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07/17/2019 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, July 17, 2019 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 Michelle Coldiron, Commissioner Danny Kolhage, Commissioner David Rice and Mayor Sylvia Murphy. Also present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Kevin Madok, Clerk of Court; Pamela Hancock, Deputy Clerk; county staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS & DELETIONS A Motion was made by Commissioner Kolhage and seconded by Commissioner Coldiron granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS B1 Presentation of Mayor's Proclamation proclaiming the month of July 2019 as Opioid Use Disorder Awareness Month. BULK APPROVALS Motion was made by Commissioner Coldiron and seconded by Commissioner Carruthers granting approval of the following items by unanimous consent: C1 Board granted approval and authorized execution of the 2nd Amendment to Agreement with Barnes Alarm Systems, Inc. for Fire and Panic Alarm Maintenance, Monitoring, and Inspection Services. This amendment adds more locations for monitoring and incorporates security camera installation, monitoring and maintenance,thereby increasing the level of services provided. This contract is paid from Funds 001, 101, and 147. C2 Board granted approval and authorized execution of the 2nd Amendment to the Pharmacy Benefit Management Services Agreement with Envision Pharmaceutical Services, LLC,the County's Pharmacy Benefit Manager(PBM),revising Exhibit 1 to the Agreement(Fees and Financial Guarantees)to reflect changes as a result of the requirement for 90-day mandated refills but elimination of a requirement to use Walgreens only for the refills,both implemented in 2018; also, rescission of the 1st Amendment to the PBM Services Agreement. I I P a g e 07 / a 7/20 9 C3 Board granted approval and authorized execution of the Purchasing Card Program Eligible User Agreement with Bank of America through the State of Florida Purchasing Card Program. C4 Board adopted the following Resolutions concerning the Transfer of Funds and Receipt of Unanticipated Revenue: Receipt of Unanticipated Funds (OMB Schedule Item No. 1). RESOLUTION NO. 173-2019 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 2). RESOLUTION NO. 174-2019 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 3). RESOLUTION NO. 175-2019 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 176-2019 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 5). RESOLUTION NO. 177-2019 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 178-2019 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 7). RESOLUTION NO. 179-2019 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 8). RESOLUTION NO. 180-2019 Said Resolution is incorporated herein by reference. Amending Resolution No. 158-2019 (OMB Schedule Item No. 9). RESOLUTION NO. 181-2019 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 182-2019 Said Resolution is incorporated herein by reference. 2 Pegs fib / V / 20 V9 Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 183-2019 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 184-2019 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 185-2019 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 186-2019 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 187-2019 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 188-2019 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 189-2019 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 190-2019 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 191-2019 Said Resolution is incorporated herein by reference. C5 Board granted approval of the transmittal of the County Administrator's Fiscal Year 2020 Recommended Budget. Said Budget is incorporated herein by reference. C6 Board granted approval of the Monroe County Purchasing Policy, which includes revisions to update and clarify procedures and forms for purchases, competitive solicitations, Federal procurements and purchasing cards. Said Policy is incorporated herein by reference. C7 Board granted approval and authorized execution of an Agreement with the State of Florida, Division of Emergency Management concerning an Emergency Management 31 P a g e 07 / a 7/20 9 Preparedness and Assistance Base Grant (Agreement No. A0036)in the amount of$105,806.00, fully grant funded with no county match; and authorization for the County Administrator to execute any other required documentation in relation to the grant. C8 Board granted approval and authorized execution of the 2nd Amendment to the Contract with WSP USA, Inc., for Construction Engineering and Inspection Services for the Pigeon Key Ramp Rehabilitation Project to add Certified Welding Inspector Personnel, in the maximum not to exceed amount of$5,595.79, for a revised total contract amount of$310,993.88. Although the project is funded through a Local Agency Program Agreement with the Florida Department of Transportation, the County will have to fund this Amendment. C9 Board granted approval and authorized execution of a Task Order for Engineering Design and Permitting Services between Monroe County and HDR Engineering, Inc. for Cudjoe Gardens Drainage Rehabilitation Project. This task order is being awarded under the HDR Engineering on Call Professional Engineering Services in the lump sum not to exceed amount of $35,407.93. And granted approval to use HDR Engineering out of normal rotation for continuing services contracts due to next consultant in regular rotation not being available, in needed time frame, due to commitments on other county project(s). C10 Board granted approval and authorized execution of the Issuance(renewal) of a Class A Certificate of Public Convenience and Necessity to National Health Transport, Inc., for the operation of an ALS Interfacility Transport Ambulance Service for the period August 17, 2019 through August 16, 2021. C11 Board granted approval of the ratification of Alzheimer's Disease Initiative Program Contract KZ-1997 between the Alliance for Aging, Inc., and Monroe County Board of County Commissioners/Monroe County Social Services In-Home Services for the Contract Year 2019- 2020 (July 1, 2019 to June 30, 2020)in the amount of$189,458.40. C12 Board adopted the following Resolution of the Board of County Commissioners of Monroe County, Florida approving the Local Housing Assistance Plan as required by the State Housing Initiatives Partnership Program Act, Sections 420.907-420.9079, Florida Statutes; and Rule Chapter 67-37, Florida Administrative Code; authorizing and directing the Mayor or County Administrator or his designee to execute any necessary documents and certifications needed by the State; authorizing the submission of the Local Housing Assistance Plan for review and approval by the Florida Housing Finance Corporation; and providing an effective date. RESOLUTION NO. 192-2019 Said Resolution is incorporated herein by reference. C13 Board granted approval and authorized execution of the 3rd Amendment to Contract No. AA-1929, Older Americans Act (OAA)between the Alliance for Aging, Inc., and the Monroe County Board of County Commissioners/Monroe County Social Services/In-Home Services and Nutrition Programs for the contract period of January 1, 2019 through December 31, 2019, to increase funding by $30,610.45. This amendment changes the total OAA Contract funding of $695,615.38 to $726,225.83. 4 1 P a g e 0 // 7/ 2� 9 C14 Board granted approval and authorized execution of the Food Service Agreement between Star of the Sea Foundation, Inc., and Monroe County Social Services/Nutrition Program for the period of July 1, 2019 through June 30, 2020. C15 Board granted approval and authorized execution of the Food Service Agreement between G.A. Food Service, Inc., and Monroe County Social Services/Nutrition Program for the period of July 1, 2019 through June 30, 2020. C16 Board granted approval and authorized execution of the 4d'Modification to Federally Funded Subgrant Weatherization Assistance Program (WAP) Agreement 17WX-OG-11-54-01- 039 between the State of Florida, Department of Economic Opportunity and Monroe County Board of County Commissioners/Monroe County Social Services to increase funding by $113,830.00, bringing the total WAP allocation from $337,961.91 to $451,791.91. C17 Board accepted the report of monthly Change Orders for the month of June reviewed by the County Administrator/Assistant County Administrator. Said report is incorporated herein by reference. C18 Board granted approval and authorized execution of the 2nd Amendment to the Administrative Agreement with the Florida Keys Council of the Arts for a three year renewal of its Agreement to utilize 10% of the art funding for each project for administrative expenses incurred. C19 Board granted approval and authorized execution of a Lease with Frank Dirico c/o Industrial Communications and Electronics Inc. to lease vacant land on Blimp Road, Cudjoe Key, Florida to be used as a disaster debris management site or temporary disaster staging site as needed. C20 Board granted approval and authorized execution of a Lease with Rockland Operations, LLC to lease vacant land on Industrial Drive, Rockland Key, Florida to be used as a disaster debris management site or temporary disaster staging site as needed. C21 Board granted approval to issue a bid solicitation for Janitorial Services at the Key West International Airport. C22 Board granted approval to issue a bid solicitation for expansion of the existing Departure Terminal Hold Room at the Key West International Airport by approximately 700 square feet, adding approximately 55 +/- additional passenger seats,renovation of the restrooms and adding a service animal relief area. This project will be funded 100%by future anticipated PFC Application 918. C23 Board granted approval to issue a bid solicitation for construction of a two-lane access road to connect South Roosevelt Boulevard to the Fixed Base Operator's fuel farm located at the Key West International Airport. The project is funded 100%by PFC Fund 406 (PFC 917). C24 Board granted approval to ratify prior BOCC approval of agenda Item Cl 1 on May 22, 2019, awarding bid and one-year agreement with GOC, Inc. d/b/a Island Fence for Perimeter 5 1 P a g e 0 // 7/ 2� 9 Fence Maintenance, Repair& Modification at the Key West International Airport. This agenda item now includes the entire contract documents. The contract costs will be paid from Airport Operating Fund 404; and/or FDOT Grants. C25 Board granted approval to waive Purchasing Policies and Procedures and enter into a Contract with sole source vendor G and S Mechanical USA, Inc. in the amount of$1,412,585.00 for the purpose of expanding the baggage conveyor system at the Key West International Airport; the project is being funded by PFC Fund 406 (PFC 416 and future anticipated PFC 418); FDOT Grant G1603; and Airport Operating Fund 404. C26 Board granted approval to issue a bid solicitation for the sale of a surplus tank of Halotron fire suppression agent located at the Key West International Airport Fire Rescue Station. C28 Board granted approval to ratify the Federal Aviation Administration Grant Agreement 43-12-0037-058-2019 providing funding in the amount of$360,000.00 to Rehabilitate Runway 9 EMAS (Engineered Material Arresting System) at the Key West International Airport. The project will be funded 90%by FAA; and 10%Airport Operating Fund 404. C29 Board granted approval and authorized execution of the Lease Assignment, Assumption, and Consent of Lease with Tropical Watersports, LLC to Salute Watersports, LLC for the mobile retail merchandise or service concession at Higgs Beach. C30 Board granted approval and authorized execution of a Property Management Agreement Assignment, Assumption, and Consent for management of the bandstands at Higgs Beach from Tropical Watersports, LLC to Salute Watersports, LLC. HURRICANE IRMA RECOVERY D2 Board adopted the following Resolution accepting the proposal of PNC Bank, National Association, to provide a Term Loan in an amount necessary to refinance amounts outstanding under the County's existing Line of Credit, taken out in January 2018 in order to finance extraordinary hurricane expenditures, currently estimated at approximately $35.5 million; also, approving the form of the Loan Agreement to be used with the lender; authorization to negotiate the final terms with the lender for the Loan; and authorization for the Mayor and County Administrator to sign all necessary documents. RESOLUTION NO. 172-2019 Said Resolution is incorporated herein by reference. D6 Board granted approval and authorized execution of the 1st Change Order to the Contract with Sea Tech of the Florida Keys, Inc. for the Monroe County Sheriffs Office Headquarters Building on Stock Island which was damaged during Hurricane Irma. This change order increases the contract by $129,750.65 for a total contract amount of$479,730.65. 6 1 P a g e 0 // 7/ 2� 9 TOURIST DEVELOPMENT COUNCIL El Board granted approval and authorized execution of an Agreement with Keys Association of Dive Operators, Inc. to act as a Dive Umbrella to make recommendations to the Monroe County TDC and BOCC concerning dive/snorkeling related marketing activities commencing October 1, 2019 and terminating on September 30, 2022 with an option to extend for an additional two year period. PLANNING& ENVIRONMENTAL RESOURCES, BUILDING & CODE COMPLIANCE DEPARTMENTS I3 Board granted approval and authorized execution of Work Order No. 009 in the amount of$50,000.00 under the four year Transportation Planning Services Contract with AECOM Technical Services, Inc., for the review of private development permit applications, funded by private development applicants. I4 Board granted approval and authorized execution of Task Assignment (FK-159)with the Florida Fish & Wildlife Conservation Commission to receive $125,000.00 which will allow the County to hire a contracted crew of invasive exotic plant control technicians to treat invasive exotic plants on conservation lands that are owned or managed by Monroe County. I5 Board adopted the following Resolution waiving approximately $94,680.00 in building permit fees for twelve deed-restricted affordable housing units to serve the 80% of median income level to be built on twelve lots; eleven on Big Pine Key at approximate mile marker 31; and one on Little Torch Key at approximate mile marker 28.3, having real estate numbers 00111320-001500, 00304810-000000, 00306540-000000, 00300500-000000, 00302780-000000. 00300790-000000, 00306550-000000, 00306000-000500, 00306000-000800, 00305170-000000, 00306200-000000 and 00222840-000000 by the Monroe County Land Authority. RESOLUTION NO. 193-2019 Said Resolution is incorporated herein by reference. I7 Board granted approval to advertise a Request for Qualifications to perform Demolition, Removal and Disposal of Uninhabitable/Unsafe Structures and Debris in Monroe County. I8 Board granted approval of the ratification of the 2nd Amendment to an Interlocal Agreement (ILA)between Monroe County and the City of Marathon transferring forty-six affordable housing ROGO allocations from the County to the City. The amendment is necessary to (1)reflect the name change of the project developer to Crystal Cove Housing Partners, LP (previously HTG Crystal Cove Resort, LLLP); (2) change the income categories of the allocations from previously approved 23 low income, 3 very low income, and 20 moderate income, to 46 low income allocations; and (3) approve the Second Amendment to the ILA. The project has been awarded Low Income Housing Tax Credits (LIHTC). This item which was approved on June 19, 2019 (Item I7)now includes Exhibit A, legal description. 7 1 P a g e 0 // 7/ 2� 9 I9 Board granted approval of the ratification of the 2nd Amendment to an Interlocal Agreement between Monroe County and the City of Marathon transferring fifty-two low income and 3 very low income(55 total allocations) Affordable Housing ROGO allocations from the County to the City. The amendment is necessary to reflect the name change of the project developer to Marathon Key Housing Partners, LP (previously Key Vaca, LLC). This item which was approved on June 19, 2019 (Item I4)now includes Exhibit A,the legal descriptions. I10 Board granted approval and authorized execution of Work Order No. 008 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 from the Florida Department of Transportation. SHERIFF'S OFFICE Kl Board granted approval and authorized execution of a Memorandum of Understanding between the Monroe County Sheriff's Office and Monroe County Board of County Commissioners to apply for reimbursement of funds from the Urban Area Security Initiative (UASI) FY 2018 Grant/Homeland Security Office of Domestic Preparedness with the City of Miami - Memorandum of Agreement Number 19-DS-04-11-23-02-319, by which the City of Miami sub-granted $91,285.00 of which $45,642.50 was to be given to Monroe County Sheriff's Office for the purchase of equipment approved by the granting agency as well as other items. COMMISSIONER'S ITEMS L2 Board granted approval to include $50,000.00 in the Fiscal Year 2019-2020 Budget for Fair Insurance Rates in Monroe for wind and flood insurance advocacy, costs in collecting science and data used by FEMA in preparation of upcoming Monroe County Flood Map updates, storm hardening education and Community Rating System Outreach. L4 Board adopted the following Resolution expressing the Monroe County Commission's support for the Brief of Local Governments and Mayors as Amici Curiae in Support of the Employees in the matters of Gerald Bostock v. Clayton County, Georgia, et al(Altitude Express, Inc. v. Zarda, and R.G. & G.R. Harris Funeral Homes v. EEOC and Aimie Stephens), in the Supreme Court of the United States. RESOLUTION NO. 194-2019 Said Resolution is incorporated herein by reference. COUNTY CLERK MI Board granted approval of the minutes from the Special Meeting of May 8, 2019 and the Regular Meeting of May 22, 2019. Said minutes are incorporated herein by reference. M2 Board granted approval of BOCC Warrants (Including Payroll) for the month of June 2019, 10054474-10055861, 50005032-50005072 (PR), 3111762-3112941 (PR Voucher), 24700- 24806 (WC), as follows: 001 General Fund, in the amount of$3,118,767.20; 101 Fine& Forfeiture Fund, in the amount of$4,324,496.93; 102 Road& Bridge Fund, in the amount of 81 P a g e 07 / a 7/20 9 $453,316.28; 115 TDC District Two Penny, in the amount of$823,300.90; 116 TDC Admin & Promo 2 Cent, in the amount of$752,405.22; 117 TDC District 1,3 Cent, in the amount of $639,155.24; 118 TDC District 2,3 Cent, in the amount of$113,109.49; 119 TDC District 3,3 Cent, in the amount of$220,569.88; 120 TDC District 4,3 Cent, in the amount of$65,667.16; 121 TDC District 5,3 Cent, in the amount of$123,159.91; 125 Gov Fund Type Grants, in the amount of$2,998,504.07; 141 Fire & Amb Dist 1 L&M Keys, in the amount of$744,494.25; 147 Uninc Svc Dist Parks&Rec, in the amount of$207,448.81; 148 Plan, Build, Zoning, in the amount of$438,105.24; 149 Municipal Policing, in the amount of$591,106.25; 150 E911 Enhancement Fund, in the amount of$38,614.49; 152 Duck Key Security Dist, in the amount of $9,076.52; 153 Local Housing Assistance, in the amount of$24,188.50; 157 Boating Improvement Fund, in the amount of$2,900.00; 158 Misc Special Revenue Fund, in the amount of$36,612.49; 160 Environmental Restoration, in the amount of$14,436.99; 162 Law Enforcement Trust-600, in the amount of$5,500.00; 163 Court Facilities, in the amount of $9,025.04; 171 Stock Island Wastewater, in the amount of$820.00; 180 Building Funds, in the amount of$406,337.95; 207 2003 Revenue Bonds, in the amount of$4,666,578.68; 304 1 Cent Infra Surtax, in the amount of$118,873.78; 312 Cudjoe Regional WW Proj, in the amount of $6,867.34; 314 Series 2014 Revenue Bonds, in the amount of$221,107.74; 316 Land Acquisition, in the amount of$397,537.00; 401 Card Sound Bridge, in the amount of $362,596.36; 403 Marathon Airport, in the amount of$108,570.39; 404 Key West Intl Airport, in the amount of$689,724.94; 406 PFC & Operating Restrictions, in the amount of$737,074.31; 414 MSD Solid Waste, in the amount of$1,536,595.64; 501 Worker's Compensation, in the amount of$175,085.06; 502 Group Insurance Fund, in the amount of$1,221,181.08; 503 Risk Management Fund, in the amount of$1,351,466.20; 504 Fleet Management Fund, in the amount of$195,383.55. M3 Board granted approval of Tourist Development Council expenses for the month of June 2019, as follows: Advertising, in the amount of$1,440,417.71; Bricks & Mortar Projects, in the amount of$334,063.58; Events, in the amount of$334,327.66; Office Supplies & Operating Costs, in the amount of$44,996.13; Personnel Services, in the amount of$103,157.76; Public Relations, in the amount of$218,269.39; Sales & Marketing, in the amount of$66,094.49; Telephone &Utilities, in the amount of$19,123.22; Travel, in the amount of$15,660.06; Visitor Information Services, in the amount of$87,784.36. M4 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. M5 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. COUNTY ADMINISTRATOR N1 Board accepted the County Administrator's Report for July 2019. Said report is incorporated herein by reference. 91 P a g e 07 / a 7/20 9 N4 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 one Child Advocate Manager Position retroactive to July 1, 2019 through June 30, 2020 (State of Florida FY 2019-2020). COUNTY ATTORNEY 04 Board granted authorization to initiate litigation against South Shore Rentals, Ltd., and affiliated officers, fiduciaries, agents, and other responsible parties, regarding unauthorized floating structures located on Lake Surprise, Key Largo, Florida, and any other property owned by it if necessary, to seek compliance with the Monroe County Code(s). 06 Board granted approval of the semi-annual examination of Public Official Bonds for County Commissioners and Constitutional Officers pursuant to F.S. 137.05 and §2-28 of the Monroe County Code and finding that all current bonds and/or insurance policies are adequate. 07 Board granted approval of a request for conflict waiver from the law firm of Bryant Miller Olive(BMO), to allow BMO to represent PNC Bank for the purpose of refinancing the existing Line of Credit with the County; authorization for the County Attorney or his designee to sign the conflict waiver letter. 08 Board granted approval to accept proposal for renewal of Airport Liability Insurance from ACE Property and Casualty Insurance Company through Arthur J. Gallagher& Co. with annual premium of$39,497.00, and authorization for the Risk Administrator to sign all necessary forms. 09 Board granted approval to file a circuit court action to obtain a court order authorizing demolition by the County of an unsafe, unoccupied, non-homesteaded, uninhabitable structure located at 1561 State Rd 4A, Little Torch Key, Monroe County, Florida owned by the Longo Family Revocable Living Trust, and granted authorization to initiate litigation against the property owners to enforce the lien arising from Code Compliance Case Number CE18060092. 010 Board granted approval to file a circuit court action to obtain a court order authorizing the County to make all reasonable repairs including, and up to demolition which are required to bring the unoccupied property located at 773 —775 Pirates Road, Little Torch Key, Monroe County, Florida owned by the Federal National Mortgage Association into compliance, and granted authorization to initiate litigation against the property owners to enforce the lien arising from Code Compliance case number CE16090097. Ol 1 Board granted approval and authorized execution of a Contract with Abbie A. Kelley to purchase a less than fee interest in Block 4, Lot 22, Revised Amended Plat of Riviera Village (PB 2-80)with parcel number 00511410-000000; and a purchase price of$71,584.00 for density reduction purposes. 012 Board granted approval and authorized execution of a Contract with Charles E. Street to purchase a less than fee interest in Block 19, Lot 3, Cutthroat Harbor Estates First Addition (PB 101Pa g e 0 // 7/ 2� 9 5-60)with parcel number 00186810-000000; and a purchase price of$99,999.00 for density reduction purposes. 013 Board granted approval and authorized execution of a Contract with Thomas D. Hampton, Jr. and Susan H. Barbor, co-trustees of the Barbor Hampton Revocable Trust, to purchase a less than fee interest in Block 4, Lot 18, Doctors Arm First Addition (PB 4-149)with parcel number 00311460-000000; and a purchase price of$43,775.00 for density reduction purposes. 014 Board granted approval and authorized execution of a Contract with Robert Wehrung to purchase a less than fee interest in Block 23, Lot 3, Port Pine Heights Second Addition (PB 4- 167)with parcel number 00291810-000000; and a purchase price of$18,817.00 for density reduction purposes. 015 Board granted approval and authorized execution of a Contract with Patricia L. Siler to purchase a less than fee interest in Lot 30, Hollerich Subdivision (PB 4-156)with parcel number 00285360-000000; and a purchase price of$65,205.00 for density reduction purposes. 016 Board granted approval and authorized execution of a Contract with Darin Thomas Robert, individually and as Trustee of the Thomas Joseph Robert Revocable Trust dated March 25, 2019, to purchase a less than fee interest in Lot 40, Hollerich Subdivision (PB 4-156)with parcel number 00285450-000000; and a purchase price of$65,205.00 for density reduction purposes. 017 Board granted approval and authorized execution of a Contract for legal services with the law firm of Klein Hornig LLP to provide representation in matters related to relocation assistance requirements for affordable housing projects. S2 Board granted approval and authorized execution of the I"Amendment to Option Agreement with Howard's Haven, LLC to purchase Block 22, Lots 1 through 4, Sands, Big Pine Key (Howard's Haven) for affordable housing for an additional amount of$2,500.00. S3 Board granted approval and authorized execution of the 1st Amendment to Option Agreement with JDLC, Inc. to purchase Conch Trailer Court on Conch Key for affordable housing. PROJECT MANAGEMENT S4 Board granted approval and authorized execution of a Contract with the highest ranked respondent, Cornerstone Design, to build a 360 square foot (one bedroom, one bathroom) "Tiny Home" on a County owned parcel at 39 Jenny Lane, Key Largo for a lump sum fee of $101,197.00 paid for by One Cent Infrastructure Sales Tax Funds. S5 Board granted approval and authorized execution of a Contract with the highest ranked respondent, Advanced Construction Technologies, LLC., to build a 1,012 square foot (three 111 P a g e 07 / V 7/20b 9 bedroom, two bathroom) "Tiny Home" on a County owned parcel at First Avenue West, Cudjoe Key for a lump sum fee $207,199.00 paid for by One Cent Infrastructure Sales Tax Funds. S6 Board granted approval and authorized execution of a Contract with the highest ranked respondent, RAS Building Commissioning and Restoration, LLC, d/b/a Solair House, to build a 640 square foot (two bedrooms, one bathroom) "Tiny Home" on a County owned parcel on West Indies Drive, Ramrod Key, for a lump sum fee of$153,600.00 paid for by Once Cent Infrastructure Sales Tax Funds (304). S7 Board granted approval to reject all proposals and re-advertise the Request for Proposals for the "Tiny Homes" project at the Big Coppitt Key site. The proposals received for this site did not meet the guidelines of the project. S8 Board granted approval and authorized execution of a Contract for the Big Pine Key Community Park ball field and bocce court lighting repairs for $333,770.00 to Electrical Contracting Service, Inc. Repairs are for Hurricane Irma damage. BUDGET & FINANCE S9 Board adopted the following Resolutions concerning the Transfer of Funds and for the Receipt of Unanticipated Revenue to account for reimbursements received by FEMA and the State in the amount of$16,708,633.27: Receipt of Unanticipated Funds (OMB Schedule Item No. A). RESOLUTION NO. 195-2019 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. B). RESOLUTION NO. 196-2019 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. Q. RESOLUTION NO. 197-2019 Said Resolution is incorporated herein by reference. Motion carried unanimously. HURRICANE IRMA RECOVERY/PLANNING& ENVIRONMENTAL RESOURCES, BUILDING& CODE COMPLIANCE DEPARTMENTS Juanita Jones, Housing Recovery Administrator, gave a Power Point Presentation concerning Items D3, D4, Il and I6. Christine Hurley and Kevin Wilson, Assistant County Administrators; and Bob Shillinger, County Attorney, addressed the Board. The following individuals addressed the Board: Marlen Weeks, Alicia Quintana, Charles Cashwell, Paul Bean, Nancy Bean, representing Port Largo Residential Property Owner's Association; Beverly Newman, representing Key Largo Mini Storage; Marisol Almeida and Rick Houser. After 121Pa g e 0 i V / 209 discussion, motion was made by Commissioner Rice and seconded by Commissioner Carruthers granting approval of the following four items (D3, D4, Il and I6): D3 Approval to submit an application and pay an application fee of$1,500.00 for disaster recovery grant funding to the Florida Housing Finance Corporation for land acquisition and new construction of affordable workforce rental housing utilizing Community Development Block Grant - Disaster Recovery funding. The grant request is for up to $8 million dollars for new construction grant funding; and up to $2.1 million dollars for land acquisition funding related to the redevelopment of Howard's Haven and Conch Key park sites; and the Key Largo Atlantic Boulevard site. D4 Approval of a Ground Lease between the Monroe County BOCC and the Monroe County Housing Authority for development of 25 affordable housing units at sites currently owned or under contract for purchase, including Howard's Haven Trailer Park at 31535 Avenue C, Big Pine Key; Conch Key Trailer Park at 31 S. Conch Avenue and 2 N. Conch Avenue, Conch Key; and a Key Largo site on Atlantic Boulevard, required under the terms of the competitive Request for Application issued by the Florida Housing Finance Corporation (FHFC) for land acquisition and new construction of affordable workforce rental housing utilizing Community Development Block Grant - Disaster Recovery funding and approval for County Administrator or his designee to finalize wording of lease to meet FHFC Request for Applications (RFA)requirements because of RFA response deadline and the expected issuance date of the final RFA. I1 Approval of a Resolution to reserve five affordable housing allocations consisting of four low-income and one very-low income affordable housing allocations pursuant to Monroe County Code Section 138-24(b) for a five-unit affordable housing development located on Homestead Avenue, Atlantic Boulevard, and St. Croix Place,Part Tract "E" and part of abandoned St. Croix Place,Port Largo, Key Largo (approximate mile marker 99.5),having Property Identification Number 00453440-001100,until July 17, 2020. RESOLUTION NO. 198-2019 Said Resolution is incorporated herein by reference. I6 Approval of a Resolution waiving approximately $172,896.00 in building permit fees for twenty-five deed-restricted affordable housing units to serve the 80% of median income level to be built on four parcels, one on Big Pine Key at approximate mile marker 31.5; two on Conch Key at approximate mile marker 62.9; and one on Key Largo at approximate mile marker 99.5, having real estate numbers 00302670-000000, 00385780-000400, 00385780-000000, and 00453440-001100 by the Monroe County BOCC. RESOLUTION NO. 199-2019 Said Resolution is incorporated herein by reference. Roll call vote carried unanimously. 131 P a g e 07 / a 7/20 9 COMMISSIONER'S ITEMS LI Mr. Shillinger, Mr. Wilson, Roman Gastesi, County Administrator; and Ms. Hurley addressed the Board concerning direction regarding future use of the Big Pine Key Road Prison property and communications between the county and state regarding its lease. Dr. Frank Wood, representing The College of the Florida Keys, addressed the Board. The Board took no official action. HURRICANE IRMA RECOVERY D5 Rhonda Haag, Director of Sustainability and Projects, gave a Power Point Presentation on the status of Hurricane Irma marine debris removal from canals in unincorporated Monroe County, City of Marathon and Village of Islamorada. Cynthia Hall, Assistant County Attorney, addressed the Board. AIRPORT Richard Strickland, Director of Airports, gave a Power Point Presentation update on Key West International Airport. The Board took no official action. Commissioner Carruthers excused herself from the meeting. SI Marty Hiller, representing Marathon Jet Center, addressed the Board concerning approval of the lot' Amendment to the Marathon Fixed Base Operator(FBO) Agreement with Grantair Services, Inc. d/b/a Marathon Jet Center to lease a parcel of land at the Florida Keys Marathon International Airport for the FBO to relocate the existing fuel farm and to erect two new six-unit hangar buildings for small and midsize aircraft. After discussion, motion was made by Mayor Murphy and seconded by Commissioner Kolhage granting approval of the item. Motion carried unanimously, with Commissioner Carruthers not present. Commissioner Carruthers returned to the meeting and took her seat. SOUNDING BOARD Q2 Robert Betancourt gave a Power Point Presentation regarding the seaweed invasion issue in Tavernier Ocean Shore Community. Ms. Haag and Ms. Hall addressed the Board. The following individuals addressed the Board: Douglas Daniels and Ryan Brice. PUBLIC HEARING P1 A Public Hearing was held to consider adoption of an Initial Assessment Resolution for Monroe County, Florida to collect special assessments within the Monroe County Canals Municipal Services Benefit Unit to pay for ongoing operation and maintenance costs for existing canal water quality restoration projects on Canal 266 on Big Pine Key; stating a need for such levy; setting a public hearing for adoption of a Final Assessment Resolution (FAR); providing for mailed and published notice of the public hearing on the FAR; and providing for an effective date. Ms. Haag 141Pa g e 0 i V / 209 and Ms. Hall addressed the Board. The following individuals addressed the Board: Larry LeJeune, Alan Alesi and Michael Reisner. After discussion,motion was made by Commissioner Kolhage and seconded by Commissioner Rice to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 200-2019 Said Resolution is incorporated herein by reference. COMMISSIONER'S ITEMS L3 Commissioner Rice and Mr. Shillinger addressed the Board concerning approval of a Resolution to create the Transportation Coordination Improvement Committee as a County-wide BOCC and municipality appointed committee to formalize the work of the Transportation Improvement Work Group. The following individual addressed the Board: Mayor Deb Gillis, representing Islamorada, Village of Islands. After discussion, motion was made by Commissioner Coldiron and seconded by Commissioner Carruthers to adopt the following Resolution. Roll call vote carried unanimously. RESOLUTION NO. 201-2019 Said Resolution is incorporated herein by reference. MISCELLANEOUS BULK APPROVAL C27 Mr. Strickland and Mr. Shillinger addressed the Board concerning approval to adjust the parking rates for the public pay parking lots at the Key West International Airport by adding rates for the new short-term parking lot after the first 30 minutes and deleting the monthly and annual rates. This action will increase the Airport's non-aeronautical revenue and support the Airport's effort to remain self-sufficient and not receive any ad valorem tax funding. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Coldiron granting approval of the item with a 60 minute control and deleting the monthly and annual rates. Motion carried unanimously. HURRICANE IRMA RECOVERY D1 Tina Boan, Sr. Director Budget & Finance, gave a report of Hurricane Irma finance activity by the Office of Management and Budget. Mr. Gastesi addressed the Board. The Board took no official action. PLANNING& ENVIRONMENTAL RESOURCES, BUILDING & CODE COMPLIANCE DEPARTMENTS 12 Cheryl Cioffari, Acting Senior Director of Planning& Environmental Resources, and Mr. Shillinger addressed the Board concerning direction on Land Development Code amendments to address the approved Interim Development Ordinances (Ordinance 010-2017 and extended by Ordinance 019-2018) deferring the acceptance and approval of new applications for the establishment of Medical Marijuana Treatment Center Dispensing Facilities. After discussion, motion was made by Commissioner Coldiron and seconded by Commissioner Carruthers to 151 P a g e 07 / V 7/20b 9 amend the Land Development Code to allow medical marijuana treatment center dispensing facilities within the same zoning districts that allow pharmacies. Motion carried unanimously. COMMISSIONER'S ITEMS L5 Lisa Tennyson, Legislative Affairs & Grants Acquisition Director, addressed the Board concerning approval of a Resolution and transmittal letter to the Delegation urging that any reauthorization of the National Flood Insurance Program include meaningful affordability protections for all policyholders. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Kolhage to adopt the following Resolution. Roll call vote carried unanimously. RESOLUTION NO. 202-2019 Said Resolution is incorporated herein by reference. COUNTY ADMINISTRATOR N2 Mr. Shillinger and Ms. Hurley addressed the Board concerning authorization for the County Administrator to submit a letter to Florida Department of Emergency Management for Monroe County to assume grant management responsibilities for housing reconstruction of 1514 and 1516 Duncombe Street, Key West, Florida from the City of Key West for FEMA FMA Project FMA-PJ-04-FL-2016-013. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Coldiron granting approval of the item conditioned upon the approval of the County Attorney. Motion carried unanimously. N3 Kimberly Matthews, Sr. Director of Strategic Planning, gave a Power Point Presentation and requested approval of a Resolution to assist the U.S. Census Bureau and the State of Florida to ensure a complete, accurate 2020 Census Count for Monroe County, Florida,by establishing a Complete Count Coordinator for Monroe County, Florida. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Kolhage to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 203-2019 Said Resolution is incorporated herein by reference. PUBLIC HEARINGS P2 A Public Hearing was held to consider approval of an Ordinance by the Monroe County Board of County Commissioners amending Monroe County Land Development Code Section 139-1, Affordable and Employee Housing Administration, to specify that when calculating overall density on a parcel, affordable housing density and hotel/motel density shall not be counted cumulatively against each other(operating as a density bonus for the development of affordable/employee housing on properties with a hotel/motel). (File 2017-075). Ms. Cioffari and Ms. Hurley addressed the Board. The following individuals addressed the Board: Bill Hunter and Stuart Schaffer,representing Sugarloaf Shores Property Owner's Association. After discussion, motion was made by Commissioner Coldiron and seconded by Commissioner Carruthers to adopt the 161Pa g e 0 // 7/ 2� 9 following Ordinance, as amended and read into the record, as follows (beginning on Page 3, Line 32): In order for affordable density to be excluded from hotel/motel density on a parcel as set forth in Subsection (5) above, stieh d . ' rfnent ffpdst f the following criteria must be met: a. All affordable units d&velepe must be deed restricted as employee housing, as defined in Section 101-1; b. The ratio of affordable units d . ' r a en a pafeel must adhere to the following schedule: i. No change: ii. 50% of affordable units Elevelope shall be allotted to on-site personnel; c. No change. d. The owner of the hotel/motel must provide the employees of the hotel/motel a right of first refusal for lease of any affordable housing '- and e. No change. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Coldiron Yes Commissioner Kolhage Yes Commissioner Rice Yes Mayor Murphy No Motion carried. ORDINANCE NO. 024-2019 Said Ordinance is incorporated herein by reference. P3 A Public Hearing was held to consider approval of an Ordinance by the Monroe County Board of County Commissioners extending an Interim Development Ordinance for an additional 365 days regarding medical marijuana dispensing facilities commencing October 27, 2019,until such time as a Comprehensive Plan and Land Development Code amendment process is completed and providing for expiration within 365 days of the effective date or when the Comprehensive Plan and Land Development Code amendments become effective,whichever comes first; providing for severability;providing for transmittal to the State Land Planning Agency and the Secretary of State; providing for an effective date. There was no public input. Motion was made by Commissioner Rice and seconded by Commissioner Carruthers to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 025-2019 Said Ordinance is incorporated herein by reference. P4 A Public Hearing was held to consider approval of an Ordinance extending Interim Development Ordinance 011-2017, for 365 days,to defer the transfer of market rate ROGO exemptions,until the Land Development Code is amended to limit the transfer of market rate ROGO 171Pa g e 0 i V / 209 exemptions to platted lots within the Improved Subdivision (IS) or Urban Residential Mobile-Home (URM)land use districts,not within a working waterfront, for the development of single family detached dwelling units. There was no public input. Motion was made by Commissioner Coldiron and seconded by Commissioner Kolhage to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 026-2019 Said Ordinance is incorporated herein by reference. P5 A Public Hearing was held to consider approval of an Ordinance by the Monroe County Board of County Commissioners extending an Interim Development Ordinance for an additional 365 days to defer the approval of new applications or received applications that have not been fully approved them regarding"lock-out"units commencing October 27, 2018,until the BOCC can review and possibly amend the Comprehensive Plan and Land Development Code regarding the definitions of dwelling unit; household; family and the undefined term "lock-out" of a dwelling unit; providing for expiration within 365 days of the effective date of an Interim Development Ordinance or when the Comprehensive Plan and Land Development Code amendments become effective, whichever comes first; providing for severability;providing for transmittal to the State Land Planning Agency and the Secretary of State;providing for an effective date. There was no public input. Motion was made by Commissioner Rice and seconded by Commissioner Carruthers to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 027-2019 Said Ordinance is incorporated herein by reference. P6 A Public Hearing was held to consider approval of an Ordinance by the Monroe County Board of County Commissioners amending the Monroe County Tier Overlay District Map from Tier I to Tier III, for property located at Mile Marker 5,legally described as Block 3, Lot 15, Key Haven Estates, Sixth Addition, Raccoon Key Plat Book 5,Page 18, Raccoon Key, Monroe County, Florida having Real Estate No. 00136970-000000. There was no public input. Motion was made by Commissioner Coldiron and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 028-2019 Said Ordinance is incorporated herein by reference. P7 A Public Hearing was held to consider approval of an Ordinance by the Monroe County Board of County Commissioners amending the Monroe County Tier Overlay District Map from Tier I to Tier III as requested by Lopez Roberto and Margo Rev. Trust for a parcel of vacant land legally described as Block 3, Lot 16, Key Haven Estates, Sixth Addition, Raccoon Key Plat Book 5,Page 18, Raccoon Key,having Real Estate No. 00136980-000000. There was no public input. Motion was made by Commissioner Coldiron and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 029-2019 Said Ordinance is incorporated herein by reference. 181 P a g e 07 / a 7/20 9 CLOSED SESSION J1 Mr. Shillinger announced an Attorney-Client Closed Session in the matter of Board of County Commissioners of Monroe County, FL vs. Sugarloaf Volunteer Fire Department, Inc. and Sugarloaf Wi-Fi, Inc., assignee ofKeys Wi-Fi, Inc., Case No. CA-K-17-631 and read the required language into the record pursuant to F.S. 286-011(8). Mr. Shillinger advised that the following persons would be present at the meeting: the County Commissioners, County Administrator Roman Gastesi; County Attorney Bob Shillinger, Assistant County Attorney Chris Ambrosio; and a certified court reporter. Mayor Murphy declared the open session of the meeting closed. After the closed session, the meeting was re-opened. COUNTY ATTORNEY 01 Mr. Shillinger referred the Board to the County Attorney's Report for July 2019. Said report is incorporated herein by reference. Mr. Shillinger requested to hold an Attorney-Client Closed Session in the matter of Roy's Trailer Park d1h1a Island Life Village v. Eric Noel, Marie Noel and Monroe County, Case No. CA-K-19-175. Motion was made by Commissioner Coldiron and seconded by Commissioner Rice to hold the Closed Session at the August 21, 2019, BOCC meeting in Key West, FL at 1:30 P.M. or as soon thereafter as may be heard. Motion carried unanimously. Mr. Shillinger requested to hold an Attorney-Client Closed Session in the matter of Burke Construction Group, Inc. v. Monroe County, Case No. CA-M-19-80. Motion was made by Commissioner Rice and seconded by Commissioner Coldiron to hold the Closed Session at the August 21, 2019, BOCC meeting in Key West, FL at 1:30 P.M. or as soon thereafter as may be heard. Motion carried unanimously. 02 Mr. Shillinger requested to hold an Attorney-Client Closed Session in the matter of Monroe County BOCC v. Magnolia 101, LLC, et al., Case No. 13-945-P, and read the required language into the record. Motion was made by Commissioner Rice and seconded by Commissioner Carruthers to hold the Closed Session at the August 21, 2019, BOCC meeting in Key West, FL at 1:30 P.M. or as soon thereafter as may be heard. Motion carried unanimously. 03 Mr. Shillinger and Mr. Wilson addressed the Board concerning the KOTS negotiations with City of Key West. The Board took no official action. 018 Mr. Shillinger and Steve Williams, Assistant County Attorney, addressed the Board concerning authorization for the County Attorney to seek an Attorney General's opinion on whether application of F.S. 823.14 to new agricultural operations involving land clearing of native upland habitat in the Florida Keys Area of Critical State Concern precludes enforcement of longstanding local Ordinances or Land Development Regulations that were adopted pursuant to the Florida Keys Area Protection Act, F.S. 380.0552. After discussion, motion was made by 191Pa g e 0 // 7/ 2� 9 Commissioner Rice and seconded by Commissioner Kolhage granting approval of the item. Motion carried unanimously. 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 1 201 P a g e 07 / V 7/20b 9