Loading...
05/16/2018 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, May 16, 2018 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 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 A 1 Motion was made by Commissioner Neugent and seconded by Commissioner Kolhage granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS B1 Presentation of Employee of the 1st Quarter to Brian Bradley, Senior Coordinator, County Attorney's Office. B2 Presentation of Mayor's Proclamation honoring Keys Energy Services 75th Anniversary. B3 Presentation of Mayor's Proclamation for Law Enforcement Memorial Week, May 13 -19, 2018. B4 Presentation of Mayor's Proclamation of Emergency Medical Services Week, May 20 -26, 2018 in Monroe County. B5 Presentation of Mayor's Proclamation for Motor Cycle Safety Awareness Month, May 2018 in Monroe County. BULK APPROVALS Motion was made by Mayor Rice and seconded by Commissioner Neugent granting approval of the following items by unanimous consent: Cl Board adopted the following Resolution approving Amendment One to Joint Participation Agreement 4ARX57 with Florida Department of Transportation (FDOT) for FDOT to provide an additional $500,000.00 to fund the temporary ferry service from the City of Marathon to Pigeon Key from July 1, 2018 through October 31, 2021. RESOLUTION NO. 132 -2018 Said Resolution is incorporated herein by reference. C2 Board granted approval to rescind the Contract awarded on July 20, 2016, to Charley Toppino & Sons, Inc. for the Big Coppitt Boat Ramp Repairs and to reject all remaining bids and granted approval of I I Page 0 5 1 6 2 1 8 the request to re- advertise a Request for Proposals for this project. Shortly after award of the Toppino contract, which was never executed by the Mayor, Monroe County was informed of a grant to match the project costs through the Boater Improvement Program with the State of Florida. C3 Board granted approval and authorized execution of a First Amendment to Agreement for "Fire Alarm System, Building Automation System and Smoke Control System Testing, Certification and Maintenance" for Corrections and Facilities with Siemens Industry, Inc., retroactive to a commencement date of April 20, 2018, for a one year renewal, a 2.1% CPI -U adjustment at a cost of $165,462.24, plus repairs not to exceed $60,000.00, and updated other contract provisions pursuant to County Ordinances and Florida Statutes. C4 Board granted approval to award bid and authorized execution of an Agreement between Monroe County Board of County Commissioners and 3rd Generation Plumbing, Inc., for the installation of fire hydrants in unincorporated Monroe County. C5 Board adopted the following Resolution authorizing Josey Slaga 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. 133-2018 Said Resolution is incorporated herein by reference. C6 Board granted approval and authorized execution of First Amendment Contract with Florida Keys Society for Prevention of Cruelty to Animals, Inc. for operation of the Marathon Animal Shelter reflecting a CPI -U increase of 2.1% effective May 1, 2018. The agreement amount will increase to $434,435.50/year or $36,202.96/month. C7 Board granted approval and authorized execution of the Third Amendment to the Amended and Restated Agreement with Florida Keys Society for Prevention of Cruelty to Animals, Inc. for the Key West Animal Shelter reflecting a CPI -U increase of 2.1% effective May 1, 2018. The agreement amount will increase to $540,615.12 /year or $45,051.26 /month. C8 Board granted approval and authorized execution of a one year renewal Residential Lease with a County employee for Location E commencing June 1, 2018, through May 31, 2019. The monthly rental amount is $550.00. C9 Board granted approval and authorized execution of a one -year renewal Residential Lease with a County employee for Location F commencing June 1, 2018, through May 31, 2019. The monthly rental amount is $550.00. C10 Board granted approval and authorized execution of a Fifth Amendment to the Agreement for Professional Services with Currie Sowards Aguila Architects, Inc. for the design through construction administration of the Plantation Key Judicial Courthouse and Detention Facility to obtain assistance from an architectural historian, in the amount of $9,658.00. This is funded by the one -cent infrastructure tax. C11 Board granted approval to award bid and authorized execution of a Contract with the lowest responsive bidder, Charley Toppino & Sons, Inc., for $368,000.00 for the construction of drainage and parking improvements at the East Martello, funded by the Tourist Development Council. C12 Board granted approval to add two new full time employees, Maintenance Worker 2, for Bernstein Park (pay grade 106). 2 1Page 0 5 1 6 2 18 C13 Board granted approval and authorized execution of a Second and final Lease Agreement renewal for a two year period with Pamela Uslander for a mobile food concession at Higgs Beach. C14 Board granted approval and authorized execution of a new Employment Agreement in the amount of $65,458.00 (loaded salary cost) with existing contracted employee, Ms. Dina Stitt, for the position of MCFR Billing Specialist to become effective on July 25, 2018. C15 Board granted approval to piggyback on City of Tallahassee Vehicle Contract 43921 to purchase one new 2018 Ford F750 Cab and Chassis with Pac Mac KB20 Grapple Loader 18X24 Body rather than four other vehicles approved in the Solid Waste Fiscal Year 2018 budget. The total expenditure is the same. C16 Board adopted the following Resolution adopting the tentative non ad valorem residential solid waste collection, disposal, and recycling assessment rates for Fiscal Year 2018 -2019. The tentative rate will be $394.00 per household. RESOLUTION NO. 134 -2018 Said Resolution is incorporated herein by reference. C17 Board granted approval to purchase a new portable backup generator from Tradewinds Power Corp., through Florida Sheriffs Contract No. 17- VEH15.0 Spec 474 at a cost of $125,719.00. Funds are included in the Facilities Maintenance Department budget. C18 Board adopted the following Resolution adopting the tentative Duck Key Security District non ad valorem special assessment rates for Fiscal Year 2018 -2019. RESOLUTION NO. 135 -2018 Said Resolution is incorporated herein by reference. C19 Board granted approval to terminate Agreement with AshBritt, Inc. for Disaster Response and Recovery Services for convenience. C20 Board granted approval to waive competitive bidding procedures under the solid waste exemption and enter into a two year Contract Extension with Sweetwater Environmental for disposal of sludge /septage collected at the Solid Waste Transfer Stations. This extension will expire in June 2020. C21 Board granted approval and authorized execution of Amendment 2 to the Agreement between Monroe County and Anderson Outdoor Advertising for the installation and maintenance of bus shelters on US 1 to add indemnification of the Florida Department of Transportation as required by Section 337.408 F.S., update the Public Records Compliance wording and update Exhibit A - Bus Shelter Locations. C22 Board granted approval and authorized execution of a Contract with EAC Consulting, Inc. for Engineering Design, Permitting and Post Construction Services for the 1st Street/Bertha Street (Key West) Project in the maximum not to exceed amount of $451,126.16. C25 Board adopted the following Resolutions for the Transfer of Funds and for the Receipt of unanticipated revenue: 3 1Page 0 5 1 6 2 18 Receipt of Unanticipated Funds (OMB Schedule Item No. 1). RESOLUTION NO. 136 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 2). RESOLUTION NO. 137 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 3). RESOLUTION NO. 138 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 139 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 5). RESOLUTION NO. 140 -2018 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 6). RESOLUTION NO. 141 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 142 -2018 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 8). RESOLUTION NO. 143 -2018 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 9). RESOLUTION NO. 144 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 145 -2018 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO. 146 -2018 Said Resolution is incorporated herein by reference. C26 Board granted approval and authorized execution of a Month to Month Renewal Agreement to extend the Contract with Jayne's Cleaning Service, Inc. for terminal cleaning services at the Florida Keys Marathon International Airport in the amount of 51,900.00 per month, until a new contract is executed with a cleaning service provider. C27 Board granted approval authorized execution of an Agreement with the State of Florida, Division of Emergency Management concerning an Emergency Management Preparedness and Assistance Base 4 1Page 0 5 1 6 2 18 Grant (Contract 419- BG -XX) in the amount of $105,806.00, fully grant funded and no county match; and authorization for the County Administrator to execute any other required documentation in relation to the grant. C28 Board granted approval and authorized execution of the First Amendment to the Construction Manager at Risk (CMAR) Agreement with Biltmore Construction Co. Inc., to incorporate contract provisions that were inadvertently omitted from the PK -Roth Wastewater and Fuel Island Relocation projects into the CMAR agreement. C29 Board accepted the report of monthly Change Orders for the month of April 2018, reviewed by the County Administrator /Assistant Administrator. Said report is incorporated herein by reference. C30 Board granted approval and authorized execution of Change Order 19 with OAC Action Construction Corp., increasing contract time by 30 days for the Key West Airport Customs Facility Phase II project, funded 50% by FDOT grant AQHIO and 50% Fund 404 Operating. (Change Orders 17 &18 will be presented to the BOCC for consideration at a later date). C31 Board granted approval of the re- classification of the existing Special Needs Coordinator position in the Social Services Department to a "Special Projects Coordinator ", and approval of an additional full time employee titled "Emergency Management Special Needs Planner I" who will be positioned within the Emergency Management Department. C32 Board granted approval and authorized execution of Modification 43 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 $185,543.00 which will increase the total contract amount from $275,817.00 to $461,360.00. HURRICANE IRMA RECOVERY DI Board granted approval of the ratification of a Contract with Roofing by Ruff, Inc. ( "Ruff') for the roof replacement on the Big Pine Senior Center (AARP). Ruff was the sole respondent to a request for proposals and submitted a bid price of $38,240.00. D5 Board granted approval of the ratification of the Second Amendment to the Emergency Contract with Inspect Key West, Inc. for air quality testing and reporting services for Monroe County buildings impacted by water intrusion damage from Hurricane Irma, in the amount not to exceed 5125,000.00. D7 Board granted approval of one full time employee, previously approved, to be funded by grant funds for Housing Recovery Administrator to be funded from Fund 148. D9 Board granted approval and authorized execution of a Task Order with CSA Central, Inc. for Engineering Design and Permitting Services for the Hurricane Irma Roadway Repairs Project. This Task Order is being awarded in accordance with the Continuing Contract for On Call Professional Engineering Services in the maximum not to exceed amount of $92,800.00. D15 Board granted approval to rescind the Lease Agreement with Fishermen's Health, Inc. d /b /a Fishermen's Community Hospital that was approved on December 13, 2017, and granted approval and authorized execution of a four month Lease Agreement for staging and storing the modular units used for the temporary hospital facility. 5 1Page 0 5 1 6 2 18 D16 Board accepted the report of Hurricane Irma finance activity by the Office of Management and Budget. Said report is incorporated herein by reference. D18 Board granted approval and authorized execution of an Amendment to the Agreement with Adjusters International, Inc.; performing consulting services for the County relating to hurricane disaster recovery. Amending Attachment A, expressly adding federal and state grant administration and management activities and a grant manager position. TOURIST DEVELOPMENT COUNCIL E1 Board granted approval and authorized execution of an Amendment to extend Agreement with the Florida Keys Wild Bird Rehabilitation Center, Inc. for the Laura Quinn Wild Bird Sanctuary Pelican Pond Project to March 31, 2019. E2 Board granted approval and authorized execution of an Agreement with Florida Keys History of Diving Museum, Inc. for the Exhibit - Rebreathers and Technical Diving Project. E3 Announcement of one vacant position on the Tourist Development Council District II Advisory Committee for one "At Large" appointment. PLANNING & ENVIRONMENTAL, BUILDING & CODE COMPLIANCE DEPARTMENTS J2 Board adopted the following Resolution of the Board of County Commissioners of Monroe County sun setting and dissolving the Marine and Port Advisory Committee. RESOLUTION NO. 147 -2018 Said Resolution is incorporated herein by reference. J5 Board granted approval and authorized execution of a Contract with Advanced Data Solution, Inc. to perform professional services for the scanning and digitizing of records, in an amount not to exceed $45,000.00. J6 Board granted approval of Boating Improvement Fund grant funding to various municipalities for boating and waterway projects to be performed in Fiscal Year 2019, including the Village of Islamorada for regulatory buoy maintenance in the amount of $10,000.00 and the City of Key West for boat ramp repairs in the amount of $30,000.00, and direction for staff to draft Interlocal Agreements with the two municipalities. J8 Board granted approval and authorized execution of Amendment No. 7 with M.T. Causley, Private Provider of Building and Planning & Environmental related contract employees, increasing their hourly rates. J9 Board granted approval and authorized execution of a Contract with Municipal Code Corporation to update and republish the County's Land Development Code. J10 Board granted approval and authorized execution of a $300,000.00 Joint Participation Agreement with the Florida Department of Transportation (FDOT) for the County's July 1, 2018 - June 20, 2019 Transportation Planning Program, funded by FDOT. 6 1Page 0 5 1 6 2 18 J11 Board granted approval and authorized execution of the Sixth Amendment to Agreement between Selectron Technologies, Inc. and Monroe County, amount not to exceed $14,850.00, for enhancements to the Interactive Voice Response System for permit inspection scheduling, reporting, and providing inspection status to the public. J12 Board granted approval to advertise a Request for Proposals for a Consultant to furnish temporary, part-time "on- call" licensed professionals to conduct plan review, inspection services, development and environmental review to support the day -to -day operations of the Building, Planning & Environmental Resources, and Fire Departments related to issuance of building permits. J13 Board granted approval of the selection of five contractors (American Underwater Contractors, Inc.; Coffin Marine Services, Inc.; Underwater Engineering Services; Coral Construction Company; and, Key West Harbor Services, Inc.) for the installation and maintenance of aids to navigation and regulatory markers in the Florida Keys waters within Monroe County. SHERIFF'S OFFICE L1 Board granted approval of the Request for Expenditure from Law Enforcement Trust Funds, as follows: $7,000.00 Florida Sheriff's Youth Ranches: to support the "Harmony in the Streets" mobile community day camp for underprivileged youth. The objective of the program is to reach at -risk youth to prevent juvenile delinquency and to help develop responsible and productive citizens. The summer camp will be offered at no cost to 60 youths in Monroe County. $500.00 Marathon 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. COMMISSIONER'S ITEMS M1 Board granted approval of Mayor Rice's reappointment of Sylvia Hernandez to the Duck Key Security District Advisory Board for a three year term through May 16, 2021. M2 Board granted approval of Mayor Rice's reappointment of Richard Sherman to the Duck Key Security District Advisory Board for a three year term through May 16, 2021. COUNTY CLERK N1 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. N2 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. N3 Board granted approval of minutes from the regular meeting of March 21, 2018. Said minutes are incorporated herein by reference. 7 1Page 0 5 1 6 2 18 N4 Board granted approval BOCC Warrants (Including Payroll), for the month of April 2018, 10035739- 10036922, (AP), 50004098 - 50004186 (PR), 3094447 - 3095590 (PR Voucher), 23111 -23201 (WC), as follows: 001 General Fund, in the amount of $4,710,727.07; 101 Fine & Forfeiture Fund, in the amount of $4,045,542.29; 102 Road & Bridge Fund, in the amount of $506,872.98; 115 TDC District Two Penny, in the amount of $418,485.88; 116 TDC Admin & Promo 2 Cent, in the amount of $1,002,956.43; 117 TDC District 1,3 Cent, in the amount of $783,881.17; 118 TDC District 2,3 Cent, in the amount of $70,206.63; 119 TDC District 3,3 Cent, in the amount of $186,600.76; 120 TDC District 4,3 Cent, in the amount of $155,274.49; 121 TDC District 5,3 Cent, in the amount of $172,178.24; 125 Gov Fund Type Grants, in the amount of $2,411,190.15; 141 Fire & Amb Dist 1 L &M Keys, in the amount of $761,287.05; 147 Uninc Svc Dist Parks &Rec, in the amount of $85,559.46; 148 Plan, Build, Zoning, in the amount of $399,040.82; 149 Municipal Policing, in the amount of $573,701.29; 150 E911 Enhancement Fund, in the amount of $37,536.09; 152 Duck Key Security Dist, in the amount of $17,439.27; 157 Boating Improvement Fund, in the amount of $69,356.55; 158 Misc Special Revenue Fund, in the amount of $13,884.09; 160 Environmental Restoration, in the amount of $70,301.87; 162 Law Enforcement Trust 600, in the amount of $25,000.00; 163 Court Facilities, in the amount of $15,085.93; 164 Drug Facilities Fees, in the amount of $7,255.20; 180 Building Funds, in the amount of $474,269.43; 304 1 Cent Infra Surtax, in the amount of $1,881,620.42; 308 Infrastructure Sales Tax Revenue Bond, in the amount of $728.46; 310 Big Coppitt Wastewater, in the amount of $340,969.10; 312 Cudjoe Regional WW Proj, in the amount of $9,453.30; 314 Series 2014 Revenue Bonds, in the amount of $253,147.89; 316 Land Acquisition, in the amount of $800.00; 401 Card Sound Bridge, in the amount of $301,212.66; 403 Marathon Airport, in the amount of $48,085.08; 404 Key West Intl Airport, in the amount of $665,076.35; 406 PFC & Operating Restrictions, in the amount of $1,903,235.35; 414 MSD Solid Waste, in the amount of $10,259,850.94; 501 Worker's Compensation, in the amount of $212,961.38; 502 Group Insurance Fund, in the amount of $1,070,196.13; 503 Risk Management Fund, in the amount of $118,034.37; 504 Fleet Management Fund, in the amount of $174,337.72. N5 Board granted approval to declare fixed assets as surplus and allow them to be disposed. Said list is incorporated herein by reference. N6 Board granted approval of Tourist Development Council expenses for the month of April 2018, as follows: Advertising, in the amount of $2,086,758.09; Bricks & Mortar Projects, in the amount of $87,102.20; Events, in the amount of $115,758.42; Office Supplies & Operating Costs, in the amount of $39,630.56; Personnel Services, in the amount of $107,233.26; Public Relations, in the amount of $147,157.75; Sales & Marketing, in the amount of $58,054.11; Telephone & Utilities, in the amount of $14,447.28; Travel, in the amount of $18,523.53; Visitor Information Services, in the amount of $97,809.36. N7 Board granted approval to dispose of BOCC grants accounts payable, payroll records, cash receipts, fuel tax and TDC accounts payable and other various financial records per the attached itemized list. Said list is incorporated herein by reference. COUNTY ADMINISTRATOR 02 Board granted approval to negotiate with vendors in rank order for near shore and canal water quality monitoring services in support of the Florida Keys Reasonable Assurance Document (FKRAD). 03 Board adopted the following Resolution to accept the updated Southeast Florida Regional Climate Action Plan (RCAP 2.0), providing actionable recommendations in support of regionally coordinated strategies and efforts in the areas of climate adaptation, resilience and greenhouse gas (GHG) 8 1Page 0 5 1 6 2 18 emission reductions; and authorize the County Administrator to implement the Southeast Florida Regional Climate Action Plan 2.0 to the extent possible with current resources and to seek grants and partnerships to assist in further implementation. RESOLUTION NO. 148 -2018 Said Resolution is incorporated herein by reference. 05 Board confirmed the appointment of Cary Knight as a department head (Director, Project Management) as required by Section 2.01 of the Personnel Policy and Procedures Manual. 06 Board confirmed the appointment of William DeSantis as a department head (Director, Facilities Maintenance) as required by Section 2.01 of the Personnel Policy and Procedures Manual. 07 Board confirmed the appointment of Cheryl Sullivan as a department head (Director, Solid Waste) as required by Section 2.01 of the Personnel Policy and Procedures Manual. 08 Board granted approval of the request to close the 7 -Mile Bridge on April 6, 2019 from 6:45 a.m. to 9:00 a.m. for the running of the 38th Annual 7 -Mile Bridge Run. 09 Board granted approval and authorized execution of an Agreement with Statewide Guardian Ad Litem Office for reimbursement of Child Advocate Manager services to provide funding for Child Advocate Manager Position, for time period July 1, 2018 through June 30, 2019 (State FY 2018 - 2019). COUNTY ATTORNEY P2 Board granted approval to advertise a Request for Proposals for General Liability, Vehicle Liability, Public Official/Employee Practices Liability and Excess Workers' Compensation Liability Insurance policies. P3 Board granted approval and authorized execution of the Renewal to Agreement for Misdemeanor Probation Service with Professional Probation Services. P6 Board adopted the following Resolution requesting the Supervisor of Elections to place a question on the August 28, 2018 Primary Election ballot as directed in Monroe County School Board Resolution No. X821, regarding whether the school district should enact a yearly ad valorem tax of up to .0625 mill, for four years beginning January 1, 2019, to raise revenue for hiring school security personnel. RESOLUTION NO. 149 -2018 Said Resolution is incorporated herein by reference. P7 Board granted approval of renewal of Primary Windstorm Insurance Policy with a premium of $809,775.00 from Citizens Property Insurance Corporation and for the Risk Administrator to sign all necessary forms. COUNTY ADMINISTRATOR RI Board adopted the following Resolution splitting the Project Management/Facilities Maintenance Department into two separate departments - Project Management and Facilities Maintenance and adopting a revised Table of Organization for the County staff. 9 1Page 0 5 1 6 2 18 RESOLUTION NO. 150 -2018 Said Resolution is incorporated herein by reference. PROJECT MANAGEMENT /FACILITIES MAINTENANCE R3 Board granted approval for early termination of the Islamorada Chamber of Commerce Sublease with the County and approval to execute anew Sublease with 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 in Islamorada. Motion carried unanimously. P5 Bob Shillinger, County Attorney, addressed the Board concerning the time approximate of 9:20 a.m. for approval of a Resolution establishing "Less Than Fee" program for retiring development rights from willing Sellers. After discussion, the time approximate was removed from the item and it was discussed later in the meeting (and continued to the June 20, 2018 meeting). The Board of County Commissioners meeting adjourned for the Board of Governors, Fire & Ambulance District 1 meeting. FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The Board of Governors for the Fire & Ambulance District 1 convened. Present and answering to roll call were Commissioner Danny Kolhage, Commissioner George Neugent, Mayor David Rice, Mayor Norman Anderson and Vice Mayor Bruce Halle. H1 James Callahan, Fire Chief, addressed the Board concerning approval of a new Employment Agreement in the amount of $65,458.00 (loaded salary cost) with existing contracted employee, Ms. Dina Stitt, for the position of MCFR Billing Specialist to become effective on July 25, 2018. Motion was made by BOCC Mayor Rice and seconded by BOG Mayor Anderson granting approval and authorizing execution of the item. Motion carried unanimously. Chief Callahan addressed the Board concerning the fire on Big Pine Key. There being no further business, the meeting of the Fire & Ambulance District 1 Board of Governors was adjourned. The Board of County Commissioners meeting reconvened with all Commissioners present. MISCELLANEOUS BULK APPROVAL C23 Judith Clarke, Director Engineering Services/Roads & Bridges, and Mr. Shillinger addressed the Board concerning approval for Duck Key Community Benefit Inc. d /b /a Duck Key Property Owners Association (DKPOA) to landscape on county rights -of -way in front of vacant lots owned by Monroe County and multiple private owners. If the Board approves issuance of a permit to this 101Page 0 5 1 6 2 18 organization, then Monroe County Code Section 19 -33 will need to be revised to allow for a right -of- way permit to be issued to a corporation such as the Duck Key Community Benefit, Inc. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Neugent granting approval of the item. Motion carried unanimously. PLANNING & ENVIRONMENTAL, BUILDING & CODE COMPLIANCE DEPARTMENTS Emily Schemper - Douma, Acting Sr. Director of Planning & Environmental, addressed the Board concerning Items J4, J7 and J14. The following individuals addressed the Board: Gregory Brown, representing Habitat for Humanity of Key West & the Lower Keys; and, Debbie Batty, Board President of Habitat for Humanity. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy granting approval of the following three items (J4, J7 and J14): J4 Adoption of a Resolution reserving sixteen (16) affordable housing ROGO allocations (moderate income category) for a proposed project on US 1 and La Fitte Drive, Lots 8, 9, 10, & 11, Block 8, Cutthroat Harbor Estates, Cudjoe Key (approximate mile marker 22.5), having real estate numbers 00178350- 000000, 00178360- 000000, 00178370 - 000000, and 00178380 - 000000, until June 25, 2019. RESOLUTION NO. 151 -2018 Said Resolution is incorporated herein by reference. J7 Approval of a waiver of approximately $84,088.00 in building permit fees for 16 deed - restricted affordable housing units to serve the 120% of median income level to be built on four lots LaFitte Drive on Cudjoe Key at approximate mile marker 22.4, having real estate numbers 00178350- 000000, 00178360- 000000, 00178370 - 000000, and 00178380 - 000000 by Habitat for Humanity of Key West and Lower Florida Keys. J14 Approval and authorization to execute the First Amendment to the Ground Lease Agreement with Habitat for Humanity of Key West and Lower Florida Keys, Inc. ( "Habitat "), to allow Habitat an additional year from the date of execution of this amendment until June 25, 2019, to obtain all building permits, and to allow Habitat up to 2.5 years to obtain all certificates of occupancy. Motion carried unanimously. ENGINEERING Il Mr. Shillinger addressed the Board. Pamela Hancock, Deputy Clerk, swore in Ms. Clarke and Myra Allen, for the quasi-judicial hearing, regarding the denial of an After - The -Fact Right -of- Way permit for unpermitted work on the County Right -of -Way. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Carruthers to deny the appeal, with direction to staff to give her specific instructions on what she needs to do to cure, and direct code staff to continue the Code Enforcement hearing for six months. Motion carried unanimously. MISCELLANEOUS BULK APPROVAL C24 Ms. Clarke addressed the Board concerning approval of Amendment 1 to the Agreement for Engineering Design & Permitting Services with EAC Consulting Inc. for the Stock Island II Roadway Improvement Project. The amendment to the agreement is for additional design and permitting services for a landscape median for a not to exceed cost of $32,898.00. The addition of landscaping is consistent with the Intra- Island Corridor Enhancement Plan released November 30, 2005 and public input for 111Page 0 1 6 2 018 Maloney Avenue and MacDonald Avenue on Stock Island. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy granting approval and authorizing execution of the item. Motion carried unanimously. HURRICANE IRMA RECOVERY D13 Alan MacEachern, Director of Information Technology; and, Mark Pallans, representing Pallans Associates Communication Consultants, made Power Point Presentations on availability of communications (voice, TV and data) post Hurricane Irma; steps that have been taken or are planned to improve technical infrastructure that supports communication in anticipation of another significant storm; and "The Use of Third Party Radio Towers to Improve Reliability of the Monroe County Trunked Radio System" as requested by the Board of County Commissioners at its in December 13, 2017 meeting related to emergency communications after a storm. Mike Rice, Bureau Chief, Monroe County Sheriff's Office, and Ms. Schemper -Douma addressed the Board. The following individuals addressed the Board: Jan Edelstein, representing Cudjoe Gardens Property Owner's Association; Stuart Schaffer, representing Sugarloaf Shores Property Owner's Association; Bill Hunter, representing Lower Keys Alliance and Last Stand; David Paul Horan, representing Frank Dirico — Industrial Communications; and Mark Baker. Board directed staff to prepare an agenda item for the Marathon meeting (July 18, 2018) specific to the tower, what it can add, its advantages and disadvantages. Lindsey Rabito- Leonard, representing Baptist Health South, presented a video presentation to the Board. Rick Freeburg, CEO of Mariner's Hospital and Fishermen's Hospital, addressed the Board concerning the following two items (D10 & D11): D10 Presentation by Baptist Health South, regarding Hurricane Irma damage to Fisherman's Hospital and plans for rebuilding. D11 Discussion and direction, regarding possible County mechanisms for financing rebuilding of Fisherman's Hospital following significant Hurricane Irma damage. Mr. Shillinger addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy to direct staff to prepare the Resolutions necessary to create a MSTU for two options: one would be a year by year; and the second option would be a 10 year one that would require a referendum; and for staff to determine whether within the same Ordinance the interim first year, based on ability to establish an MSTU without referendum, build into the same Ordinance the scheduling of a referendum that would extend it out to multiple years. Roll call vote carried unanimously. CLOSED SESSION Kl Mr. Shillinger announced an Attorney- Client Closed Session in the matters of AshBritt, 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 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, Special Litigation Counsel Jeff Hochman, Esquire, and a certified court reporter. Mayor Rice declared the open session of the meeting closed. After the closed session, the meeting was re- opened. COUNTY ADMINISTRATOR 121Page 0 1 6 2 018 R2 Lisa Tennyson, Director of Legislative Affairs, made a Power Point Presentation regarding the potential acquisition of the Murray Marine property on Stock Island in order to provide a shore side facility for a mooring field in Boca Chica Basin and preserve recreational working waterfront in Monroe County. Mr. Shillinger, Mr. Gastesi, and Rich Jones, Marine Resources Senior Administrator addressed the Board. The following individuals addressed the Board: Jan Edelstein, Louis LaTorre, and Mayor Craig Cates, representing the City of Key West. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Carruthers to give the County Administrator and Budget Director the authority to negotiate with the sellers and bring it back to the Board to advise whether it is affordable or not. 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. HURRICANE IRMA RECOVERY D2 Mr. Gastesi and Cary Knight, Director of Project Management, addressed the Board concerning approval of a Third Amendment to Agreement with William P. Horn Architect, P.A. for post construction inspection services in the amount of 513,900.00 at Bernstein Park. This is funded by the one -cent infrastructure tax. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Neugent granting approval and authorizing execution of the item. Motion carried unanimously. D3 Rhonda Haag, Sustainability Director; and Mr. Gastesi addressed the Board concerning direction and retroactive approval to submit a Request for Proposals for marine debris removal and related services, which will be used to perform work funded by a grant in the amount of $45.8 million from the United States Department of Agriculture; Natural Resources Conservation Service; and, Emergency Watershed Protection Program, if awarded, to cover removal of marine debris created by Hurricane Irma from 103 eligible canals in unincorporated Monroe County, City of Marathon and Village of Islamorada, with a 25% County match. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. D4 Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers granting retroactive approval to submit a Request for Proposals for Marine Debris Monitoring Services as a result of Hurricane Irma. 100% cost reimbursement is anticipated to be provided by United States Department of Agriculture - Natural Resources Conservation Service as part of their Emergency Watershed Protection Program in an amount not to exceed $3.1 million. Motion carried unanimously. PUBLIC HEARINGS Q1 A Public Hearing was held 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. There were no public speakers. Motion was made by Commissioner Murphy and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. 131Page 0 5 1 6 2 18 ORDINANCE NO. 008 -2018 Said Ordinance is incorporated herein by reference. Q2 A Public Hearing was held 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. There were no public speakers. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 009 -2018 Said Ordinance is incorporated herein by reference. Q3 A Public Hearing was held to consider adoption of an Ordinance by the Monroe County Board of County Commissioners amending the Monroe County Year 2030 Comprehensive Plan to include the definition of Perimeter Canal in the Glossary; amending Policy 202.4.3 and creating new Policy 202.4.4 to allow maintenance dredging within areas vegetated with sea grass beds or characterized by hard - bottom communities within the canals of Duck Key (MM 61) in order to restore navigational access; limited to previously dredged canals; not to exceed depths of greater than minus six feet MLW; provided there is no degradation of water quality or impact on surrounding benthic resources; requiring mitigation for impacts within the dredged area; provided the proposed dredging is in the public interest; as proposed by Demetrio Brid and Duck Key Community Benefit Inc.; 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. There were no public speakers. Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 010 -2018 Said Ordinance is incorporated herein by reference. Q4 A Public Hearing was held to consider adoption of an Ordinance by the Monroe County Board of County Commissioners amending Monroe County Land Development Code Section 101 -1 — Definitions to include the definition of Perimeter Canal; Amending Section 118 -10 — Environmental Design for Specific Habitat Types, to allow maintenance dredging within areas vegetated with sea grass beds or characterized by hard - bottom communities within the canals of Duck Key (MM 61) in order to restore navigational access; limited to previously dredged canals; not to exceed depths of greater than minus six feet MLW; provided there is no degradation of water quality or impact on surrounding benthic resources; requiring mitigation for impacts within the dredged area; provided the proposed dredging is in the public interest; as proposed by Demetrio Brid and Duck Key Community Benefit, Inc. (File 42016 -184). There were no public speakers. Motion was made by Commissioner Murphy and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 011 -2018 Said Ordinance is incorporated herein by reference. PLANNING & ENVIRONMENTAL, BUILDING & CODE COMPLIANCE DEPARTMENTS JI Ms. Schemper - Douma, Mr. Gastesi and Mr. Shillinger addressed the Board concerning approval of a Resolution approving a request by Joel Reed on behalf of Marina Inn Land, LLC for a partial exemption to the County's inclusionary housing requirements, pursuant to Section 139- 1(b)(3) of the 141Page 0 1 6 2 018 Monroe County Land Development Code, on property commonly known as Marina Inn Condominium located at 111, 121, 211, 311, 321, 411 and 421 Beach Road in Ocean Reef, having parcel numbers from 00569471- 000200 to 00569471- 005000. The following individual addressed the Board: Joel Reed, representing Marina Inn Land LLC. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Carruthers approving staff recommendation to deny the item based on Goal 601, Policy 601.1.9 and Policy 601.1.13 of the Comprehensive Plan, and the conclusion that the proposed redevelopment project does not meet any of the four criteria in subsection 139 -1(b) (3) that the BOCC may use to reduce, adjust, or waive inclusionary housing requirements. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage Yes Commissioner Murphy No Commissioner Neugent Yes Mayor Rice Yes Motion carried. RESOLUTION NO. 152 -2018 Said Resolution is incorporated herein by reference. J3 Motion was made by Commissioner Kolhage and seconded by Commissioner Carruthers to adopt the following Resolution authorizing Unlicensed Contractor Code Investigator Paul Pignataro to issue citations for disposition in County Court. Motion carried unanimously. RESOLUTION NO. 153 -2018 Said Resolution is incorporated herein by reference. HURRICANE IRMA RECOVERY D6 Mr. Gastesi addressed the Board concerning the presentation by Hurricane Irma Long -term Recovery Group. Board continued the item to the July 18, 2018 meeting in Marathon. D8 Ms. Haag and Mr. Gastesi addressed the Board concerning approval of a Revised Memorandum of Understanding and Mutual Aid Agreement with the Florida Department of Environmental Protection (DEP) for $6 million for clearing of marine debris from canals and other navigable waterways within unincorporated Monroe County, to be reimbursed by the County to DEP. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Neugent granting approval and authorizing execution of the item. Motion carried unanimously. D12 Mr. Gastesi, Mr. Knight and Mr. Shillinger addressed the Board concerning approval to issue a Request for Proposals for up to four "Tiny Houses" on parcels already owned by the County that will serve as prototypes for redevelopment with eventual use as employee rental housing. Total cost is estimated in the range of $500,000.00. The following individual addressed the Board: Jan Edelstein. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Neugent granting approval of the item and to include some language in the RFP to solicit with participation of the manufacturer on a co -op basis as well as some flexibility on the location rather than require selection of one sight. Motion carried unanimously. 151Page 0 1 6 2 018 D14 Ed Koconis, Building Department Administrative Director, addressed the Board concerning approval of a Resolution of the Board of County Commissioners prioritizing certain types of building permits for primary homeowners to facilitate expeditious repairs of these principal domiciles. Mr. Koconis provided the Board with Permit Application Intake Statistics from October 2016 to April 2018. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Neugent to deny the Resolution. Motion carried unanimously. D17 Ms. Clarke addressed the Board concerning approval of Amendment One to Task Order One with Tetra Tech, Inc. to provide Hurricane Debris Monitoring and Disaster Related Services for Hurricane Irma to increase the estimated cost proposal from $1,624,560.00 to $2,176,680.00. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Neugent granting approval and authorizing execution of the item. Motion carried unanimously. COMMISSIONERS' ITEMS M3 Mr. Shillinger and Mike Roberts, Sr. Administrator, Environmental Resources addressed the Board concerning direction to staff regarding clean -up of lots, both public and privately owned. Hurricane debris is a clear source for fire in residential areas throughout the County but especially in sparsely settled areas such as Big Pine Key. We need to aggressively remove these fuel sources from empty lots. The Board took no official action. M4 Mr. Shillinger, Christine Limbert- Barrows, Assistant County Attorney; and, Cheryl Sullivan, Solid Waste Director, addressed the Board concerning our franchises, Marathon Garbage Service and Keys Sanitary Service, who are required to deliver solid waste to our transfer stations, should not be required to obtain a Specialty Hauler license. May it be recommended that we exempt them from being required to acquire a license that is covered by already being our service provider. After discussion, the item was continued to the June 20, 2018 meeting in Key Largo with direction to staff to lay out the issues and to provide the Board with a list of who has specialty licenses. COUNTY ADMINISTRATOR 01 Mr. Gastesi referred the Board to the County Administrator's monthly report. Board discussed surplus vehicles that are stored at the Florida Keys Marathon Airport. Mr. Gastesi reminded the Board of the budget discussion scheduled for next week, May 23, 2018. Board directed staff to be prepared to bring information on the capital plan for the next several years, where the county is with HUD and the CDBGDR Grants, as well as any updated sales tax revenue data. 04 Mr. Shillinger, Mr. Gastesi, Patricia Eables, Assistant County Attorney; and Chief Callahan addressed the Board concerning approval of a Contract to purchase two (2) parcels in the City of Layton for use as a portion of the property for a future replacement fire station in Layton and authorization for the Mayor to execute the contract once signed by the owner. The proposed purchase price is $577,000.00 paid out of Infrastructure Sales surtax funds. The contract includes a lease of the property to the owner for up to three (3) years for a nominal fee. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Neugent granting approval and authorizing execution of the item. Motion carried unanimously. COUNTY ATTORNEY P1 Mr. Shillinger referred the Board to the County Attorney Report for May 2018. Mr. Shillinger read Christine Hurley's report on the Governor's proposal for 1,300 additional ROGO allocations following her meeting with DEO and state level staff. He advised the Board that they have a cabinet 161Page 0 5 1 6 2 18 meeting scheduled for June 13, 2018 to discuss the allocations further. The following individuals addressed the Board: Jan Edelstein, Virginia Panico, representing the Key West Chamber of Commerce; Mike Morawski, representing Hemingway Home; and Owen Trapenier, representing Trapenier & Associates. Mr. Gaseti addressed the Board. Board directed staff to take the Board's questions and concerns discussed today to the meeting with the cabinet on June 13, 2018. Commissioner Neugent excused himself from the remainder of the meeting. Mr. Shillinger requested to hold an Attorney- Client Closed Session in the matter of KWResort Utilities Rate Application PSC # 2017 - 0141 -SU at the regularly scheduled BOCC meeting on June 20, 2018 in Key Largo 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 Carruthers to hold the closed session. Motion carried unanimously, with Commissioner Neugent not present. Mr. Shillinger advised that the Board that he is continuing the following two items to the June 20, 2018 meeting in Key Largo: P4 Approval of a Resolution establishing a policy for use and disposition of vacant lots acquired through voluntary purchase under the density reduction program and for vacant lots acquired through other means such as foreclosure and donation. P5 Approval of a Resolution establishing "Less Than Fee" program for retiring development rights from willing Sellers. 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 171Page 0 1 6 2 018