type Grants, in the amount of $683,788.43; 141 Fire & Amb Dist 1 L &M Keys, in the amount of $425,330.20; 147 Uninc Svc Dist Parks &Rec, in the amount of $59,619.03; 148 Plan, Build, Zoning, in the amount of $197,722.14; 149 Municipal Policing, in the amount of $555,679.74; 150 E911 Enhancement Fund, in the amount of $36,292.56; 152 Duck Key Security Dist, in the amount of $19,294.41; 157 Boating Improvement Fund, in the amount of $7,737.72; 158 Misc Special Revenue Fund, in the amount of $43,603.96; 160 Environmental Restoration, in the amount of $59,252.66; 163 Court Facilities, in the amount of $5,780.50; 164 Drug Facilities Fees, in the amount of $13,801.99; 168 Bay Point Wastewater MSTU, in the amount of $166.29; 171 Stock Island Wastewater, in the amount of $ 1,420.37; 175 Long Key Wastewater, in the amount of $526.93; 180 Building Funds, in the amount of $264,388.11; 207 2003 Revenue Bonds, in the amount of $65,000.00; 304 1 Cent Infra Surtax, in the amount of $422,547.28; 308 Infrastructure Sales Tax Revenue Bond, in the amount of $107.33; 310 Big Coppitt Wastewater, in the amount of $4,743.83; 311 Duck Key Wastewater, in the amount of $166.29; 312 Cudjoe Regional WW Proj, in the amount of $9,283.71; 314 Series 2014 Revenue Bonds, in the amount of $110,775.50; 316 Land Acquisition, in the amount of $51,450.00; 401 Card Sound Bridge, in the amount of $22,068.93; 403 Marathon Airport, in the amount of $118,828.86; 404 Key West Intl Airport, in the amount of $767,474.96; 406 PFC & Operating Restrictions, in the amount of $3,495,861.08; 414 MSD Solid Waste, in the amount of $5,468,229.84; 501 Worker's Compensation, in the amount of $285,441.53; 502 Group Insurance Fund, in the amount of $1,393,893.03; 503 Risk 61 Page 0_1 2 1 '2 0 1 8 Management Fund, in the amount of $187,356.97; 504 Fleet Management Fund, in the amount of 5129,956.56; 610 Fire /EMS LOSAP Trust Fund, in the amount of $2,655.00. P3 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. P4 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. P5 Board granted approval of Tourist Development Council expenses for the month of February 2018, as follows: Advertising, in the amount of $2,029,941.43; Bricks & Mortar Projects, in the amount of $250,103.44; Events, in the amount of $233,672.91; Office Supplies & Operating Costs, in the amount of $22,397.78; Public Relations, in the amount of $34,260.53; Sales & Marketing, in the amount of $44,598.72; Telephone & Utilities, in the amount of $14,982.27; Travel, in the amount of $15,061.27; Visitor Information Services, in the amount of $103,226.02. COUNTY ADMINISTRATOR QI Board granted approval of County Administrator's Monthly Report for March 2018. Said report is incorporated herein by reference. Q2 Board granted approval and authorized execution of a no -cost time extension under Amendment No. 1, to a Contract with Michael Baker International, Inc. for professional mobile LiDAR elevation, surveying and mapping services for County roads and facilities. Q3 Board granted approval and authorized execution of an Interlocal Agreement with Broward County to provide three years of financial support to the Southeast Florida Regional Climate Change Compact in an amount of $50,000.00 per year, totaling 5150,000.00 over 3 years; and to authorize the Office of County Attorney to make minor non - substantive edits to the subject agreement with review and approval as to form, in case minor edits or clarifications become necessary. COUNTY ATTORNEY R2 Board granted approval of the rescission of Fifth Amendment to Agreement with the law firm of Johnson, Anselmo, Murdock, Burke, Piper & Hochman PA approved on December 13, 2017, and granted approval and authorized execution of a new revised Fifth Amendment to Agreement with Johnson, Anselmo, Murdock, Burke, Piper & Hochman, PA retroactive to October 1, 2017, to increase partner billing rates by $5.00/hour, from $170.00 to $175.00, in line with rate increase approved by Florida Municipal Insurance Trust for attorneys handling property and liability claims. R3 Board granted approval of the rescission of First Amendment to Professional Services Agreement with the law firm of Barnett, Bolt, Kirkwood, Long & Koche approved by the Board of County Commissioners on December 13, 2017, and granted approval and authorized execution of new First Amendment to Professional Services Agreement, to correct the hourly rate for one attorney. PROJECT MANAGEMENT U1 Board granted approval and authorized execution of a Site Access Agreement with Florida Department of Environmental Protection (FDEP) and a subsequent Site Access Agreement with the 7 1Page 0_1 2 2 18 FDEP selected contractor for petroleum contamination assessment and cleanup at the Plantation Key Courthouse Campus. Motion carried unanimously. SOUNDING BOARD T2 Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to re -open the agenda. Motion carried unanimously. Bob Shillinger, County Attorney, addressed the Board. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Neugent to change Item T2 discussion of permit fee waivers for homeowners who received substantial damage letters to Item D9 for discussion and direction concerning permitting fees. Motion carried unanimously. MISCELLANEOUS BULK APPROVAL C10 Motion was made by Commissioner Kolhage and seconded by Commissioner Carruthers to adopt the following Resolution authorizing submission of an application, "Jail In -House Program for Men ", to the Florida Department of Law Enforcement for funding under the Residential Substance Abuse Treatment Program; a Federal Grant Program for substance abuse treatment programs in local correctional and detention facilities and approval to authorize the Mayor to execute acceptance of award and related documents. Roll call vote carried unanimously, with Mayor Rice abstaining due to a conflict. RESOLUTION NO. 112 -2018 Said Resolution is incorporated herein by reference. HURRICANE IRMA RECOVERY D8 Tina Boan, Sr. Director Budget & Finance, made a Power Point Presentation to the Board on Hurricane Irma Finance Activity by the Office of Management and Budget. Adam Ferguson, subcontractor to Adjusters International, addressed the Board. Roman Gastesi, County Administrator; Don DeGraw, Director of Airports; Leah Padron, Deputy Regional Director representing Senator Marco Rubio's Office; and Cary Knight, Interim Director of Project Management, addressed the Board. The Board took no official action. TOURIST DEVELOPMENT COUNCIL E2 Motion was made by Commissioner Carruthers and seconded by Commissioner Murphy granting approval of the "At Large" appointment of Alan Eckstein to the Tourist Development Council District I Advisory Committee. Motion carried unanimously. PROJECT MANAGEMENT Il Mr. Shillinger addressed the Board concerning direction on the potential transfer of the Islamorada Chamber of Commerce sublease with the County to the Matecumbe Historical Trust Corporation pending approval from Florida Department of Transportation. The sublease covers the parcel of land where the "red caboose" is currently located. The following individuals addressed the Board: Henry Rosenthal, representing Matecumbe Historical Trust; and Angel Borden. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Carruthers that the lease remains in the care of the County with a lease to the Matecumbe Historical Trust to year 2030. Motion carried unanimously. 81 Page 0_1 2 1 '2 0 1 8 ENGINEERING Jl Kevin Wilson, Assistant County Administrator and Judith Clarke, Director Engineering Services /Roads & Bridges, addressed the Board concerning direction to set the toll rate for the Card Sound Toll to be effective upon implementation of the all electronic tolling (AET) system on June 2, 2018. The following individuals addressed the Board: Claude Kershner, representing Ocean Reef Chamber; Laura Ciampa, representing Ocean Reef Club; Brad Copeland, and David Ritz, representing Ocean Reef Community Association. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Neugent to charge $0.75 per axle for two axles; $1.00 per axle for vehicles with greater than two axles; rebate program will be 40% discounted; the threshold will be 28 one way (OW) trips per month; and to include a CPI adjustment going forward. Roll call vote carried unanimously. J2 Ms. Clarke introduced Kevin Schot, RLA, FDOT Landscape Architect, who made a power point presentation to provide an update on current landscaping projects in Monroe County. The following individual addressed the Board: Dottie Moses, representing Island of Key Largo Federation of Homeowner's Association. The Board took no official action. LEGISLATIVE AFFAIRS U2 Lisa Tennyson, Director of Legislative Affairs introduced Representative Holly Raschein and Senator Anitere Flores who gave a report on the 2018 State Legislative session. The vacation rental bill did not pass. Monroe County received allocations for the following: $5.9 million for the EOC; $15 million for affordable housing; $10 million for the Florida Keys Stewardship Act ($5 million for land acquisition; and $5 million for water projects). Funding for FKCC classroom and storm shelter renovations; Mote Marine; mobile vessel pump out; additional gap funding for FKCC, AHEC and MARC. Monroe County will receive $5 million for Florida Forever. State -wide funding is as follows: $100 million for Florida Forever; $76 million for visit Florida since tourism is the number one industry; $293 million for Everglades' restoration; and $1 million to FWC to combat the lionfish invasion. The Cardiac Program Bill passed, that was specifically for Lower Keys Medical Center, to provide level one cardiac catheterization services; the term limits bill for the Florida Keys Mosquito Control District passed; and the Constitutional Revisions will be on the ballot this November. COMMISSIONER'S ITEMS Commissioner Neugent excused himself from the meeting. 02 Mr. Shillinger and Christine Hurley, Assistant County Administrator, addressed the Board concerning direction to staff to develop a policy for lots /parcels acquired for density reduction purposes. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Carruthers directing staff, in combination with the Land Authority, to bring back some policy choices, options and recommendations. Motion carried unanimously, with Commissioner Neugent not present. Commissioner Neugent returned to the meeting and took his seat. SOUNDING BOARD T1 Laura Reynolds, Founding and Managing Member of Conservation Concepts, LLC, addressed the Board concerning Florida Power & Light. The following individuals addressed the Board: David Ritz, representing Ocean Reef Community Association; Michael Sole, representing Florida Power & Light; 91 Page 0_1 2 1 '2 0 1 8 Steven Schoedinger, Bonnie Rippingille, and Jim Leenhouts. Mr. Shillinger and Mr. Gastesi addressed the Board. Board discussed this item later in day under the County Administrator's report. CLOSED SESSION LI Mr. Shillinger announced an Attorney- Client Closed Session in the matter ofAshBritt, Inc. v. Monroe County, FL and Florida Department of Transportation, Case No. CA-K-1 7-802 and read the required language into the record. Mr. Shillinger advised that the following persons would be present at the meeting: the County Commissioners, County Administrator Roman Gastesi, County Attorney Bob Shillinger, Assistant County Attorney Chris Ambrosio and a certified court reporter. Mayor Rice declared the open session of the meeting closed. After the closed session, the meeting was re- opened. STAFF REPORTS FI Ms. Tennyson advised the Board that she and Mr. Gastesi will be going to D.C. on Thursday and Friday (March 22 & 23) to try to secure funds from federal agencies for canal cleanup and recovery; and, to speak on issues related to FEMA. F2 Laura DeLoach- Hartle, Finance & Shared Services Manager, updated the Board on the Human Services Advisory Board (HSAB). Ms. DeLoach - Hartle advised the Board that May 20, 2018 is the application deadline for the HSAB funding. PLANNING & ENVIRONMENTAL, BUILDING & CODE COMPLIANCE DEPARTMENTS K2 Ms. Hurley addressed the Board concerning approval of Amendment No. 6 with MT Causley, Private Provider of Building, Flood, Planning, and Environmental contract employees increasing their total maximum annual contract amount to $1,500,000.00 and adding an hourly rate for Unsafe Structure, Code Compliance Inspector. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Neugent granting approval and authorizing execution of the item. Motion carried unanimously. K4 Ms. Hurley addressed the Board concerning approval of a Resolution by the Monroe County Board of County Commissioners temporarily waiving the inclusionary housing requirements of Section 139 -1(b) of the Monroe County Land Development Code on an emergency basis until March 21, 2020 for like repair, redevelopment or replacement; or for units coming into compliance with building, flood, and land development codes, of existing residential dwelling units that were damaged or destroyed as a result of Hurricane Irma. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 113 -2018 Said Resolution is incorporated herein by reference. COMMISSIONER'S ITEMS 03 Ms. Hurley and Mr. Shillinger addressed the Board concerning direction to staff to purchase a parcel in Big Pine, which has a ROGO allocation, as a possible alternate site for the three approved tiny house prototype projects. The following individual addressed the Board: Dotti Moses, representing Island of Key Largo Federation of Homeowner's Association. After discussion, motion was made by 10 ) Page 0_I 2 1 '2 0 1 8 Commissioner Carruthers and seconded by Commissioner Kolhage directing the Land Authority to seek out properties where the structure was destroyed, but there remains a ROGO, to look at those properties for acquisition, to replace with affordable housing, subject to the availability of funds. Motion carried unanimously. After further discussion, motion was made by Commissioner Murphy and seconded by Commissioner Neugent to add the Key Largo site (February 21, 2018, Item D3, Option 1, 39 Jenny Lane, as a site for "Tiny Home " / Code Compliant Small Modular Units). Motion carried unanimously. PUBLIC HEARINGS Commissioner Neugent excused himself from the meeting. Sl A Public Hearing was held to consider approval of an Ordinance authorizing the use of electronic signatures and electronic records. There were no public speakers. Motion was made by Commissioner Murphy and seconded by Commissioner Kolhage to adopt the following Ordinance. Motion carried unanimously, with Commissioner Neugent not present. ORDINANCE NO. 005 -2018 Said Ordinance is incorporated herein by reference. S2 A Public Hearing was held to consider approval of an Ordinance approving payment for hotel rooms used by Monroe County employees and employees of the Mosquito Control District and Sheriffs Office during Hurricane Irma at the Hilton Garden Inn, 24 North and Playa Largo; providing for severability; and providing for filing and an 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, with Commissioner Neugent not present. ORDINANCE NO. 006 -2018 Said Ordinance is incorporated herein by reference. S3 A Public Hearing was held to consider approval of a Resolution for Budget Amendments for Fiscal Year 2018 for the One Cent Infrastructure Sales Tax, Fund 304; 2007 Revenue Bond, Fund 308; Big Coppitt Wastewater Project, Fund 310; 2014 Revenue Bond, Fund 314; and Stock Island MSTU, Fund 171. There were no public speakers. Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to adopt the following Resolution. Motion carried unanimously, with Commissioner Neugent not present. RESOLUTION NO. 114 -2018 Said Ordinance is incorporated herein by reference. Commissioner Neugent returned to the meeting and took his seat. S4 A Public Hearing was held to consider adoption of a proposed Ordinance for the Property Assessed Clean Energy (PACE) Program; and providing for an effective date. Pedro Mercado, Assistant County Attorney; and Mr. Shillinger addressed the Board. The following individual addressed the Board: Erin Deady, representing the PACE industry. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to adopt the following Ordinance. Roll call vote was taken with the following results: 111Page 0_I 21 2 018 Commissioner Carruthers Yes Commissioner Kolhage No Commissioner Murphy Yes Commissioner Neugent Yes Mayor Rice Yes Motion carried. ORDINANCE NO. 007 -2018 Said Ordinance is incorporated herein by reference. HURRICANE IRMA RECOVERY D9 Inga Cabral addressed the Board concerning permitting fees. Ms. Hurley, Mr. Shillinger, and Ms. Boan addressed the Board. The Board took no action. PROJECT MANAGEMENT Commissioner Murphy excused herself from the meeting. U3 Mr. Shillinger requested that the Board postpone the following item to the April meeting due to a public record issue: Approval of a Contract with Burke Construction Group, Inc. for the construction of the new Marathon Library and Adult Education Center. Burke Construction Group is the lowest responsible and responsive bidder in the amount of $5,794,995.00. This project is funded through the one cent infrastructure sales surtax. Motion was made by Commissioner Kolhage and seconded by Commissioner Carruthers to postpone the item. Motion carried unanimously, with Commissioner Murphy not present. U4 Mr. Shillinger requested that the Board postpone the following item to the April meeting due to a public record issue: Approval of a Contract with Burke Construction Group, Inc. for the construction of the new Cudjoe Fire Station 411. Burke Construction Group is the lowest responsible and responsive bidder in the amount of $3,845,587.00. This construction is funded by the one cent infrastructure sales surtax. Motion was made by Commissioner Carruthers and seconded by Commissioner Kolhage to postpone the item. Motion carried unanimously, with Commissioner Murphy not present. Commissioner Murphy returned to the meeting and took her seat. COUNTY ADMINISTRATOR Ql Mr. Gastesi and Mr. Shillinger addressed the Board concerning FPL Cooling Canal System. The following individuals addressed the Board: Laura Reynolds, Southern Alliance for Clean Energy; and Steve Scroggs, representing Florida Power & Light. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Murphy to send a letter in support of the three positions that are in the Florida Keys Aqueduct Authority's public service announcement: 1. Halt movement and remediate the existing underground hyper saline plume it created; and 2. Prevent any further contamination of the Biscayne Aquifer by its operations; and 3. Decommission the cooling canal system and replace them with cooling towers, which is a more modern and industry - standard technology that will prevent any potential water supply contamination. Roll call vote carried unanimously. 12 ) Page 0_1 2 1 20 1 8 COUNTY ATTORNEY RI Mr. Shillinger referred the Board to the County Attorney Report for March 2018. Mr. Shillinger requested approval to hold an Attorney- Client Closed Session in matter of Marine Mammal Conservancy, Inc. Case 18- 105- 94 -LMI (pending in US Bankruptcy Court, Southern District of Florida, Miami Division) at the regularly scheduled BOCC meeting on April 19, 2018 in Marathon, 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 Carruthers and seconded by Commissioner Kolhage to hold the closed session. Motion carried unanimously. Mr. Shillinger requested approval to hold an Attorney- Client Closed Session in matter of KW Resort Utilities Rate Application, Docket #2017 -0141 SU at the regularly scheduled BOCC meeting on April 19, 2018 in Marathon, 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 Carruthers and seconded by Commissioner Kolhage to hold the closed session. Motion carried unanimously. Mr. Shillinger advised the Board that the Keynoter and Reporter newspapers are going to stop publishing a written newspaper by the end of this month. Board directed staff to study alternative ways of publishing notices and to bring back recommendations for the Boards consideration. 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 131 Page 0_1 2 1 '2 0 1 8