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12/11/2013 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, December 11, 2013 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 George R. Nugent, Commissioner David P. Rice and Mayor Sylvia J. Murphy. Also present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Vitia Fernandez, Deputy Clerk; County Staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS The Board discussed removing Item K1 from the agenda. After discussion, a motion was made by Commissioner Rice and seconded by Commissioner Carruthers to remove item K1 from the agenda. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage Yes Commissioner Neugent No Commissioner Rice Yes Mayor Murphy No Motion carried. Item A Motion was made by Commissioner Kolhage and seconded by Commissioner Neugent granting approval of the Additions, Corrections and Deletions to the Agenda as amended. Said amendment is as follows: Add item N3 to the agenda (Discussion and approval of closing all County Offices at noon on Christmas Eve). Motion carried unanimously. PRESENTATION OF AWARDS Item B 1 Mayor's Proclamation declaring December 21, 2013 as National Homeless Persons' Memorial Day. 12/11/2013 Pagel BULK APPROVALS Motion was made by Mayor Murphy and seconded by Commissioner Rice granting approval of the Bulk Approvals. Motion carried unanimously. Item C1 Board granted approval for the Islamorada and Big Pine Key Branch Libraries to close at 6:00 p.m. on Tuesday, December 24, 2013, and Tuesday, December 31, 2013. Item C2 Board granted approval for Monroe County Board of County Commissioners to award Bid and execute Contract, to Black Fire Protection, Inc. for "Full Maintenance — Fire Protection Systems." Item C3 Board granted request approval of the Alliance for Aging, Inc. Standard Contract, Older Americans Act (OAA) Contract AA -1429 between the Alliance for Aging, Inc. (AAA) and the Monroe County Board of County Commissioners (Social Services /In home and nutrition programs) for the current contract period of 1/1/14 to 12/31/14. Item C4 Board granted approval to extend existing Contract with Hospice of the Florida Keys, Inc. d /b /a Visiting Nurse Association to provide direct care services (Chore, Homemaking, Person Care and Respite). Item C5 Board granted approval to advertise a Public Hearing for the 1/16/2014 BOCC meeting to be held in Key West. The public hearing is to satisfy public input grant application requirements and to consider approval of a resolution authorizing the signing and submission for a Florida Department of Transportation Section 5310 Capital Assistance Grant funding for the purposes of purchasing a para- transit vehicle (bus) to serve the transportation needs of the elderly and persons with disabilities in Monroe County. Item C6 Board granted Ratification for the Acceptance of Grant Award FTA Section 5310 — YEAR 38 (FFY 2013 -2014) Capital Assistance Grant for the purpose of purchasing a para- transit vehicle (bus) to serve the transportation needs of the elderly and persons with disabilities in Monroe County. Item C7 Board granted approval to apply for a Florida Department of Transportation (FDOT) FTA Section 5310 Program Federal Fiscal Year 2014 -2015 Capital Assistance Grant for the purposes of purchasing a para transit vehicle (bus) to serve the transportation needs of the elderly and persons with disability in Monroe County. Item C8 Board granted approval of the 2014 Vendor Agreement between Monroe County Social Services and Newtrition Concepts, Inc. Item C10 Board granted approval to execute 457 Custody Agreement with Nationwide Trust Company, FSB in order to create self - directed option for employees with Nationwide deferred compensation plans, and authorization for Human Resources staff to execute Self - Directed Option Participant Releases on an as- needed basis. 12/11/2013 Page 2 Item C11 Board granted approval of Task Order 12/14 -21 for professional services with Jacobs Project Management Co. for Services Authorized: Emergency Drainage Design & Construction Phase Services — EYW PSO #21. Item C12 Board granted approval of Contract Change Order No.3 to D.L. Porter Constructors, Inc., Baggage Claim Hall Renovations, Key West International Airport. Item C13 Board granted approval of the FY2014 Airline Rates and Charges for the Key West International Airport, effective October 1, 2013. Item C14 Board granted approval to go out to Bid for janitorial services at Key West International Airport. Item C16 Board granted approval of various Resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue. Receipt of Unanticipated Funds (OMB Schedule Item No. 1) RESOLUTION NO. 391 -2013 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 2) RESOLUTION NO. 392 -2013 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 3) RESOLUTION NO. 393 -2013 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 4) RESOLUTION NO. 394 -2013 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 5) RESOLUTION NO. 395 -2013 Said Resolution is incorporated herein by reference Transfer of Funds (OMB Schedule Item No. 6) RESOLUTION NO. 396 -2013 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 7) RESOLUTION NO. 397 -2013 Said Resolution is incorporated herein by reference Transfer of Funds (OMB Schedule Item No. 8) RESOLUTION NO. 398 -2013 Said Resolution is incorporated herein by reference 12/11/2013 Page 3 Item C18 Board granted ratification of execution of the Certificate of Acceptance of Sub - grant Award for the Be The Change Monroe Youth Challenge Anti - Bullying and Violence Prevention project, using funds provided under the FDLE Edward Byrne Memorial Justice Assistance Grant program, for the period from October 1, 2013 through September 30, 2014. Item C19 Board granted authorization for the Mayor to execute a Memorandum of Understanding with Be The Change of the Florida Keys for the Monroe Youth Challenge Anti - Bullying and Violence Prevention project, for the period from Oct 1, 2013 through Sept 30, 2014. Item C20 Board granted ratification of execution of the Certificate of Acceptance of Sub - grant Award for the Florida Keys Outreach Coalition Supportive Housing: Substance Abuse Education and Relapse Prevention project, using funds provided under the FDLE Edward Byrne Memorial Justice Assistance Grant program, for the period from October 1, 2013 through September 30, 2014. Item C21 Board granted authorization for the Mayor to execute a Memorandum of Understanding with Florida Keys Outreach Coalition Supportive Housing: Substance Abuse Education and Relapse Prevention project, for the period from Oct 1, 2013 through Sept 30, 2014. Item C22 Board granted ratification of execution of the Certificate of Acceptance of Sub - grant Award for the United States Fellowship of Florida, Inc., d /b /a Heron - Peacock Supported Living: Supportive Housing to Prevent Recidivism of Adults with Mental Illness & Substance Abuse project, using funds provided under the FDLE Edward Byrne Memorial Justice Assistance Grant program, for the period from October 1, 2013 through September 30, 2014. Item C23 Board granted authorization for the Mayor to execute a Memorandum of Understanding with United States Fellowship of Florida, Inc., d /b /a Heron - Peacock Supported Living: Supportive Housing to Prevent Recidivism of Adults with Mental Illness & Substance Abuse Project, for the period from Oct 1, 2013 through Sept 30, 2014. Item C28 Board granted ratification of grant adjustment submission to FDLE JAG sub - grant to account for unexpended funds of $99.07. Item C29 Board granted ratification of grant adjustment submission to FDLE JAG sub - grant to account for unexpended funds of $6,406.14. Item C30 Board granted approval of issuance (renewal) of a Class A Certificate of Public Convenience and Necessity (COPCN) to Air Methods Corp., Subsidiary Rocky Mountain Holdings L.L.C. d /b /a LifeNet for the operation of an ALS transport air ambulance service. Item C31 Board granted acceptance of the Monroe County Length of Service Award Program ( LOSAP) actuarial valuation report for the Plan Year 2013 and transfer of funds for Plan Year 2013 into the LOSAP Trust Fund. 12/11/2013 Page 4 Item C32 Board granted approval for adoption of Memorandum of Understanding with Miami Dade County and Miami -Dade County Fair & Exposition, Inc., for the purpose of utilizing the E. Darwin Fuchs Pavilion located at the Miami -Dade County Fair Expo grounds for use, as a shelter, by Monroe County evacuees and their pets. Item C33 Board granted approval to execute a Requirements Contract with All Keys Gas Distribution, LLC for propane supply at the Stock Island Fire Station NO. 8; Servicing one (1) range and two (2) hot water heaters. Rental of propane tank at $228.00 annually and first time fill -up fee of 200 gallons of commercial propane at $1.92 a gallon for a total cost of $384.00; plus additional gallons at $1.92 per gallon or at market price. The initial term of this Agreement shall be for a period of twelve (12) months from the effective date with two (2) additional one (1) year renewal options. Item C35 Board granted approval to negotiate a Contract for construction engineering and inspection (CEI) services for the CR 905 bike lane construction project with Metric Engineering, Inc. who was the highest ranked respondent to the request for qualifications (RFQ). Item C36 Board granted approval of a Contract with Bender & Associates Architects, P.A. for the renovation of the community meeting /event room at the W Martello Tower. This project is funded by Tourist Development Council. Item C37 Board granted approval of a Second Amendment allowing a simple corporate name change and assignment of the Continuing Contract from MBI /K2M Architecture, Inc. to K2M Design, Inc. Item C38 Board granted approval of receipt of monthly report on change orders reviewed by the County Administrator's Office. Item C39 Board granted approval to advertise a Public Hearing for the adoption of a Resolution to continue collection of Wastewater assessments using the Uniform Method of Collection and notice of intent to use the Uniform Method. Item C42 Board granted approval of Addemdum to January 2004 Agreement with KWRU for Capacity Reservation Fees related to the redevelopment of the Stock Island fire station. The Addendum calls for an additional 7.98 ERC's. Funding will be from Fund 308 — 2008 Revenue Bond. Item C43 Board granted approval of the Second Amendment to the Lease Agreement with the Pigeon Key Preservation Foundation. 12/11/2013 Page 5 GROWTH MANAGEMENT — BULK APPROVALS Item H1 Board adopted a Resolution setting the time and place of January 16, 2014, 3:00 p.m. at the Harvey Government Center in Key West for a Public Hearing to consider a request for the abandonment of a portion of the right -of -way of Second Street on Stock Island that is located between Blocks 23 and 24 in Maloney Subdivision (Plat Book 1, Page 55). RESOLUTION NO. 399 -2013 Said Resolution is incorporated herein by reference MONROE COUNTY SHERIFF DEPARTMENT Item L1 Board granted approval of the reappoint of Mr. Lynn Mapes and the appointment of Susan Harrison to the Sheriff s Shared Asset Forfeiture Fund Board. (SAFF). Item L2 Board granted approval of request for the following expenditure from the Law Enforcement Trust Fund: $ 7,000.00 Florida Sheriffs Youth Ranches: to support the Harmony in the Street Community -based day camp for underprivileged youth. The objective of the program is to reach at -risk youth to prevent juvenile delinquency and to help develop law - abiding, productive citizens. The summer camp will be offered at no cost to 6o youth in Monroe County. COMMISSIONERS' ITEMS Item N1 Board adopted a Resolution naming a private road within the Little Palm Cottages residential community, Channel View Drive, Little Torch Key, for U.S. Postal delivery and Emergency Services. RESOLUTION NO. 400 -2013 Said Resolution is incorporated herein by reference Item N2 Board granted approval by the BOCC to appointment Heather Smith to the Monroe County Parks & Recreation Advisory Committee as replacement for Amy Spielberg who recently resigned. Mrs. Smith will be fulfilling Ms. Spielberg's term which is set to expire on 8/15/2016. COUNTY CLERK Item 02 Board granted official approval of the Board of County Commissioners minutes from the November 20, 2013 regular meeting (previously distributed). 12/11/2013 Page 6 Item 03 Board granted approval of Warrants for the month of November, 2013: (107341- 107404 & 584680 - 585576): General Fund (001), in the amount of $1,785,318.12; Fine & Forfeiture Fund (101), in the amount of $68,274.44; Road and Bridge Fund (102), in the amount of $32,141.47; TDC District Two Penny (115), in the amount of $411,693.92; TDC Admin. & Promo 2 Cent (116), in the amount of $201,205.17; TDC District 1,3 Cent (117), in the amount of $360,944.17; TDC District 2,3 Cent (118), in the amount of $21,526.04; TDC District 3,3 Cent (119), in the amount of $82,404.50; TDC District 4,3 Cent (120), in the amount of $108,015.40; TDC District 5,3 Cent (121), in the amount of $82,396.62; Gov. Fund Type Grants (125), in the amount of $99,726.81; Fire & Amb District 1 L &M Keys (141), in the amount of $113,568.05; Upper Keys Health Care (144), in the amount of $433.34; Uninc Svc Dist Parks & Rec (147), in the amount of $44,823.33; Plan, Build, Zoning (148), in the amount of $57,525.84; Municipal Policing (149), in the amount of $23,688.66; Duck Key Security (152), in the amount of $5,145.81; Boating Improvement Fund (157), in the amount of $24,700.00; Misc. Special Revenue Fund (158), in the amount of $24,669.96; Environmental Restoration (160), in the amount of $1,116.33; Building Fund (180), in the amount of $4,671.18; Cent Infra Surtax (304), in the amount of $49,288.39; INFR Sle Srtx Rev Bds2007 (308), in the amount of $226,661.41; Cudjoe Regional (312), in the amount of $20,598.23; Card Sound Bridge (401), in the amount of $5,286.78; Marathon Airport (403), in the amount of $69,304.04; Key West Intl. Airport (404), in the amount of $230,175.96; KW AIP Series 2006 Bonds (405), in the amount of $304.33; MSD Solid Waste (414), in the amount of $1,367,934.85; Worker's Compensation (501), in the amount of $30,287.61; Group Insurance Fund (502), in the amount of $1,030,575.68; Risk Management Fund (503), in the amount of $22,984.89; Fleet Management Fund (504), in the amount of $36,906.58; Fire & EMS Losap Trust Fund (610), in the amount of $7,080.00. Item 04 Board granted approval of Tourist Development Council expenditures for the month of November, 2013. Item 05 Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. COUNTY ADMINISTRATOR Item P2 Board granted approval to advertise a Request for Qualification for the design and permitting of the canal demonstration projects. Item P3 Board granted approval to enter into a Contract with Erin L. Deady, PA for development of a Sustainability Action Plan with Climate Change and Energy Savings Initiatives. Request includes the base sustainability action plan and additional climate change modeling features. 12/11/2013 Page 7 Item P4 Board adopted a Resolution adding a seventh canal demonstration project for Canal #288 in Big Pine Key, the second ranked canal under the weed gate technology group, as approved by the WQPP Canal Restoration Advisory Subcommittee at an estimated cost of $36,000. RESOLUTION NO. 401 -2013 Said Resolution is incorporated herein by reference COUNTY ATTORNEY Item Q2 Board granted approval of a Settlement Agreement in the matter of Sunset Marina Residences of Key West Condominium Association, Inc. v. City of Key West and Monroe County, 16th Judicial Circuit Case No. 11 -CA- 911 -K, and authorization for the County Attorney's Office to sign the settlement agreement. Item Q3 Board granted approval for Contract with Chapman Consulting Services, Inc. in the lump sum amount of $6,890.00 for expert witness review in the case of Monroe County vs. Gonzalez. Funding shall come from the litigation fees account related to this lawsuit. TOURIST DEVELOPMENT COUNCIL Item S 1 Board granted approval of a Turnkey Agreement with Greater marathon Chamber of Commerce, Inc. covering the Original Marathon Seafood Festival in March, 2014 in an amount not to exceed $50,000, DAC III, FY 2014 Event Resources. BULK APPROALS — MISCELLANEOUS Item C9 Teresa Aguiar, Employee Services Director and Bob Shillinger, County Attorney addressed the Board concerning the approval of a Workers' Compensation settlement in the amount of $66,750.00, inclusive of attorney fees and costs for JCC Case No.: 96- 013661 SMS. After discussion, a motion was made by Commissioner Rice and seconded by Commissioner Neugent to approve staff's recommendation. Motion carried unanimously. Item C15 The Board discussed the approval of a Lease Agreement for the Marathon Landing and Flying Club, Inc. The following individuals addressed the Board: Dottie Moses. Don DeGraw, Assistant Director of Airports and Bob Shillinger, County Administrator. After discussion, a motion was by Commissioner Carruther and seconded by Commissioner Rice to grant approval of the item. Motion carried unanimously. 12/11/2013 Page 8 COUNTY ADMINISTRATOR Item P6 Discussion and direction for partnering with the Florida Department of Transportation and the City of Marathon on the rehabilitation and on -going maintenance of the Old Seven Mile Bridge. The following individuals addressed the Board: Bill Spottswood, Spottswood Companies; Benard Spinrad; Mayor Dick Ramsay, City of Marathon; Ed Swift III, Sloan Bashinsky, Chris Bull, Deb Curlee, Jason Koler, Ron Cole, Matt Lawrence, Barbara Gilbert and Prigun Singh. Roman Gastesi, County Administrator and Bob Shillinger, County Attorney. After discussion, a motion was made by Commissioner Neugent and seconded by Commissioner Rice to accept the funding plan and for staff to come back to the Commission with a business plan and the other information that was brought up. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage No Commissioner Neugent Yes Commissioner Rice Yes Mayor Murphy Yes Motion carried ENGINEERING Item J1 The Board discussed the presentation of the Florida Department of Transportation (FDOT) Tentative Five Year Work Program for Fiscal years 2014 -2015 through 2018 -2019. The following individuals addressed the Board: D.A Aldridge; Dottie Moses, representing Florida Keys Scenic Corridor Alliance; Deb Curlee and Bill Hunter. Harold A Desdubes, District Director of Transportation Development -FDOT; Dennis J. Fernandez, Structures Maintenance Administrator -FDOT and Linda Johnson, District Work Program Administrator -FDOT. No action was taken. MONROE COUNTY HEALTH DEPARTMENT Item M1 Jillian Lorenz, Contract Manager — Health Department addressed the Board concerning the approval of Amendment 1 to the agreement between the Monroe County BOCC and the Monroe County Health department for the provision of immunization services. After discussion, a motion was made by Commissioner Neugent and seconded by Commissioner Rice to grant approval of the item. Motion carried unanimously. 12/11/2013 Page 9 BULK APPROVALS — MISCELLANEOUS Commissioner Rice announced that he would abstain from the following items due to a voting conflict. The Board discussed the following items: Item C24 Ratification of execution of the Certificate of Acceptance of Sub -grant Award for the Guidance /Care Center Women's Jail Housed Drug Abuse Treatment Program, using funds provided under the FDLE Edward Byrne Memorial Justice Assistance Grant program, for the period from October 1, 2013 through September 30, 2014. Item C25 Authorization for the Mayor to execute a Memorandum of Understanding with Guidance /Care Center Women's Jail Housed Drug Abuse Treatment Program, for the period from Oct 1, 2013 through Sept 30, 2014. Item C26 Approval of the Mayor to execute the Certificate of Acceptance of Sub -grant Award for the Guidance /Care Center: Men's Jail Housed Drug Abuse Treatment Program, using funds provided under the FDLE Residential Substance Abuse Treatment Grant program, for the period from October 1, 2013 through September 30, 2014. Item C27 Authorization for the Mayor to execute a Memorandum of Understanding with the Guidance /Care Center for the project entitled Men's Jail Housed Drug Abuse Treatment Program, for the period from Oct 1, 2013 through Sept 30, 2014. After discussion, a motion was made by Commissioner Carruther and seconded by Commissioner Kolhage to grant approval of items C24, C25, C26 and C27 with one (1) abstained vote from Commissioner Rice. Motion carried unanimously. COUNTY CLERK Item 06 The Board discussed the approval of first Amendment to Monroe County Audit Contract dated July 18, 2012 with Cherry Bekaert LLP, to provide specific project closeout audit of State Revolving Fund Loan WW602091 between Monroe County and State of Florida, Department of Environmental Protection, which provided funding from the Clean Water State Revolving Fund for the Big Coppitt wastewater project, as required by paragraph 2.03 of the loan agreement. After discussion, a motion was made by Commissioner Kolhage and seconded by Commissioner Rice to grant approval of the item as amended. Said amendment is as follows: Cherry Bekaert, LLP has agreed to bill the County $120 per hour and not to exceed $12,000.00. Motion carried unanimously. COMMISSIONERS' ITEMS Item N3 The Board discussed the approval of closing all County offices at noon on Christmans Eve. After discussion, a motion was made to grant approval of the item as amended. Said amendment is as follows: close all County offices at noon on New Year's Eve. Motion carried unanimously. 12/11/2013 Page 10 COUNTY ADMINISTRATOR Item P5 Discussion, recommendation, and direction or approval on the final offers from the vendors for the solid waste program and related contracts. The following individuals addressed the Board: Rhonda Haag, Sustainability Program Manager and Roman Gastesi, County Administrator. John Albert, representing Waste Management; Greg Sullivan and Bill Hunter. After discussion, a motion was made by Commissioner Neugent and seconded by Commissioner Rice to accept the presentation, the collection and to extend the existing contracts. Roll call vote was taken with the following results: Commissioner Carruthers No Commissioner Kolhage No Commissioner Neugent Yes Commissioner Rice Yes Mayor Murphy Yes Motion carried. BULK APPROVALS — MISCELLANEOUS Item C40 Kevin Wilson, Public Works & Engineering Division Director addressed the Board concerning the approval for use of the southwest corner of the Key Largo Community Park for overnight camping of volunteers & cyclists participating in the Multiple Sclerosis "Breakaway to Key Largo" Bike Ride on the nights of Saturday, March 1, 2013 and Sunday, March 2, 2014 and for waiver of all fees for the use of County facilities for the event. After discussion, a motion was made by Commissioner Neugent and seconded by Commissioner Carruthers to grant approval of the item. Motion carried unanimously. Item C41 James Callahan, Fire Chief and Bob Shillinger, County Attorney addressed the Board concerning the approval to create positions of EMS Billing Supervisor and EMS Billing Specialist as Monroe County contract employees and to hire individuals into those positions; authority for Fire Chief to execute contracts. After discussion, a motion was made by Commissioner Kolhage and seconded by Commissioner Rice to grant approval of option #2 with the condition that the benefit issues be subject to negotiation and subsequent to approval by the Board in a contract. Motion carried unanimously. 12/11/2013 Page 11 STAFF REPORTS Item D5 Public Works/Engineering/Project Management — Judy Clarke, Director of Engineering updated the Board regarding the pavement evaluation assessment program. After discussion, a motion was made by Commissioner Kolhage and seconded by Commissioner Neugent to direct staff to issue a work order to one of the County's on -call engineering firms to conduct a comprehensive evaluation of the bridges that are the responsibility of Monroe County to include their existing condition and a schedule of any required repairs or replacements with estimated costs and any other factors that should be considered as determined by County staff Roll call vote was taken with the following results: Commissioner Carruthers Commissioner Kolhage Commissioner Neugent Commissioner Rice Mayor Murphy Motion carried. Yes Yes Yes Yes Yes EMPLOYEE SERVICES Item G1 Teresa Aguiar, Employee Services Director and Cynthia Hall, Assistant County Attorney addressed the Board regarding the discussion and approval to waive lien against $139,000 settlement proceeds received by covered dependent in settlements, and terminate coverage under the County's Health Plan. After discussion, a motion was made by Commissioner Rice and seconded by Commissioner Carruthers to accept staff's recommendation. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage No Commissioner Neugent Yes Commissioner Rice Yes Mayor Murphy Yes Motion carried. COUNTY ADMINISTRATOR Item P1 Report - Roman Gastesi, County Administrator provided the Board with the Month Activity Report for November, 2013. Mr. Gastesi also discussed with the Board the accomplishments that were achieved throughout the year. 12/11/2013 Page 12 PUBLIC HEARINGS Item R1 A Public Hearing to adopt an Ordinance by the Monroe County Board of County Commissioners amending the Future Land Use Map from Industrial (I) to Mixed Use /Commercial (MC) for 18 parcels on Stock Island, having real estate numbers 00123660- 000000, 00123720 - 000400, 00123760 - 000200, 00123720 - 000100, 00123720 - 000200, 00123730 - 000100, 00123740 - 000000, 00123770 - 000000, 00127290 - 000000, 00127380- 000000, 00127250- 000000, 00127280 - 000000, 00123600- 000100, 00123600- 000102, 00123600- 000101, 00123590- 000000, 00123570- 000000, and 00123540- 000000, located on South Stock Island (Legislative Proceeding). The were no public input. After discussion, a motion was made by Commissioner Rice and seconded by Commissioner Kolhage to adopt the following Ordinance. ORDINANCE NO. 045 -2013 Said Ordinance is incorporated herein by reference The following individuals addressed the Board concerning the following items: Deb Curlee and Sloan Bashinsky. Joe Haberman, Planning and Development Review Manager. Item R2 A Public Hearing to adopt a Resolution approving a Development Agreement between Summerland Palms Investors, LLC, Coco Palms Developers, LLC, Suncrest Landing, LLC, Singh Investors, LLC, Oceanside Investors, LLC, and Monroe County, Florida allowing the transfer of up to 46 permanent, market -rate ROGO exemptions, with corresponding affordable housing deed - restrictions on 46 mobile homes. This development will require 46 transferable development rights (TDRs). (Quasi - judicial proceeding). RESOLUTION NO. 402 -2013 Said Resolution is incorporated herein by reference Item H2 Approval of a Resolution reserving forty -six (46) affordable housing dwelling unit allocations (23 moderate, 12 median, and 11 low = 46 affordable units) for Oceanside Investors, LLC, for a period of five years for use on mobile home parks located on properties at 24930 Overseas Highway, Summerland Key, Florida (Summerland Palms Property), 21585 Old State Road 4a, Cudjoe Key, Florida, ( Cudjoe Coco Palms Property) and 5176 Suncrest Road, Stock Island (Stock Island Suncrest Property). RESOLUTION NO. 403 -2013 Said Resolution is incorporated herein by reference After discussion, a motion was made by Commissioner Rice and seconded by Commissioner Neugent to grant approval of both items (R2 and 1­12). Roll call vote was taken with the following results: 12/11/2013 Page 13 Commissioner Carruthers Yes Commissioner Kolhage Yes Commissioner Neugent Yes Commissioner Rice Yes Mayor Murphy Yes Motion carried. EMERGENCY SERVICES Item I1 Irene Toner, Director of Emergency Management introduced to the Board a presentation by Monroe County School Students participating in the National Lego Competition. COUNTY ATTORNEY Item Q1 Report — Bob Shillinger, County Attorney updated the Board regarding the ruling on Monday reference the bond validation suit that was on the County's favor. Mr. Shillinger discussed with the Board suggestions on how the County Administrator and County Attorney will be receiving their performance evaluation and salary increase. Mr. Shillinger requested a Closed Session in the matter of Enos Mitchell and Ora Lee Mitchell vs. Monroe County, Sixteenth Judicial Circuit Case No. 12 -CA -486 -P to be held at their regularly scheduled meeting on January 16, 2014 at 1:30 p.m. or as soon thereafter as may be heard. A motion was made by Commissioner Neugent and seconded by Commissioner Carruthers to grant approval of the Closed Session. Motion carried unanimously. There being no further business, the meeting of the Board of County Commissioners was adjourned. Amy Heavilin, CPA, Clerk and ex- officio Clerk to the Board of County Commissioners Monroe County, Florida 12/11/2013 Page 14