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04/19/2018 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Thursday, April 19, 2018 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 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 Neugent and seconded by Commissioner Carruthers granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried unanimously. BULK APPROVALS Motion was made by Commissioner Neugent and seconded by Commissioner Carruthers granting approval of the following items by unanimous consent: C2 Board granted approval and authorized execution of State of Florida, Department of Transportation (FDOT) Joint Participation Agreement for Grant Contract GOU78 providing 51,500,000.00 in FDOT funding for Florida Keys Marathon International Airport Land Acquisition, to be funded 80% FDOT and 20% Airport Operating Funds 403. C3 Board granted approval and authorized execution of State of Florida, Department of Transportation (FDOT) Agreement Number 1 for Grant Contract GOR04 providing an additional $40,000.00 in FDOT funding for Building and Security Improvements at the Key West International Airport, to be funded 50% FDOT and 50% Airport Operating Fund 404. C4 Board granted approval and authorized execution of a Second Amendment to the Lease with Marathon Landing & Flying Club, Inc., adding 6,250 square feet of leasehold space for paving between the hangar and taxiway. Hangar rent will increase by $750.00 annually; and, on January 1, 2034 the rent will be set at Fair Market Value (FMV). The lease term will be extended by ten (10) years to December 10, 2048. The increased rent from the FMV reset date being advanced four years earlier and the increased leased land will result in approximately $36,000.00 of additional revenue to Monroe County Airports. C5 Board granted approval and authorized execution of a First Amendment to the Lease with Islands Flying Club, Inc., adding 2,000 square feet of leasehold space for paving between the hangar and the taxiway. Hangar rent will increase by $240.00 annually; and, on December 1, 2024 the rent will be set at Fair Market Value (FMV). The lease term will be extended by (10) ten years to November 18, 2038. The increased rent from FMV reset date being advanced four years earlier and the increased leased land will result in approximately $26,500.00 of additional revenue to Monroe County Airports. I I Page 04 19 20 1 8 C6 Board granted approval of the revised Purchasing Policy which includes changes that are necessary due to the recent change in newspaper publications and other clarifications as noted in detail in the item background. Said changes are incorporated herein by reference. C7 Board adopted the following Resolution, of a Florida Department of Transportation Small County Outreach Program Grant Agreement, to fund both the construction and construction engineering and inspection phases of the Stock Island II Roadway Improvements Project (Maloney and MacDonald Avenues). The grant provides 51,995,000.00 (75 %) with a local match requirement of $665,000.00 (25 %). Estimated project amount is $2,660,000.00. RESOLUTION NO. 115 -2018 Said Resolution is incorporated herein by reference. C8 Board granted approval and authorized execution of a UASI FY 2017 Memorandum of Agreement with the City of Miami, concerning a United States Department of Homeland Security Office of Grants and Training Grant, through the State of Florida Division of Emergency Management Sub -grant Agreement 4 17- DS- X3- 11- 23 -02- , in the amount of $91,591.56, with no County match required; and authorization for the County Administrator to execute any other required documentation in relation to the application process and execution of the agreement. C9 Board granted approval for submission of a Department of State, Division of Historical Resources Grant Application by Project Management for funding of a project to re -roof and provide a dry enclosure of the historical jail within Jackson Square in Key West. The special category grant in the amount of $500,000.00 will provide 50% funding with Monroe County affirming its ability to provide 50% matching funds. C10 Board granted approval for submission of a Department of State, Division of Historical Resources Grant Application by Project Management for funding of a project to update the 1994 Historic Structures Report for Pigeon Key. The Historic Structures Report becomes the foundation for future special category grant applications. The special category small matching grant in the amount of $50,000.00 will provide 50% funding with Monroe County affirming its ability to provide 50% matching funds. C11 Board granted approval to utilize and implement the Guaranteed Maximum Price from Biltmore Construction Co., Inc., Construction Manager at Risk proposal for the construction of the Plantation Key Government Center and Roth Building Wastewater Treatment Plant Replacement and Abandonment Project. This project is funded by infrastructure sales surtax in the amount of $783,765.00. C12 Board granted approval and authorized execution of Amendment 5 to Agreement with Buccaneer Courier to provide for an annual CPI -U adjustment of 2.1% effective March 16, 2018. C13 Board granted approval and authorized execution of a Second Amendment to the Consultant Agreement for Professional Architectural and Engineering Services with Bender & Associates Architects, P.A. to include required federal contract provisions. This amendment also establishes a timeline for consultant's performance and cost estimating requirements. C14 Board granted approval and authorized execution of a Second Amendment to the Consultant Agreement for Professional Architectural and Engineering Services with Amec Foster Wheeler Environment & Infrastructure, Inc. to include required federal contract provisions. This amendment also establishes a timeline for consultant's performance and cost estimating requirements. 21Pa g e 04 19 20 18 C15 Board granted approval and authorized execution of a Second Amendment to the Consultant Agreement for Professional Architectural and Engineering Services with Bermello, Ajamil & Partners, Inc. to include required federal contract provisions. This amendment also establishes a timeline for consultant's performance and cost estimating requirements. C16 Board granted approval and authorized execution of a Second Amendment to the Consultant Agreement for Professional Architectural and Engineering Services with Currie Sowards Aguila Architects, Inc. to include required federal contract provisions. This amendment also establishes a timeline for consultant's performance and cost estimating requirements. C17 Board granted approval and authorized execution of a Second Amendment to the Consultant Agreement for Professional Architectural and Engineering Services with William P. Horn, Architect, P.A., to include required federal contract provisions. This amendment also establishes a timeline for consultant's performance and cost estimating requirements. C18 Board granted approval and authorized execution of a Second Amendment with K2M Design, Inc. to include required federal contract provisions. This amendment also establishes a timeline for consultant's performance and cost estimating requirements. C19 Board granted approval and authorized execution of a Second Amendment to the Consultant Agreement for Professional Architectural and Engineering Services with Pike Architects, Inc., to include required federal contract provisions. This amendment also establishes a timeline for consultant's performance and cost estimating requirements. C20 Board accepted the report of monthly Change Orders for the month of March 2018, reviewed by the County Administrator /Assistant Administrator. Said report is incorporated herein by reference. C21 Board granted approval and authorized execution of a First Amendment to the Continuing Professional Engineering and Surveying Services Agreement with Avirom and Associates, Inc. to revise the public records compliance language, includes required federal contract provisions, and establish a timeline for performance and cost estimating requirements. C22 Board granted approval and authorized execution of a First Amendment to the Continuing Professional Engineering and Surveying Services Agreement with CPH, Inc., to revise the public records compliance language, include required federal contract provisions, and establish a timeline for performance and cost estimating requirements. C23 Board granted approval and authorized execution of a First Amendment to the Continuing Professional Engineering and Surveying Services Agreement with CSA Central, Inc., to revise the public records compliance language, include required federal contract provisions, and establish a timeline for performance and cost estimating requirements. C24 Board granted approval and authorized execution of a First Amendment to the Continuing Professional Engineering and Surveying Services Agreement with F. R. Aleman and Associates, Inc., to revise the public records compliance language, include required federal contract provisions, and establish a timeline for performance and cost estimating requirements. C25 Board granted approval and authorized execution of a First Amendment to the Continuing Professional Engineering and Surveying Services Agreement with Florida Keys Land Surveying, LLC, to revise the public records compliance language, include required federal contract provisions, and establish a timeline for performance and cost estimating requirements. 3 1Page 04 19 20 18 C26 Board granted approval and authorized execution of a First Amendment to the Continuing Professional Engineering and Surveying Services Agreement with Perez Engineering and Development, Inc., to revise the public records compliance language, include required federal contract provisions, and establish a timeline for performance and cost estimating requirements. C27 Board granted approval and authorized execution of a First Amendment to the Continuing Professional Engineering and Surveying Services Agreement with Thompson Youngross Engineering Consultants, LLC, to revise the public records compliance language, include required federal contract provisions, and establish a timeline for performance and cost estimating requirements. C28 Board granted approval to advertise for a Public Hearing to consider adoption of an Ordinance revising Section 19 -4 of the Monroe County Code to revise the toll rates and discount programs for Card Sound Road Toll. C29 Board granted approval to purchase, through Florida Sheriffs Association Contract (FSA -16- VEF- 12.0), a Pierce Sky Boom Aerial Truck, and approval to purchase options from the manufacturer on a sole - source basis at a price of $643,305.00; and approval for the Fire Chief to execute all necessary documentation. C30 Board adopted the following Resolutions for the Transfer of Funds and for the Receipt of Unanticipated Revenue: Receipt of Unanticipated Funds (OMB Schedule Item No. 1). RESOLUTION NO. 116 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 2). RESOLUTION NO. 117 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 3). RESOLUTION NO. 118 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 119 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 5). RESOLUTION NO. 120 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 121 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 122 -2018 Said Resolution is incorporated herein by reference. 41Pa g e 04 19 20 18 Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 123 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 9). RESOLUTION NO. 124 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 125 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 126 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 127 -2018 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 128 -2018 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 14). RESOLUTION NO. 129 -2018 Said Resolution is incorporated herein by reference. HURRICANE IRMA RECOVERY D2 Board granted approval of the ratification of a Lease Agreement for three additional single wide trailers for one year rental each, and the addition of a single metal landing to be added to the set -up of the original trailers for MCSO Personnel. Total cost is $33,013.89. TOURIST DEVELOPMENT COUNCIL E1 Board granted approval and authorized execution of an Amendment to extend Agreement with the Dolphin Research Center, Inc. for the Guest Restroom /Changing Room Project to September 30, 2019. E2 Board granted approval and authorized execution of an Amendment to extend Agreement with the Dolphin Research Center, Inc. for the Welcome Center Generator Project to September 30, 2019. E3 Board granted approval and authorized execution of an Amendment to extend Agreement with Dolphin Research Center, Inc. for the Tiki Thatching and Platforms Project to September 30, 2019. E4 Board granted approval and authorized execution of an Amendment to extend Agreement with Dolphin Research Center, Inc. for the Welcome Center Project to June 30, 2018. 5 1Page 04 19 20 18 E5 Board granted approval and authorized execution of an Amendment to extend Agreement with the Dolphin Research Center, Inc. for the ADA Parking, Walkway, Landscaping and Fencing of Welcome Center Project to June 30, 2018. E6 Board granted approval and authorized execution of an Amendment to extend Agreement with Pigeon Key Foundation, Inc. for the Pigeon Key Roof Replacement - Assistant Bridge Tenders Quarters Project to March 31, 2019. E7 Board granted approval and authorized execution of an Amendment to extend Agreement with City of Key West for the Truman Waterfront Park Amphitheater and Public Parking Project to June 30, 2018. PLANNING & ENVIRONMENTAL, BUILDING & CODE COMPLIANCE DEPARTMENTS 12 Board granted approval and authorized execution of Amendment No. 2 to Lease No. 4549 between Monroe County and the State of Florida for the management of certain state owned conservation lands. I3 Board granted approval to re- appoint Mr. Charles E. Miller (Charlie), CGCO23830, to one additional three -year term to the Contractors' Examining Board beginning April 19, 2018 through April 19, 2021 as second alternate voting member. I5 Board granted approval to advertise a Public Hearing to consider adoption of an Ordinance amending Section 8 -3(a) of the Monroe County Code which authorizes Code Compliance officers to issue citations for unlicensed contractor activity to include authorization for the specific Building Department employee to enforce unlicensed activity and to issue citations, to be held May 16, 2018 in Key West, FL at 3:00 p.m. or as soon thereafter may be heard. WASTEWATER ISSUES Kl Board granted approval and authorized execution of an 11th Amendment to the Cudjoe Regional Wastewater System Interlocal Agreement (ILA) with Florida Keys Aqueduct Authority increasing the amount of the ILA project amount by $7.2 million to a total of $203.7 million. SHERIFF'S OFFICE L1 Board granted approval of the Request for Expenditure from Law Enforcement Trust Funds, as follows: $2,000.00 Key West FL -SER -462 Civil Air Patrol: to support aerospace /STEM flight orientation in CAP Airplanes education program for under 18 year old cadets and the Civil Air Patrol mission to support America's communities with emergency response, diverse aviation and ground services, youth development and promotion of air, space and cyber power. L2 Board granted approval of the Request for Expenditure from Law Enforcement Trust Funds, as follows: $500.00 Key West High School Operation Graduation 2018: to help cover expenses for the all -night event that provides a safe, drug, and alcohol free celebration to recognize the achievements of our graduating seniors. 61Pa g e 04 19 20 18 COMMISSIONERS' ITEMS MI Board granted approval of Commissioner Murphy's appointment of Jerry Lorenz, replacing Michelle Robinson who resigned, to the Climate Change Advisory Committee, with a term expiration of October 1, 2010. M3 Board granted approval of Commissioner Kolhage's appointment of Nathaniel Harris, replacing Tom Nelson, to the KWIA Ad Hoc Committee on Noise. M4 Board granted approval of Commissioner Kolhage's appointment of Theresa L. Calhoun, replacing Amy Kehoe, to the KWIA Ad Hoc Committee on Noise. COUNTY CLERK N1 Board granted approval of minutes from the regular meetings of January 17, 2018 and February 21, 2018. Said minutes are incorporated herein by reference. N2 Board granted approval of Tourist Development Council expenses for the month of March 2018, as follows: Advertising, in the amount of $2,863,637.15; Bricks & Mortar Projects, in the amount of $407,556.76; Events, in the amount of $189,209.49; Office Supplies & Operating Costs, in the amount of $37,656.17; Personnel Services, in the amount of $271,404.20; Public Relations, in the amount of $169,103.90; Sales & Marketing, in the amount of $63,063.28; Telephone & Utilities, in the amount of $15,829.70; Travel, in the amount of $31,428.70; Visitor Information Services, in the amount of $95,126.02. N3 Board granted approval BOCC Warrants (Including Payroll), for the month ending March 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 71Pa g e 04 19 20 18 Compensation, in the amount of $285,441.53; 502 Group Insurance Fund, in the amount of 51,393,893.03; 503 Risk Management Fund, in the amount of 5187,356.97; 504 Fleet Management Fund, in the amount of $129,956.56; 610 Fire /EMS LOSAP Trust Fund, in the amount of $2,655.00. N4 Board granted approval to declare fixed assets as surplus and allow for disposal. Said list is incorporated herein by reference. N5 Board granted approval to declare vehicles surplus and allow them to be advertised for sale. Said list is incorporated herein by reference. N6 Board granted approval to transfer assets to another department within the County. Said list of transfers is incorporated herein by reference. COUNTY ADMINISTRATOR 02 Board granted approval and authorized execution of an Agreement with Crime Stoppers of Miami -Dade County, Inc. (CS) for a three year period authorizing CS to apply for grants available for use in Monroe County. 03 Board granted approval and authorized execution of Consent to Assignment Agreement for federal legislative and lobbying services to Thorn Run Partners effective March 12, 2018 (maintaining same lobbying representative Greg Burns). COUNTY ATTORNEY P3 Board granted approval of the appointment of Commissioner Kolhage to serve as a substitute member for the Monroe County Canvassing Board for the 2018 primary and general elections. P4 Board granted approval and authorized execution of a Mediation Agreement for a Code Compliance Lien Foreclosure case styled, Monroe County v. Jose Lima and Maribel Reyes, Circuit Court Case No.: 17- CA -28 -P, regarding real property located at 786 Dolphin Ave., Key Largo, FL 33037. P5 Board granted approval to negotiate a Contract with a law firm consortium led by Morgan & Morgan, to serve as outside litigation counsel for litigation arising out of the opioid epidemic, in response to a recently- issued Request for Proposal. If successful negotiations cannot be reached, approval is requested to negotiate a contract with the next highest ranked respondent until successful negotiations are reached. And granted approval for the County Attorney to sign all necessary agreements. P6 Board granted approval of the purchase of a General and Professional Liability Insurance Policy with Lloyds of London/Greenhill Insurance Company for Bayshore Manor, and for the Risk Administrator to sign all necessary forms. P7 Board granted approval to accept Marsh USA proposal and renew Property Insurance from Lloyds of London Ins. Co., and Landmark American Ins. Co., Hiscox Insurance Co., and Boiler and Machinery Insurance from Hartford Steam Boiler Ins. Co., and for the Risk Administrator to execute all necessary forms. SOCIAL SERVICES S1 Board granted approval and authorized execution of 1st Amendment to Agreement 417 -18 between Tranquility Bay Adult Day Care and Monroe County Board of County Commissioners/Monroe 81Pa g e 04 19 20 18 County Social Services to provide facility based respite and caregiver services to elderly and /or disabled Monroe County residents to increase the "not to exceed amount" from $50,000.00 to $80,000.00 for the contract period ending June 30, 2018. (Social Services April 4, 2018 44103 — routed after draft agenda generated for SMT.) HURRICANE IRMA RECOVERY S3 Board granted approval and authorized execution of State of Florida, Department of Transportation (FDOT), Supplemental Joint Participation Agreement Number 1 for Building and Security Improvements Grant Contract GOQ40 for the Florida Keys Marathon International Airport revising the scope of work to include repair, replacement and remediation of airport facilities negatively impacted by Hurricane Irma, including planning, permitting, design, and construction. All work to be funded 80% FDOT and 20% Airport Operating. COUNTY ATTORNEY S4 Board accepted the reports and approved the minutes from public meetings held on April 4, 2018 with Senator Rubio; April 6, 2018 with the South Florida Water Management District; and, April 9, 2018, with the Florida Department of Emergency Management Director. HURRICANE IRMA RECOVERY S5 Board granted approval and authorized execution of the Memorandum of Understanding with International Economic Development Council for them to conduct a Hurricane Irma Economic Recovery Business Assessment. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS C1 Bob Shillinger, County Attorney, addressed the Board concerning approval of a Contract with Burke Construction Group, Inc. for the construction of the new Cudjoe Fire Station No. 11. 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. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Neugent to reject all bids and directed staff to send the item out to bid again. Motion carried unanimously. COMMISSIONERS' ITEMS M2 Mr. Shillinger addressed the Board concerning direction to County and /or Land Authority staff regarding a request from the Florida Keys Community Land Trust (FKCLT) for financial assistance in the amount of $399,996.00 in tourist impact tax dollars for use to build four code compliant, deed restricted affordable rental homes on Big Pine Key on lots the FKCLT purchased from residents who left the keys after their homes were destroyed by Hurricane Irma. Barton Smith, Esquire, representing the FKCLT; and, Deb Gillis addressed the Board. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Carruthers granting conditional approval, and to condition the authority to present it to the Mayor, based on adequate review by the County Attorney's Office. Roll call vote carried unanimously. 91Pa g e 04 19 20 18 COUNTY ATTORNEY P8 Mr. Shillinger addressed the Board concerning approval of a Contract for purchase of a lot described as the West 70 feet of Lot 14, Conch Key Subdivision (PB 2 -130) with parcel number 00385780- 000400 for affordable housing. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Carruthers granting approval and authorizing execution of the item. Motion carried unanimously. HURRICANE IRMA RECOVERY S2 Kimberly Matthews, Sr. Director of Strategic Planning, made a Power Point Presentation of Reentry Task Force Recommendations for improvements to Monroe County Emergency Management's evacuation reentry program. Martin Senterfitt, Director of Emergency Management; Sheriff Rick Ramsay; and Roman Gastesi, County Administrator, addressed the Board. The Board took no official action. TOURIST DEVELOPMENT COUNCIL E8 Stacey Mitchell, Tourist Development Council Marketing Director, addressed the Board concerning approval of a Resolution of the Board of County Commissioners of Monroe County, Florida to authorize a percentage of unallocated capital brick and mortar funding from Fiscal Year 2018 to transfer to Fiscal Year 2019 advertising. The following individuals addressed the Board: Deb Gillis, representing Islamorada, Village of Islands; Dottie Moses, representing Island of Key Largo Federation of Homeowner's Association; and Rita Irwin, representing Dolphin Research Center. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Carruthers to approve Option 2 that provides for unappropriated funds from FY 17 for DAC I, II and V to be utilized as an additional source of funds to make up for the deficit; and, adopted the following Resolution. Roll call vote carried unanimously. RESOLUTION NO. 130 -2018 Said Resolution is incorporated herein by reference. HURRICANE IRMA RECOVERY D3 Kevin Wilson, Assistant County Administrator, and Mr. Shillinger addressed the Board concerning future plans for Blue Heron Park and its use as an after school youth center. The following individual addressed the Board: Daniel Dombroski, representing the Boys & Girls Club. Board directed staff to look into use options of the property, including whether any restrictions that may be imposed by land use restrictions on Big Pine Key or deed restrictions on the property itself and demographics of the potential uses. Staff will bring two or three options, at different levels of resources, back to the Board for consideration. CLOSED SESSIONS J2 Mr. Shillinger announced an Attorney- Client Closed Session in the matter of Marine Mammal Conservancy, Inc., Case No. 18- 10594 -LMI, United States Bankruptcy Court, Southern District of Florida, Miami Division and read the required language into the record pursuant to F.S. 286 - 011(8). 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 Attorneys Peter Morris and Steve Williams, Special Litigation Counsel Drew Dillworth and a certified court reporter. 101Page 04 19 20 18 Mayor Rice declared the open session of the meeting closed. After the closed session, the meeting was re- opened. JI Mr. Shillinger announced an Attorney- Client Closed Session in the matter of KWResort Utilities Rate Application, Florida Public Service Commission Docket No. 20170141 -SU and read the required language into the record pursuant to F.S. 286- 011(8). 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 Cynthia Hall, Special Litigation Counsels John T. LaVia and Robert Scheffel Wright of the law firm of Gardner Bist, and a certified court reporter. Mayor Rice declared the open session of the meeting closed. After the closed session, the meeting was re- opened. HURRICANE IRMA RECOVERY D4 Tina Boan, Sr. Director Budget & Finance, and Mr. Shillinger addressed the Board. Paul Ferraro, representing Goodman - Gable -Gould Adjusters International made a Power Point Presentation on Hurricane Irma finance activity. Bill Slater, Monroe County's Public Assistance Liaison with Adjusters International, addressed the Board. PLANNING & ENVIRONMENTAL, BUILDING & CODE COMPLIANCE DEPARTMENTS I4 Michael Roberts, Sr. Administrator of Environmental Resources, made a Power Point Presentation on the 12th Annual Monitoring Report on the implementation of the Incidental Take Permit and associated Habitat Conservation Plan for Florida key deer and other protected species on Big Pine Key and No Name Key. Christine Hurley, Assistant County Administrator, and Mr. Shillinger addressed the Board. After discussion, Board directed staff to work on a Comprehensive Plan amendment and Code amendment to allow placement of affordable housing on Tier I properties on Big Pine Key for homes that are destroyed by casualty by adding a specific sub -area type policy for redevelopment. STAFF REPORTS FI Ms. Hurley, provided the Board with a handout titled Proposed Hurricane Recovery and Mitigation Projects that included information on: Demolition Mitigation and Reconstruction; Structure Elevation; Structure Acquisition; Structure Acquisition and Demolition; HMGP Funding for Monroe County; CDBG -DR funding for Monroe County; Housing Repair; Weatherization; Wind Retrofit; Mobile Home Park Acquisition Mitigation; Voluntary Interest Survey Results; Preliminary Damage Assessment (Summary w /Park Information) — through November 26, 2017; Hazard Mitigation Grant Program (HMGP); Community Development Block Grant - Disaster Recovery (CDBG -DR); State Housing Interest Partnership Program (Said handout is incorporated herein by reference). Ms. Hurley advised that the handout is a basic briefing on where the county is to date and gave an overview of the categories. She advised the Board that they are still working on the RFP for the tiny homes and they are trying to make sure that the homes they seek meet all the criteria that has been discussed. Ms. Hurley introduced Mark Boone, Senior Administrator of Flood Plain, to the Board. Board discussed delays in the permitting process for homeowners who are recovering from Hurricane Irma. After discussion, the Board directed staff to bring back a Resolution to itemize permit types that are considered a priority due to damage from Hurricane Irma and to move homesteaded properties to the front of the line. 111Page 04 19 20 18 F2 Lisa Tennyson, Director of Legislative Affairs, advised that staff had been in DC this week. She advised that there are a number of federal issues that are important to Monroe County that we share with all of the other counties, particularly FEMA reimbursement delays. Staff learned that there's only about $30 million that's been obligated by FEMA, however, applicants for FEMA reimbursements total in the hundreds perhaps even thousands. Monroe County is the only applicant that has received any funding to date from FEMA. Other issues discussed were Everglades restoration; infrastructure funding; and, NFIP reauthorization. The Constitutional Revision Committee finalized its ballot amendments for the 2018 ballot and has eight amendments that are not particularly controversial. Ms. Tennyson discussed with the Board the program for acquiring land for the purpose of retiring development rights and limiting the legal liability given the build out scenario. Monroe County receives $5 million dollars a year to acquire land through the Stewardship Bill. Mr. Gastesi and Ms. Boan addressed the Board concerning sales tax collection. Ms. Boan advised the Board that the infrastructure sales tax is down about 8.4 %. PLANNING & ENVIRONMENTAL, BUILDING & CODE COMPLIANCE DEPARTMENTS Il Mr. Roberts gave a summary report of the status of the Permit Referral Process, which is the process for the review of all development that occurs within areas designated as "Species Focus Areas" or "Species Buffer Areas" within unincorporated Monroe County. The PRP is required for parcels that contain habitat for any of the following listed species: Key Largo Cotton Mouse, Key Largo woodrat, Key tree - cactus, Lower Keys marsh rabbit, Eastern indigo snake, Key deer, Schaus swallowtail butterfly, silver rice rate, and Stock Island tree snail. If the parcel is on the list of parcels that are within designated Species Focus Areas, staff reviews the development permit application for impacts to the above species in accordance with Species Assessment Guides developed and provided by the U.S. Fish and Wildlife Service. COUNTY ADMINISTRATOR 01 Mr. Gastesi referred the Board to the County Administrator's Monthly Report for April 2018. Said report is incorporated herein by reference. Mr. Gastesi advised the Board that he would be talking to each Commissioner individually once the department budget reports are complete. He advised the Board that the County needs the FEMA reimbursements to get the reserves back; and, that $21 million had been drawn from the $40 million line of credit. He advised that the budget is not looking as favorable as it was when they started the budget formulation process. Ms. Boan advised that the first pre- budget meeting is scheduled for May 23, 2018. Pedro Mercado, Assistant County Attorney, addressed the Board concerning the following five items (Item 04 through 08). After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Carruthers granting approval and authorizing execution of the following five items: 04 Approval of a Resolution establishing a Property Assessed Clean Energy (PACE) program within the Monroe County, approving interlocal agreements with 4 PACE levy /collection entities; to which the entities will administer voluntary non -ad valorem financing of qualifying conservation and energy conservation efficiency, renewable energy and wind resistance improvements; authorize the mayor to execute said agreements; and providing for implementing administrative actions, scrivener's errors, 121Page 04 19 20 18 conflicts, severability, and an effective date. RESOLUTION NO. 131 -2018 Said Resolution is incorporated herein by reference. 05 Approval to enter into a Property Assessment Clean Energy Agreement with the Green Corridor Property Assessment Clean Energy District at $0 cost to the County. 06 Approval to enter into a Property Assessment Clean Energy Agreement with Florida PACE Funding Agency at $0 cost to the County. 07 Approval to enter into a Property Assessment Clean Energy agreement with Florida Resiliency and Energy District ( "FRED ") at $0 cost to the County. 08 Approval to enter into a Property Assessment Clean Energy Agreement with Florida Green Finance Authority at $0 cost to the County. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage No Commissioner Murphy Yes Commissioner Neugent Yes Mayor Rice Yes Motion carried. COUNTY ATTORNEY PI Mr. Shillinger referred the Board to the County Attorney Report for April 2018. Said report is incorporated herein by reference. Mr. Shillinger advised the Board that the School Board (SB) had requested his offices help cover a hearing where the SB attorney was representing staff in a hearing and needed an independent lawyer to represent the SB. His office did cover without prior approval because of the governmental relationship. Mr. Shillinger introduced the concept of exploring an Interlocal Agreement with the cities and SB for future situations similar to this so that the County wouldn't have to pay for outside counsel. Mr. Shillinger addressed the Board concerning the ethics training. Board directed staff to provide the training through a video presentation. P2 Mr. Shillinger requested approval to hold an Attorney- Client Closed Session in the matter of AshBritt, Inc. v. Monroe County, FL and Florida Department of Transportation, Case No. CA-K- 17 -802 at the regularly scheduled BOCC meeting on May 16, 2018 in Key West, 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 Neugent and seconded by Commissioner Carruthers to hold the closed session. Motion carried unanimously. 131Pa g e 04 19 20 18 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 141Page 04 19 20 18