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07/18/2018 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, July 18, 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 Murphy and seconded by Commissioner Neugent granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS B1 Recognition of 10 years of service to Tina LoSacco, Project Management /Senior Engineering Technician, Wastewater. BULK APPROVALS Motion was made by Commissioner Murphy and seconded by Commissioner Kolhage granting approval of the following items by unanimous consent: C1 Board granted approval for the Florida Keys Marathon International Airport to host the Airport's 75 Anniversary Celebration (using Airport parking lots, access roads and sidewalks), which will be a public event on October 20, 2018. The event will take place on the Marathon General Aviation leasehold ramp and include static aircraft displays and sightseeing flights. C2 Board granted approval to negotiate a Contract with WSP USA Inc., the highest ranked respondent for Construction Engineering and Inspection Services (CEI) for the Pigeon Key Ramp Rehabilitation Project. If successful negotiations cannot be reached, approval is requested to negotiate a contract with the next highest ranked respondent until successful negotiations are reached. C3 Board granted approval and authorized execution of Change Order 17 with OAC Action Construction Corp., increasing contract amount by $4,992.68 for the Key West Airport 1IPa g e 0 /° 1 8 2 18 Customs Facility Phase 11 Project, funded 50% by FDOT grant AQH10 and 50% Fund 404 Operating. C4 Board granted approval and authorized execution of KWBTS Association Noise Insulation Program (NIP) Agreement with Key West By The Sea Association, Inc., regarding use of Association's common space for storage and equipment staging during the NIP construction proj ect. C6 Board granted approval and authorized execution of an Agreement with the State of Florida, Division of Emergency Management concerning an Emergency Management Performance Grant (Contract 419 -FG- ) in the amount of $67,044.00, fully grant funded and no county match; and authorization for the County Administrator to execute any required documentation in relation to the grant. C7 Board granted approval to rescind the April BOCC approval of the Second Amendment to the Consultant Agreement for Professional Architectural and Engineering Services with Pike Architects, Inc. C8 Board granted approval and authorized execution of the Eleventh Amendment to Agreement between Superion, LLC and Monroe County, amount not to exceed $6,750.00 for additional CommunityPLUS user licenses. C9 Board granted approval to advertise a Public Hearing to consider an Ordinance abolishing the municipal service taxing or benefit unit Districts created for fire protection and ambulance services by Ordinance No. 005 -1977 which are no longer utilized due to the creation of the Lower and Middle Keys Fire and Ambulance District in 1988 and Key Largo Fire Rescue and Emergency Medical Services District in 2005. C10 Board granted approval of the transmittal of the Fiscal Year 2019 Proposed Budget. Said budget is incorporated herein by reference. C11 Board accepted the Monroe County Length of Service Award Program ( LOSAP) actuarial valuation report for the Plan Year 2018 and transfer of funds for Plan Year 2018 into the LOSAP Trust Fund. C12 Board adopted the following Resolution of the Board of County Commissioners of Monroe County, Florida adopting a fee schedule for a Fire Rescue Minimum Standards Class at the Monroe County Training Academy and approving a waiver of fees for qualified Monroe County Residents in the amount of $2,200.00 per student. RESOLUTION NO. 181 -2018 Said Resolution is incorporated herein by reference. C13 Board granted approval to advertise a Request for Proposals for Employee Benefits Consulting Services. 21Pa g e 0 '/7 1 8 2 18 C14 Board granted approval to award surplus items to the highest bidder as set forth in the attached Budget and Finance Purchasing Department Tabulation Sheet and authorization to dispose of the surplus items to the next highest bidder if necessary until items are disposed. Said tabulation is incorporated herein by reference. C15 Board granted approval to negotiate a contract with WSP, USA Inc., the highest ranked respondent for Engineering Design and Permitting Services for the Sea Level Rise Pilot Project. If successful negotiations cannot be reached, approval is requested to negotiate a contract with the next highest respondent until successful negotiations are reached. C18 Board granted approval and authorized execution of Change Orders 18 and 21 with OAC Action Construction Corp., increasing contract amount by $4,359.73 and contract time by 30 days for the Key West Airport Customs Facility Phase 11 project, funded 50% by FDOT grant AQH10 and 50% Airport Operating Fund 404. C19 Board granted approval and authorized execution of Task Order Amendment 3 with Currie, Sowards, Aguila Architects for additional construction administration services at the PK Government Center and Roth Building WWTP Replacement and Abandonment project. This project is funded by infrastructure sales surtax. This amendment adds $36,960.00 to the Task Order bringing the total to $111,160.00. C20 Board accepted the report of monthly Change Orders for the month of June 2018, reviewed by the County Administrator /Assistant Administrator. Said report is incorporated herein by reference. C21 Board granted approval and authorized execution of Alzheimer's Disease Initiative Program (ADI) Contract KZ -1897 between the Alliance for Aging, Inc., and Monroe County Board of County Commissioners /Monroe County Social Services In- Home Services for the contract year 2018 -2019 (07/01/2018- 06/30/2019) in the amount of $189,458.40. C22 Board granted approval and authorized Task Order No. 01 with Ricondo & Associates, Inc. for Passenger Facility Charge (PFC) Planning Services - PFC Application No. 18, in the amount of $56,646.00, to be funded 50% FDOT Grant ($28,323.00) and 50% PFC Fund 406 ($28,323.00). C23 Board adopted the following Resolutions concerning the Transfer of Funds and Receipt of Unanticipated Funds: Amending Resolution No. 032 -2018 (OMB Schedule Item No. 1). RESOLUTION NO. 182 -2018 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 183 -2018 Said Resolution is incorporated herein by reference. 31Pa g e 0 /° 1 8 2 18 Receipt of Unanticipated Funds (OMB Schedule Item No. 3). RESOLUTION NO. 184 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 185 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 5). RESOLUTION NO. 186 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 187 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 188 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 189 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 9). RESOLUTION NO. 190 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 191 -2018 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO. 192 -2018 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 193 -2018 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 194 -2018 Said Resolution is incorporated herein by reference. C24 Board granted approval of the acceptance of funds allocated to the Monroe County Public Library, Key West Branch, through the Amendment and Restatement of the George 41Pa g e 0 '/7 1 8 2 18 Louis DeCoster Declaration of Trust, and approval for the County Administrator to sign all related documents. C25 Board granted approval and authorized execution of the First Renewal and Amendment 1 to Agreement with Keys Security, Inc. for security services for Duck Key Security District. C26 Board granted approval of the Revised Purchasing Policy which includes changes that are necessary due to the recent memorandum, dated June 20, 2018, from the Executive Office of the President, OMB, Office of Federal Financial Management regarding changes to the micro - purchase thresholds. HURRICANE IRMA RECOVERY D4 Board granted approval to submit Hazard Mitigation Grant Program (HMGP) application for Acquisition and Demolition in the amount of $10,000,000.00 for buyouts of flood -prone properties owned by private individuals willing to sell, using Community Development Block Grant funding as 25% match. D5 Board granted approval to submit Hazard Mitigation Grant Program (HMGP) application for Elevation and Reconstruction Projects in the amount of up to $4,000,000.00 for properties owned by private individuals, using Community Development Block Grant funding as 25% match. D6 Board granted approval for the Mayor to sign transfer of title for County Vehicle No. 0920 -9025, 2017 Look Trailer VIN# 53BLTEA24HUO25328 to Florida League of Cities Inc. for the settlement amount of $3,811.03. This vehicle was totaled by Hurricane Irma. D7 Board granted approval to advertise for lighted box signs at the Florida Keys Marathon International Airport. The current box signs sustained substantial damage from Hurricane Irma and require immediate replacement. D8 Board granted approval for the Mayor to sign transfer of title for County Vehicle No. 0940 -581, 2003 Ford F -350, VIN# 1FTSF30P13ECO2438 to Florida League of Cities, Inc. for the settlement amount of $6,619.83. This vehicle was totaled by Hurricane Irma. D9 Board granted approval of cumulative invoices over $50,000.00 relating to the declared State of Local Emergency on September 5, 2017 due to Hurricane Irma, in accordance with Monroe County Code Section 2- 347(k) and Chapter 7 (B.) Emergency Purchases of the Monroe County Purchasing Policy. D13 Board granted approval and authorized execution of an Amendment to Task Order Three for Disaster Response and Recovery Services with DRC Emergency Services, LLC for Hurricane Irma which revises the tipping fee from $47.00 to $49.00 per ton for the Waste Management Facility in Homestead, FL. 51Pa g e 0 '/7 1 8 2 18 D15 Board granted approval to ratify the Contract with Global Disaster Recovery, Inc. (GDR) for the Mold Remediation of the Old Courthouse following water damages by Hurricane Irma. Contract in the amount of $89,643.39 was executed by the Mayor on June 13, 2018. D16 Board granted approval to submit five (5) applications under the Hazard Mitigation Grant Program, following Hurricane Irma, to seek up to 75% of the funding to protect critical County facilities from damage faced from natural hazards. Authorization sought for the County Administrator's signature to submit the applications to the Florida Division of Emergency Management prior to August 6, 2018. D17 Report of Hurricane Irma finance activity by the Office of Management and Budget. D18 Board adopted the following Resolution approving the expenditure of the $3.99 million Fiscal Year 2017/18 Keys Stewardship funds and $1.5 million Fiscal Year 2018/19 Keys Stewardship funds, totaling $5.49 million, towards Monroe County's local cost share match of $7,930,383.00 under USDA NRCS Grant NR184209XXXXC27 for marine debris removal and related services resulting from Hurricane Irma; providing for an effective date. RESOLUTION NO. 195 -2018 Said Resolution is incorporated herein by reference. TAX COLLECTOR El Board granted approval to extend the 2018 Tax Roll and mail the bills prior to completion of the Value Adjustment Board Hearing. TOURIST DEVELOPMENT COUNCIL Fl Board granted approval and authorized execution of an Agreement with Monroe Council of the Arts, d /b /a Florida Keys Council of the Arts to supplement cost of tourist related programs. F2 Board granted approval and authorized execution of an Agreement with Florida Keys Fishing Tournaments, Inc. to oversee the TDC Fishing Umbrella, an advisory committee to make recommendations to the TDC and BOCC concerning funding for tourism related activities and marketing. F3 Board granted approval to exercise exemption of competitive solicitation requirement for professional services and enter into Agreement with JDO Insights, Inc. to provide Visitor Profile Survey Services. F4 Board granted approval and authorized execution of an Amendment to Agreement with City of Marathon for the Sombrero Beach Facilities Upgrade project to amend expiration date of Agreement to December 31, 2018. 61Pa g e 0 /° 1 8 2 18 F5 Board granted approval and authorized execution of an Amendment to Agreement with City of Marathon for the Coco Plum Shoreline Restoration project to amend expiration date of Agreement to December 31, 2018. F6 Board granted approval and authorized execution of an Amendment to Agreement with City of Marathon for the Amphitheatre Improvements project to amend expiration date of Agreement to December 31, 2018. PLANNING & ENVIRONMENTAL, BUILDING & CODE COMPLIANCE DEPARTMENTS J2 Board granted approval and authorized execution of Amendment No. 9 (Amendment) to the Agreement between Monroe County (County) and Pumpout USA, Inc. (Contractor) for Keys -Wide Mobile Vessel Pumpout Service (Pumpout Service), which is 1) contingent upon sufficient funding sources and levels required, and 2) providing for the term of the Amendment from July 1, 2018 through June 30, 2019. J3 Board granted approval and authorized execution of Work Order 4004 in the amount of $50,000.00 under the Transportation Planning Services contract with AECOM Technical Services, Inc., funded at 100% through a Joint Participation Agreement (JPA) from the Florida Department of Transportation (FDOT). J4 Board granted approval and authorized execution of Work Order 4005 in the amount of $50,000.00 under the 4 year Transportation Planning Services contract with AECOM Technical Services, Inc., for the review of private development permit applications, funded by private development applicants. J5 Board granted approval and authorized execution of an Interlocal Agreement (ILA) between Monroe County (County) and the Village of Islamorada (City) reimbursing the City in an amount up to $10,000.00 from Boating Improvement Funds (13I1 for costs to be incurred by the City during Fiscal Year 2019 for regulatory buoy maintenance. J6 Board granted approval and authorized execution of the Department of Environmental Protection (DEP) Agreement No.MV279 between Monroe County (County) and the DEP providing $180,000 in Clean Vessel Act (CVA) reimbursement funding to the County to assist with funding the County's Mobile Vessel Pumpout Service (Pumpout Service) for one year of operation from July 1, 2018 through June 30, 2019. J8 Board granted approval and authorized execution of a Contract with Underwater Engineering Services, Inc. for Removal, Refloating and /or Demolition and Disposal of Derelict Vessels, Floating Structures and Marine Debris. J9 Board granted approval and authorized execution of a Contract with Arnold's Auto & Marine Repair, Inc. for Removal, Refloating and /or Demolition and Disposal of Derelict Vessels, Floating Structures and Marine Debris. 71Pa g e 0 /° 1 8 2 18 J10 Board granted approval and authorized execution of a Contract with Coffin Marine Services, Inc. for Removal, Refloating and /or Demolition and Disposal of Derelict Vessels, Floating Structures and Marine Debris. J11 Board granted approval and authorized execution of a Contract with Lower Keys Marine Towing and Salvage, Inc. for Removal, Refloating and /or Demolition and Disposal of Derelict Vessels, Floating Structures and Marine Debris. J12 Board granted approval and authorized execution of a Contract with Coral Construction Company, Inc. for Removal, Refloating and /or Demolition and Disposal of Derelict Vessels, Floating Structures and Marine Debris. J13 Board granted approval and authorized execution of a Contract with American Underwater Contractors, Inc. for Removal, Refloating and /or Demolition and Disposal of Derelict Vessels, Floating Structures and Marine Debris. HOUSING AUTHORITY K1 Board granted approval of the Governor's reappointment of Aaron Castillo and the appointment of Patrick Labrada to the Monroe County Housing Authority Board of Commissioners. COMMISSIONER'S ITEMS L1 Board granted approval of Commissioner Neugent's appointment of Kristen Livengood to the Planning Commission, fulfilling the term of Beth Ramsay- Vickrey, who has resigned effective August 23, 2018. Ms. Livengood's first Planning Commission meeting will be September 26, 2018. COUNTY CLERK Ml Board granted approval of the correction to the October 17, 2007 minutes and duplicated Resolution numbers. The minutes duplicated four Resolution numbers that were assigned at the September 21, 2007 meeting (Resolution No. 360 -2007 to Resolution No. 363- 2007). M2 Board granted approval of the correction to the October 17, 2014 BOCC minutes. M3 Board granted approval BOCC Warrants (Including Payroll), for the month of June 2018, 10038450 - 10039680, 50004275 - 50004368 (PR), 3096735- 3097835 (PR Voucher), 23434- 23560 (WC), as follows: 001 General Fund, in the amount of $2,655,583.66; 101 Fine & Forfeiture Fund, in the amount of $4,155,345.36; 102 Road & Bridge Fund, in the amount of $489,574.10; 115 TDC District Two Penny, in the amount of $613,482.69; 116 TDC Admin & Promo 2 Cent, in the amount of $685,751.60; 117 TDC District 1,3 Cent, in the amount of $968,712.07; 118 TDC District 2,3 Cent, in the amount of $76,146.76; 119 TDC District 3,3 Cent, in the amount of $635,194.58; 120 TDC District 4,3 Cent, in the amount of $149,019.04; 121 TDC District 5,3 Cent, in the amount of $207,634.16; 125 Gov Fund Type Grants, in the 81Pa g e 0 /° 1 8 2 18 amount of $1,657,449.47; 141 Fire & Amb Dist 1 L &M Keys, in the amount of $759,904.10; 147 Uninc Svc Dist Parks &Rec, in the amount of $147,195.95; 148 Plan, Build, Zoning, in the amount of $376,095.16; 149 Municipal Policing, in the amount of $555,679.74; 150 E911 Enhancement Fund, in the amount of $78,188.78; 152 Duck Key Security Dist, in the amount of $52,547.95; 153 Local Housing Assistance, in the amount of $60,954.00; 157 Boating Improvement Fund, in the amount of $11,550.00; 158 Misc Special Revenue Fund, in the amount of $30,031.35; 160 Environmental Restoration, in the amount of $46,977.87; 162 Law Enforcement Trust 600, in the amount of $7,500.00; 163 Court Facilities, in the amount of $9,859.83; 164 Drug Facilities Fees, in the amount of $5,272.11; 171 Stock Island Wastewater, in the amount of $29,724.70; 180 Building Funds, in the amount of $528,401.00; 304 1 Cent Infra Surtax, in the amount of $545,224.33; 308 Infrastructure Sales Tax Revenue Bond, in the amount of $304.28; 310 Big Coppitt Wastewater, in the amount of $16.63; 311 Duck Key Wastewater, in the amount of $16.63; 312 Cudjoe Regional WW Proj, in the amount of $6,733.38; 314 Series 2014 Revenue Bonds, in the amount of $124,693.26; 316 Land Acquisition, in the amount of $577,378.92; 401 Card Sound Bridge, in the amount of $35,075.21; 403 Marathon Airport, in the amount of $157,890.69; 404 Key West Intl Airport, in the amount of $669,020.91; 406 PFC & Operating Restrictions, in the amount of $909,105.75; 414 MSD Solid Waste, in the amount of $921,634.31; 501 Worker's Compensation, in the amount of $302,394.90; 502 Group Insurance Fund, in the amount of $2,155,888.63; 503 Risk Management Fund, in the amount of $1,083,554.36; 504 Fleet Management Fund, in the amount of $157,145.78. M4 Board granted approval of FKAA invoices $50,000 or over for the fiscal year (to include salaries), relating to the Cudjoe Regional Wastewater System Project. M5 Board granted approval of FKAA invoices $50,000 or over for the fiscal year (to include salaries), relating to the Cudjoe Regional Wastewater System Project. The invoices under $50,000 are being provided for information only. M6 Board granted approval of Tourist Development Council expenses for the month of June 2018, as follows: Advertising, in the amount of $1,587,934.00; Bricks & Mortar Projects, in the amount of $872,625.77; Events, in the amount of $374,873.35; Office Supplies & Operating Costs, in the amount of $21,025.02; Personnel Services, in the amount of $107,307.43; Public Relations, in the amount of $39,644.46; Sales & Marketing, in the amount of $35,504.22; Telephone & Utilities, in the amount of $15,311.38; Travel, in the amount of $9,690.47; Visitor Information Services, in the amount of $79,509.36. M7 Board granted approval to dispose of BOCC Financial Records ranging from 1997- 2012 (see attached Records of Disposition Document for details). Said detail is incorporated herein by reference. M8 Board granted approval to declare fixed assets as surplus and allow them to be disposed of. Said list is incorporated herein by reference. 91Pa g e 0 '/7 1 8 2 18 COUNTY ADMINISTRATOR N2 Board granted approval of a Grant Agreement with the Florida Department of Environmental Protection as part of the Coastal Partnership Initiative to conduct a sea level rise vulnerability assessment of the County's Harry Harris Park, receiving $15,000.00 in grant funds and providing $15,000.00 in match funds budgeted for Fiscal Year 2018, and authorize the County Administrator to sign the agreement. COUNTY ATTORNEY 04 Board granted approval to accept proposal for renewal of Airport Liability Insurance from ACE Property and Casualty Ins. Co. through Arthur J. Gallagher & Co. with annual premium of $35,905.00, and for the Risk Administrator to sign all necessary forms. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS C5 Kevin Wilson, Assistant County Administrator; Bob Shillinger, County Attorney; and Roman Gastesi, County Administrator addressed the Board concerning approval to award to highest ranked respondent and enter into a Contract with West Construction, Inc. and authorization for the Mayor to execute contract for the construction of the Cudjoe Key New Fire Station 411 in the amount of $ 4,002,389.00. Funded by the one cent infrastructure sales tax. The following individual addressed the Board: David Martinez, representing Burke Construction Group. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Kolhage to award the contract and bring the contract back at a later date for execution. Roll call vote carried unanimously. HURRICANE IRMA RECOVERY Dl Christine Hurley, Assistant County Administrator, addressed the Board concerning the presentation by Hurricane Irma Long -term Recovery Group. Stephanie Kaple, Chair, Florida Keys Outreach Coalition, Inc., addressed the Board. Michelle Luckett made a Power Point Presentation. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Neugent permitting staff to work with the Recovery Group on a potential short term lease, maybe two years, for them to use the Habitat Restore property site for temporary lodging. Motion carried unanimously. COUNTY ATTORNEY 05 Mr. Shillinger and Ms. Hurley addressed the Board concerning direction on whether to build housing on the County owned property located at 5501 College Road, Stock Island (MCSO Headquarters and Jail) for Sheriffs deputies and other first responders. The following individuals addressed the Board: Sheriff Rick Ramsay, representing the Monroe County Sheriff's Office; Jim Scholl, representing the City of Key West; and Bart Smith, representing Sunset Apartments. After discussion, motion was by Commissioner Murphy and seconded by 101Page 0 '/7 1 8 2 1 8 Commissioner Neugent approving the item and directing staff to do all the necessary work. Roll call vote carried unanimously. 06 Mr. Shillinger and Mr. Gastesi addressed the Board concerning direction to terminate the use of the County Jail property for KOTS as of September 27, 2018 and authorization to assist the City in locating an alternative site within the city limits. The following individuals addressed the Board: Jim Scholl, representing the City of Key West; Bart Smith, representing Sunset Apartments; and Sheriff Rick Ramsay, representing the Monroe County Sheriff's Office. After discussion, Board directed Mr. Gastesi to work with the Sheriff and Mr. Scholl to find an alternative site; for Mr. Gastesi to include an update in his monthly report; and to have a report on progress every 90 days in Key West. After further discussion, motion was made by Commissioner Neugent and seconded by Commissioner Carruthers to extend the termination date to September 27, 2019. Roll call vote carried unanimously. COMMISSIONER'S ITEMS L2 Dr. Steve Davis, Senior Ecologist with Everglades Foundation, made a Power Point Presentation on canals that are exhibiting signs of reduced dissolved Oxygen due to debris from Hurricane Irma. It appears to be causing horrific effects to canal and near -shore water quality. Rhonda Haag, Sustainability Director, addressed the Board. PLANNING & ENVIRONMENTAL, BUILDING & CODE COMPLIANCE DEPARTMENTS Motion was made by Commissioner Carruthers and seconded by Commissioner Neugent to adopt the following two Resolutions (Item R2 & R3): R2 Resolution by the Monroe County Board of County Commissioners approving the extension of reservations for one hundred and four (104) affordable housing dwelling unit allocations consisting of one (1) very low income, fifty -one (5 1) low income, twenty (20) median income and thirty-two (32) moderate income allocations, for a proposed affordable dwelling unit development by Quarry Partners, LLC at property located at approximate mile marker 9, described as a parcel of land in Section 21, Township 67 South, Range 26 East, Big Coppitt Key, Monroe County, Florida, having real estate numbers 00120940 - 000100, 00120940 - 000201, and 00120940- 000302, until July 1, 2019 for building permit issuance. RESOLUTION NO. 196 -2018 Said Resolution is incorporated herein by reference. R3 Resolution by the Monroe County Board of County Commissioners approving the reservation extension of one hundred and four (104) affordable housing allocation awards, pursuant to the 380 Agreement with the state and municipalities to transfer 104 Key West BPAS units to Monroe County for the proposed affordable housing project known as "the Quarry ", by Quarry Partners, LLC at property located at approximate mile marker 9, described as a parcel of land in Section 21, Township 67 South, Range 26 East, Big Coppitt Key, Monroe County, 111Pa g e 0 7 1 8 2 018 Florida, having real estate numbers 00120940 - 000100, 00120940 - 000201, and 00120940- 000302, until July 1, 2019 for building permit issuance. RESOLUTION NO. 197 -2018 Said Resolution is incorporated herein by reference. Roll call vote carried unanimously. PLANNING & ENVIRONMENTAL, BUILDING & CODE COMPLIANCE DEPARTMENTS J1 Rich Jones, Senior Administrator, Marine Resources, made a Power Point Presentation regarding consideration of establishing a Slow Speed /Minimum Wake boating restricted area for the entirety of the Duck Key canal system and associated boat basins. The following individual addressed the Board: Sylvia Hernandez, representing Duck Key Security Advisory Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy to proceed with the slow speed zone processing. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS C16 Brian Cook, Employee Services Director, addressed the Board concerning approval of a Resolution authorizing a change in Section 4.10 Temporary Higher Classification of the Personnel Policy and Procedures Manual. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Neugent to adopt the following Resolution with the following revisions, (in addition to the requested changes): 4.10 TEMPORARY HIGHER CLASSIFICATION Due to a vacancy of a budgeted position an employee may be assigned full -time to work in a higher classification up to one year, unless otherwise determined by the County Administrator. An employee required to work in a higher classification 14 consecutive calendar days or less shall be required to do so at no increase in pay. If the employee is required to work beyond this period, he or she should be given a temporary transfer to the higher classification and be paid the greater of the minimum salary of the pay range or a 5% salary increase per higher level pay grade (whichever is greater) beginning on day 15. At the conclusion of the assignment, pay shall revert to the authorized rate established for his regular position. Any such temporary increase granted shall not affect the employee's eligibility for normal salary advancement. One or more employees may be temporarily assigned duties /responsibilities of a vacant budgeted position, which have a substantive impact on an employee's daily work life, are outside the normal scope, and require a new skill set. An employee assigned such duties /responsibilities for 14 consecutive calendar days or less shall be required to do so at no increase in pay. If the employee(s) is required to work beyond this period, the employee(s) will be given a temporary adjustment in pay of 3% beginning on day 15. At the 121Pa g e 0 7 1 8 2 018 conclusion of the assignment, pay shall revert to the authorized rate established for his/her regular position. Any such temporary increase granted shall not affect the employee's eligibility for normal salary advancement. Motion carried unanimously. RESOLUTION NO. 198 -2018 Said Resolution is incorporated herein by reference. C17 Mr. Gastesi and Mr. Cook and Cynthia Hall, Assistant County Attorney, addressed the Board concerning approval of a Resolution adding Section 21 to the Personnel Policies and Procedures Manual, establishing the Emergency Management Expectations Policy. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 199 -2018 Said Resolution is incorporated herein by reference. HURRICANE IRMA RECOVERY D14 Motion was made by Commissioner Kolhage and seconded by Commissioner Neugent granting approval to seek additional documentation, which was left out by the lowest bidder, A- 1 Property Services, for the Tavernier Fire Station Roof Replacement and enter into a contract if sufficient documentation is provided. A -1 Property Services bid is for $119,500.00. If documentation is not sufficient, staff seeks approval to award to the higher bidder, Roofing By Ruff, Inc., who submitted a bid of $272,000.00. The contract is to replace the roof on the Tavernier Fire Station which was partially removed during Hurricane Irma. Roll call vote carried unanimously. PLANNING & ENVIRONMENTAL, BUILDING & CODE COMPLIANCE DEPARTMENTS J7 Steve Williams, Assistant County Attorney; Mr. Shillinger and Ms. Hurley addressed the Board concerning approval of Contract Amendment 42 with Host Compliance for a two year extension, at a credited amount to the original contract for a software system that provides information regarding vacation rental activity. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Murphy granting approval and authorizing execution of the item. Motion carried unanimously. COUNTY ATTORNEY 02 Mr. Shillinger addressed the Board concerning approval of an Interlocal Agreement with the City of Marathon to transfer eighteen (18) affordable allocations from the County to the City for use at the St. Columba project on the condition that the eighteen (18) existing market rate allocations harvested from that site can only be used in the unincorporated area of the County. The following individual addressed the Board: Franklin Greenman, representing St. 131Pa g e 0 /° 1 8 2 18 Columba Episcopal Church. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Kolhage granting approval and authorizing execution of the item. Roll call vote carried unanimously. 03 Mr. Shillinger and Ms. Hurley addressed the Board concerning direction regarding a request from the City of Marathon to transfer 11 affordable ROGO allocations to the City of Marathon for the IMBY Project. The following individuals addressed the Board: Joshua Mothner, representing IMBY, Inc.; and George Garrett and Chuck Lindsey, representing the City of Marathon. After discussion, Board directed staff to negotiate an ILA that is mutually acceptable that provides the City with the 11 affordables and provides the County with acceptable compensation. Roll call vote carried unanimously. HURRICANE IRMA RECOVERY D2 Ms. Haag made a Power Point Presentation concerning approval of a Contract with the 41 ranked vendor, Adventure Environmental, Inc., in an amount not to exceed $35 million for removal of marine debris created by Hurricane Irma from canals in unincorporated Monroe County, City of Marathon and Village of Islamorada; also, authority to negotiate and enter into a contract with the next highest vendor(s), in rank order, if necessary. Ms. Hall addressed the Board. The following individuals addressed the Board: Greg Tolpin and Chris Colarusso, representing Adventure Environmental; Frank Fernandez and William Hodges, representing ATL Diversified; Bart Smith, representing Ashbritt; Mike Warmuth, representing Adventure Environmental; Ricky Arnold, Jr. and Doris Arnold, representing Arnold's Towing; and George Garrett, representing the City of Marathon. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Kolhage granting approval and authorizing execution of the item. Roll call vote carried unanimously. Motion was made by Commissioner Carruthers and seconded by Commissioner Neugent granting approval and authorizing execution of the following four items (D3, D 10, D 11 and D 12): D3 Approval to enter into a $49,257,802.90 Grant Agreement from the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) for marine debris removal, administrative and related services, of which $37,802,499.90 is reimbursable by NRCS and $11,455,303.00 is required as local cost share; and approval for the County Administrator to execute the Agreement and related documents. D10 Approval to enter into a Contract with Wood Environment and Infrastructure Solutions, Inc. for marine debris monitoring services as a result of Hurricane Irma. 100% Cost reimbursement is anticipated to be provided by USDA - Natural Resources Conservation Service (NRCS) as part of their Emergency Watershed Protection (EWP) Program in an amount not to exceed $3.1 million. Dl 1 Approval to enter into a revenue based $6,919,689.00 Interlocal Agreement with Islamorada, Village of Islands, for its share of the $49,257,802.90 grant agreement from the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) for marine debris removal, monitoring, administrative and related services; of which 141Pa g e 0 7 1 8 2 018 $5,272,144 is reimbursable by NRCS to Islamorada and $1,647,545 is required as Islamorada's local cost share; and approval for the County Administrator to execute the Agreement and related documents. D12 Approval to enter into a revenue based $7,884,975.00 Interlocal Agreement with the City of Marathon for its share of the $49,257,802.90 grant agreement from the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) for marine debris removal, monitoring, administrative and related services; of which $6,007,600 is reimbursable by NRCS to Marathon and $1,877,375 is required as Marathon's local cost share; and approval for the County Administrator to execute the Agreement and related documents. Roll call vote carried unanimously. PUBLIC HEARINGS P1 A Public Hearing was held pursuant to Section 102 -108 concerning a request for a Beneficial Use Determination by Patricia J. Edwards and Henry A. Olynger for property legally described as Lot 1, Tract A, Ramrod Shores Third Addition (PB6 -108), Ramrod Key, Monroe County, Florida having real estate number 00209971- 004600. All speakers were sworn in under oath by Pamela Hancock, D.C., Monroe County Clerk's Office. Van Fischer, Esquire, VDF Law PLLC, representing the applicants addressed the Board. Derek Howard, Assistant County Attorney; and Mr. Shillinger addressed the Board. The following individuals addressed the Board: John Slattery, Susan Slattery, Will Fox, Mark Oliver, representing Henry Olynger; Esteban Madruga, and Gregory R. Hojrowski. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Kolhage granting approval of the Recommended Order by Administrative Law Judge Francine M. Ffolkes, dated March 27, 2018, denying application for Beneficial Use Determination relief under Section 102 -104. Roll call vote carried unanimously. P5 A Public Hearing was held concerning approval of a Resolution renouncing and disclaiming any right of the County and the public in and to a portion of the right -of -way of Big Pine Street, as shown on the plat of Big Pine Shores, Plat Book 5, Page 20, bounded on the north by Block 1, Lot 8, Big Pine Shores PB5 -20; bounded on the west by Big Pine Street; bounded on the south by the southern platted boundary of Big Pine Street according to the plat of Big Pine Shores PB5 -20; and bounded on the east by the platted boundary of Big Pine Street according to the plat of Big Pine Shores; Big Pine Key, Monroe County, Florida. There were no public speakers. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 200 -2018 Said Resolution is incorporated herein by reference. P6 A Public Hearing was held concerning approval of a Resolution renouncing and disclaiming any right of the County and the public in and to a portion of the right -of -way of East First Street, as shown on the plat of MANDALAY, Plat Book 1, Page 194, bounded on 151Pa g e 0 7 1 8 2 018 the north by Block 2, Lots 26, 27, 28, & 29; bounded on the west by the portion of East First Street previously abandoned by BOCC Resolution 603 -2006; bounded on the south by Block 3, and 36 East Second Street 22; and bounded on the east by East First Street; Key Largo, Monroe County, Florida. There were no public speakers. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 201 -2018 Said Resolution is incorporated herein by reference. P7 A Public Hearing was held concerning approval of a Resolution renouncing and disclaiming any right of the County and the public in and to a portion of the right -of -way of Bow Road and an unnamed alley, as shown on the plat of SUGARLOAF TOWNSITE, Plat Book 3, Page 180, bounded on the west by Lots 27, 28, 29, 30, & 31; bounded on the north by US 1; bounded on the east by an unplatted parcel in Section 31, Township 66 South and Range 28 East; and bounded on the south by Kings Row; Monroe County, Florida. There were no public speakers. Motion was made by Commissioner Murphy and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 202 -2018 Said Resolution is incorporated herein by reference. P4 A Public Hearing was held concerning approval of an Ordinance creating the Middle Keys Health Care Municipal Service Taxing Unit, for the purpose of levying and collecting ad valorem taxes for indigent health care costs at Fishermen's Community Hospital in Marathon, Florida. Ms. Hall and Mr. Shillinger addressed the Board. The following individuals addressed the Board: James Lounand, Chairman, Fishermen's Baptist Hospital Foundation; Jay Hershoff, representing Fishermen's Hospital; Sylvia Hernandez, representing Duck Key Security Advisory Board; Thomas Ryan, Philip Kircher, William Knetge, Alice Anderson, Sherry Popham, Beth Smith, Robert Belcaston, Michael Puto, Ronna Martino, George Garrett, representing Rotary of Marathon; Daniel Samess, representing Marathon Chamber of Commerce; Peter Chapman, Elizabeth Lefler, David Grego, representing the Board of Realtors; (Marathon) Councilman Mark Senmartin, Cynthia Winterhalter, Carolyn Maki, Bettye Chaplin, Charlotte Quinn, Lois Grayden, Mary Balazs, Robert Barnes, and Mayor Michelle Coldiron, representing the City of Marathon. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Neugent to adopt the following Ordinance. Roll call vote carried unanimously. ORDINANCE NO. 012 -2018 Said Ordinance is incorporated herein by reference. P2 A Public Hearing was held to consider approval of a Resolution of the Board of County Commissioners of Monroe County, Florida, amending interim development Ordinance 011- 2017 to reduce its scope, to allow new applications or received applications that have not been fully approved, to utilize Monroe County Code Section 139 -2 (Affordable Housing Incentive Program) or Section 138 -22(b) (Transfer of ROGO exemptions) to transfer Market Rate 161Page 0 '/7 1 8 2 1 8 ROGO exemptions only to Tier III platted lots within the Improved Subdivision (IS) or Urban Residential Mobile -Home (URM) Land Use District and within the same ROGO planning subarea for the development of single family detached dwelling units and the receiver site shall not be a working waterfront, as recommended by the Affordable Housing Advisory Committee and the BOCC; providing for severability, providing for transmittal to the State Land Planning Agency and the Secretary of State, providing for an effective date. Emily Schemper, Acting Senior Director of Planning & Environmental Resources, addressed the Board. There were no public speakers. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Carruthers to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 203 -2018 Said Resolution is incorporated herein by reference. P3 A Public Hearing w a s h e 1 d to consider adoption of an Ordinance revising Section 19 -33 of the Monroe County Code to allow for right -of -way permits to be issued to corporations in addition to property owners and property /homeowners associations. 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. 013 -2018 Said Ordinance is incorporated herein by reference. P8 A Public Hearing to consider adoption of an Ordinance abolishing the Monroe County Municipal Service District which was created for purposes of providing garbage, trash, waste collection and disposal and which was replaced by the Monroe County Solid Waste Municipal Service Benefit Unit in 1989, but was never formally abolished and approval of a Resolution to authorize staff to dissolve District accounts, property and contracts. Mr. Shillinger addressed the Board. There were no public speakers. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to adopt the following Ordinance and Resolution. Motion carried unanimously. ORDINANCE NO. 014 -2018 Said Ordinance is incorporated herein by reference. RESOLUTION NO. 204 -2018 Said Resolution is incorporated herein by reference. P9 A Public Hearing was held to consider adoption of an Ordinance by the Monroe County Board of County Commissioners amending Chapter 26 ( "Waterways ") of the Monroe County Code of Ordinances to create Article VIII ( "Floating Structures "); providing for prohibition of floating structures in County waters. Ms. Hurley, Mr. Wilson, Mr. Shillinger, Mr. Jones and Mr. Morris addressed the Board. There were no public speakers. Motion was made by Commissioner Murphy and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. 171Pa g e 0 7 1 8 2 018 ORDINANCE NO. 015 -2018 Said Ordinance is incorporated herein by reference. COUNTY ADMINISTRATOR N1. Mr. Gastesi referred the Board to the County Administrator's Report for July 2018. Said report is incorporated herein by reference. Mr. Gastesi advised the Board that he will be meeting with each Commissioner prior to the Budget Hearing scheduled on July 31, 2018. COUNTY ATTORNEY 01 Mr. Shillinger referred the Board to the County Attorney Report for July 2018. Said report is incorporated herein by reference. Mr. Shillinger advised the Board that the closed captioning on MCTV was up and running today. COMMISSIONER'S COMMENTS Q1 Commissioner Kolhage advised the Board that Ms. Schemper will be bringing back to the Board potential options for Comprehensive Plan and Code amendments that would allow certain properties that are not a part of a plat within Improved Subdivisions to develop a house. 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 181Page 0 '/7 1 8 2 1 8