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08/20/2014 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, August 20, 2014 Key West, Florida A Special Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Murray E. Nelson Government Center. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner Danny Kolhage, Commissioner George Neugent, Commissioner David P. Rice and Mayor Sylvia Murphy. Also present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Lindsey Ballard, Deputy Clerk; County Staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS AND DELETIONS Item A A motion was made by Commissioner Neugent and seconded by Commissioner Carruthers granting approval of the Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Item B2 Presentation of Years of Service Award for 20 years of service to David Zalanka, Fire Rescue Lieutenant. Item B3 Presentation of Years of Service Award for 10 years of service to Monroe County to Eduardo Capote - Abreu, Foreman, Unincorporated Parks & Beaches, Public Works/Engineering Division. Item B4 Presentation of Years of Service Award for 10 years of service to Monroe County to Lourdes Garcia, Custodian, Facilities Maintenance, Public Works/Engineering Division. Item B5 Presentation of Years of Service Award for 15 years of service to Monroe County to Montillo Desquotte, Foreman, Roads & Bridges, Public Works/Engineering Division. 08/20/2014 Pagel BULK APPROVALS Motion was made by Commissioner Kolhage and seconded by Commissioner Neugent granting approval of the Bulk Approvals. Motion carried unanimously. Item C3 Board adopted a Resolution of the Board of County Commissioners of Monroe County, Florida approving and authorizing Modification number one to the SHIP/WEATHERIZATION (WAP) leveraging strategy and updating the Monroe County SHIP Local Housing Assistance Plan; and providing for an effective date. RESOLUTION NO. 179 -2014 Said Resolution is incorporated herein by reference. Item C4 Board adopted a Resolution of the Board of County Commissioners of Monroe County, Florida approving and authorizing Modification number two to the SHIP/WEATHERIZATION (WAP) leveraging strategy and updating the Monroe County SHIP Local Housing Assistance Plan; and providing for an effective date. RESOLUTION NO. 180 -2014 Said Resolution is incorporated herein by reference. Item C5 Board granted approval of a Request for Proposal (RFP) to provide food service for various Monroe County Social Services programs (i.e. Nutrition Program, Bayshore Manor, etc.,). Monroe County Social Services receives grant funding from the Alliance for Aging and the Florida Department of Children and Families in order to pay for the food service that is provided to eligible elderly and disabled citizens of Monroe County. Item C7 Board granted approval of an Issuance (renewal) of a Class A Certificate of Public Convenience and Necessity (COPCN) to Florida Keys Ambulance Service, Inc. (FKAS) for the operation of an ALS transport ambulance service; specifically for inter - facility transports. Item C8 Board granted approval of an Issuance (renewal) of a Class A Certificate of Public Convenience and Necessity (COPCN) to Falck Southeast II Corp. d /b /a American Ambulance Service (American) for the operation of an ALS transport ambulance service; specifically for inter - facility transports. Item C9 Board granted approval of an Issuance (renewal) of a Class A Certificate of Public Convenience and Necessity (COPCN) to Key Largo Volunteer Ambulance Corps., Inc. (KLVAC) for the operation of an ALS transport ambulance service. Item C11 Board granted approval to Solicit Proposals for 2015 Local Mitigation Strategy Plan consulting services. 08/20/2014 Page 2 Item C12 Board granted approval of a Memorandum of Agreement between the City of Miami and Monroe County for distribution of additional accessories, as listed in Attachment A, to be used with generators accepted during the June 11, 2014 BOCC meeting, at no cost to the county and valued at $51,262.26 with no county match; and authorization for the County Administrator to execute any other required documentation in relation to the application process. Item C13 Board granted approval to award Contract to Coastal Gunite Construction Company in the amount of $2,997,676.00 for the No Name Key Bridge repair project. This project is funded by Florida Department of Transportation (FDOT) through a Local Agency Program (LAP) Agreement. Item C14 Board granted approval to advertise a Public Hearing to approve an Ordinance of the Monroe County Board of County Commissioners amending Section 25 -2 of the Monroe County Code; providing for 10 MPH speed limit in designated areas on Duck Key. Item C15 Board granted approval of Work Order #10 in the amount of $50,000.00 under the URS Transportation Planning Continuing Services contract. Item C16 Board granted approval of a Professional Services Contract with Stantec Consulting Services, Inc. in the amount of $145,172.00 for design and permitting of scenic overlooks at Reynolds Street Pier and Big Pine Community Park. This project is funded at 100% by a federal Transportation Alternatives Program (TAP) award through the Florida Department of Transportation. No county match is required. Item C17 Board granted approval of a Professional Services Contract with TY Lin International in the amount of $376,803.70 for the relocation of Atlantic Boulevard in Key West. This project is funded by the one -cent infrastructure tax. Item C18 Board granted approval to negotiate a Contract with Currie Sowards Aguila Architects for the Design through Construction Administration of a new P.K. Courthouse and Detention Facility. This project is funded by a revenue bond which will be repaid from infrastructure sales tax. Item C19 Board granted approval of a Change Order with Roofing by Ruff to continue roof repair at the East Martello. This project is funded by the TDC. Item C20 Board granted approval of Receipt of monthly report on change orders reviewed by the County Administrator's Office. Item C21 Board granted approval of an AT &T Switched Ethernet Service (ILEC Intrastate) Pricing Schedule ASE53JOBM and a corresponding Addendum to AT &T ILEC Intrastate Pricing Schedule Case Number FL14- 2006 -00 under the existing AT &T Master Service Agreement 201012220258UA to renew MPLS fiber Ethernet services at 19 existing locations, 08/20/2014 Page 3 including QTS in Miami FL which will be the new location for our Miami datacenter in October of 2014. Total cost for 36 -month term is $285,120. Item C22 Board granted approval for the County Administrator or his designee to execute an agreement with Google, Inc. for entry into the Google Play Development Distribution Agreement to enable Monroe County to publish its mobile application in the Google Play Store. This authority will include execution of renewal agreements as necessary when initial contract period expires. Total cost for 12 -month term is $25. Item C23 Board granted approval for the County Administrator or his designee to execute an agreement with Apple, Inc. for entry into the lOS Development Program to enable Monroe County to publish its mobile application in the Apple App Store. This authority will include execution of renewal agreements as necessary when initial contract period expires. Total cost for 12 -month term is $99. Item C25 Board granted approval of First Amendment to the Key West Art and Historical Society ( KWAHS) lease to allow KWAHS to conduct fundraising activities. Item C26 Board granted approval to exercise the Third Renewal Option of the current contract with Siemens Industry, Inc. for the testing, certification, and maintenance of the Monroe county Detention Center's fire alarm system, building automation system, and smoke control system; the Sheriffs Administration Building's fire alarm system and building automation system; the Juvenile Justice Center's fire alarm system and building automation system; the Courthouse Annex's fire alarm system, the Marathon Government Center building automation system and Crawl Key Medical Examiner's building automation system (HVAC). Item C27 Board granted approval to exercise the First Option to renew the contract with UniFirst Corporation for the Division of Public Works uniform services. Item C28 Board adopted 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. 181 -2014 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.2). RESOLUTION NO. 182 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.3). RESOLUTION NO. 183 -2014 Said Resolution is incorporated herein by reference. 08/20/2014 Page 4 Receipt of Unanticipated Funds (OMB Schedule Item No.4). RESOLUTION NO. 184 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 5). RESOLUTION NO. 185 -2014 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 6). RESOLUTION NO. 186 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.7). RESOLUTION NO. 187 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 188 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.9). RESOLUTION NO. 189 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 190 -2014 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO. 191 -2014 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 192 -2014 Said Resolution is incorporated herein by reference. Item C29 Board granted approval of a First Renewal Agreement to the existing contract with Keys Security Inc. for an amount not to exceed $60,000 per year at the rate of $16.00 per hour for Security Patrols and Services in the Duck Key Security District. Item C30 Board granted approval to Amend the Existing Contract with Buccaneer Courier to add four (4) additional courier stops at the request of the Supervisor of Elections and Building Department. 08/20/2014 Page 5 Item C31 Board granted approval for Mayor to sign title transferring County Vehicle No. 3000 -5684 to insurance company. Item C34 Board granted approval to Approve Contract with ADAAG Consulting Services for an evaluation of our programs, services and communication for compliance with the Americans with Disabilities Act, and preparation of a transition plan. Item C35 Board granted approval of Eighth Amendment of the legal services agreement with Kelley, Kronenberg, Gilmartin, Fichtel, Wander, Bamdas, Eskalyo & Dunbrack, P.A. to amend the agreement to update the rate of authorized timekeeper Robert Friedman, Esq. and change the name of the firm to Kelley Kronenberg, P.A. Item C36 Board granted approval to Negotiate a Policy with Minnesota Life the highest ranked respondent, for Group Term Life and Accidental Death and Dismemberment and in addition, Supplemental Life and Accident Item C37 Board granted approval to Accept Proposal with Interisk Corporation to provide Risk Management and Workers Compensation consulting services. Item C38 Board granted Acceptance and approval of the Federal Aviation Administration AIP Grant #3 -12- 0037 - 048 -2014 providing funding to "Improve Runway 27 Safety Area — Install Engineered Material Arresting System (EMAS) — Construction Phase" at the Key West International Airport. TOURIST DEVELOPMENT COUNCIL -BULK APPROVALS Item D1 Board granted approval of an Agreement with Key West Business Guild, Inc. to provide visitor information services which promote gay and lesbian tourism. Agreement will commence on October 1, 2014 and terminate on September 30, 2017 with an option to extend for one additional two -year period. Item D2 Board granted approval 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 fishing activities and marketing. Item D3 Board granted approval of an Agreement with Monroe Council of the Arts Corporation, d /b /a Florida Keys Council of the Arts to supplement costs of tourist related programs. Item D4 Board granted approval of Consideration and Action re: TDC Film Resolution. RESOLUTION NO. 192A -2014 Said Resolution is incorporated herein by reference. 08/20/2014 Page 6 DIVISION OF GROWTH MANAGEMENT -BULK APPROVALS Item G4 Board granted approval of a Task Assignment with Florida Fish & Wildlife Conservation Commission (FFWCC) to receive $125,000 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. Item G5 Board granted approval to advertise a Request for Proposals (RFP) for 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. Item G6 Board granted approval to advertise a Request for Proposals (RFP) for the removal of invasive exotic plants from conservation lands that are owned or managed by Monroe County. Item G7 Board granted approval of Addendum No. 1 to the Contract with M.T. Causley, Inc. revising Exhibit B reducing the hourly rate for the Biologist services from $137.50 to $65.00. Item G8 Board adopted a Resolution amending Exhibit 1 to Resolution 440 -2011 — "2014 Implementation Plan for the Monroe County Flood Inspection and Compliance Program" to eliminate the Federal Flood Insurance Inspection Program after the Federal Emergency Management Agency (FEMA) ended the program and approving the 2014 Implementation Plan. RESOLUTION NO. 193 -2014 Said Resolution is incorporated herein by reference. Item G9 Board granted approval of the release of a Lot Aggregation Restrictive Covenant recorded in the Monroe County Public Records Document #1213896, Book #1669, Page #520 on January 4, 2001, by Loquat Management Co. for Lots 2 and 3, Block 7 Ocean Isle Estates, Key Largo, approximately Mile Marker 106. COUNTY CLERK -BULK APPROVALS Item K2 Official approval of the Board of County Commissioners minutes from the June 30th, 2014 special meeting and April 23rd, 2014 special meeting (previously distributed) 08/20/2014 Page 7 Item K3 Board granted approval of Warrants and Payroll Warrants for the month of July, 2014. (107341- 107404 & 584680 - 585576): General Fund (001), in the amount of $2,524,521.93; Fine & Forfeiture Fund (101), in the amount of $3,446,912.79; Road and Bridge Fund (102), in the amount of $192,446.98; TDC District Two Penny (115), in the amount of $308,624.07; TDC Admin. & Promo 2 Cent (116), in the amount of $902,670.97; TDC District 1,3 Cent (117), in the amount of $1,051,964.76; TDC District 2,3 Cent (118), in the amount of $54,282.85; TDC District 3,3 Cent (119), in the amount of $276,573.79; TDC District 4,3 Cent (120), in the amount of $284,596.78; TDC District 5,3 Cent (121), in the amount of $398,337.64; Gov. Fund Type Grants (125), in the amount of $402,020.63; Impact Fees Roadways (130), in the amount of $254,316.55; Fire & Amb District 1 L &M Keys (141), in the amount of $239,597.41; Upper Keys Health Care (144), in the amount of $72.29; Uninc Svc Dist Parks & Rec (147), in the amount of $57,446.95; Plan, Build, Zoning (148), in the amount of $114,686.40; Municipal Policing (149), in the amount of $533,384.96; Duck Key Security (152), in the amount of $5,330.17; Boating Improvement Fund (157), in the amount of $20,319.96; Misc. Special Revenue Fund (158), in the amount of $10,124.04; Environmental Restoration (160), in the amount of $7,898.66; Law Enforcement Trust (162), in the amount of $5,250.00; Drug Abuse Trust (164), in the amount of $3,029.60; Stock Island Wastewater (171), in the amount of $1,228.58; Cudjoe- Sugarloaf MSTU (172), in the amount of $9,107.14; Duck Key MSTU (176), in the amount of $2,175.48; Building Fund (180), in the amount of $91,715.96; 1 Cent Infra Surtax (304), in the amount of $379,091.54; INFR Sle Srtx Rev Bds2007 (308), in the amount of $203,852.49; Big Coppitt Wastewater PR (310), in the amount of $8,988.80; Cudjoe Regional (312), in the amount of $10,897.62; Card Sound Bridge (401), in the amount of $9,863.35; Marathon Airport (403), in the amount of $36,094.76; Key West Intl. Airport (404), in the amount of $422,141.07; MSD Solid Waste (414), in the amount of $632,416.07; Worker's Compensation (501), in the amount of $33,487.07; Group Insurance Fund (502), in the amount of $1,228,511.53; Risk Management Fund (503), in the amount of $136,879.32; Fleet Management Fund (504), in the amount of $110,018.83; Fire & EMS LOSAP Trust Fund (610), in the amount of $2,385.00. Item K4 Board granted approval of Tourist Development Council expenditures for the month of July, 2014. Item K5 Board granted approval to Remove Surplus Equipment from inventory via disposal or advertise for bid. COUNTY ADMINISTRATOR - BULK APPROVALS Item L4 Board granted approval of a three year Interlocal Agreement (subject to annual appropriation) to reimburse the Key Largo Fire Rescue and Emergency Medical Services District for the purchase of certain fire vehicles and for the installation of fire hydrants within the District boundaries. 08/20/2014 Page 8 Item L5 Board granted approval to enter into an Amended and Restated Solid Waste and Recycling Collection Franchise Agreement with the Ocean Reef Club, Inc. for residential and commercial solid waste, yard waste and recycling collection services pursuant to Sec. 2- 347(e)(5)(f) of the Monroe County Code. COUNTY ATTORNEY — BULK APPROVALS Item M2 Board granted approval of the Fifth Amendment to the Proplaza LLC. lease to reflect a change in ownership. Item M3 Board granted approval of an authorization to initiate litigation against Kevin L. Hardy and his property located at 537 Plante Street, Key Largo, Florida to seek compliance with the County Code and enforce a lien arising from code compliance case number CE12050038. Item M4 Board granted approval of an authorization to initiate litigation against Jesus Sanchez and Maira Sanchez and their property located at 190 Normandy Drive, Key Largo, Florida, to seek compliance with the County Code and enforce a lien arising from code compliance case number CE12050075. Item M9 Board granted approval to advertise a Public Hearing to consider an Ordinance of the Board of County Commissioners creating Section 22 -127., Chapter 22. Special Districts in the Monroe County Code readopting Ordinance 005 -1992 (creating the Duck Key Security District), as amended by Ordinance No. 012 -1994 and Ordinance No. 041 -1994; amending Section 5. of Ordinance 005 -1992; providing for term limits of advisory board members, providing for meeting frequency and attendance requirements and providing for codification in the Monroe County Code. Item M11 Board granted approval of Misdemeanor Probations Services Contract with Professional Probation Services, Inc. ( PPS). 08/20/2014 Page 9 COUNTY ATTORNEY Item M12 Board discussed the approval of Commercial Purchase and Sale Agreement with Oceanside Investors, LLC and Pritam Singh, individually for the purchase of the Hickory House property from the County. The following individuals addressed the Board: Nat Cassel, Assistant County Attorney; Ginney Stones, Attorney and Bob Shillinger, County Attorney. After discussion, a motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval of the item. A 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. Item M10 Board discussed the authorization for County Attorney to execute Conflict Waiver letter with respect to Adele Virginia Stones' representation of Maria Christina Ruiz, regarding a request for reduction of the amount of the County's code compliance lien against Ms. Ruiz in code case CE11040080. After discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner Kolhage granting approval of the item. AIRPORTS — BULK APPROVALS Item C1 Peter Horton, Director of Airports addressed the Board regarding the approval of the U.S. Customs and Border Protection Memorandum Of Agreement for a User Fee Airport Program at The Florida Keys Marathon Airport. After discussion, a motion was made by Commissioner Rice and seconded by Commissioner Carruthers granting approval of the item. Motion passed unanimously. Item C2 Peter Horton, Dorector of Airports addressed the Board reagarding the approval of granting Peter Horton authority to execute a Project Facility Understanding Agreement with U.S. Customs and Border Protection and Memorandum of Agreement to Reimburse Customs and Border Protection for Information Technology Services. After discussion, a motion was made by Commissioner Kolhage and seconded by Commissioner Rice granting approval of the item. Motion passed unanimously. 08/20/2014 Page 10 DIVISION OF GROWTH MANAGEMENT Item H1 Board discussed a Report to the Board of County Commissioners (BOCC or Board) on the status of the Buttonwood Sound mooring field project, and request for direction based on the July 9, 2014 meeting of the Key Largo Federation of Homeowner Associations (Federation). The following individuals addressed the Board: Rich Jones, Senior Administrator, Marine Resources; Bob Thomas, Steven Hartz, Dottie Moses and Paul Kaub, representing Upper Keys Sailing Club. After discussion, a motion was made by Commissioner Neugent and seconded by Commissioner Rice to withdraw the interest of Buttonwood Sound and look for an alternative. A Roll Call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage Yes Commissioner Neugent Yes Commissioner Rice Yes Mayor Murphy Yes Motion Carried. SOUNDING BOARD Item J1 Mr. Ron Miller and Mr. Robby Majeska addressed the Board concerning the highway safety in downtown Key Largo. SOCIAL SERVICES — BULK APPROVALS Item C6 Board discussed the approval of Amendment #5 between the Monroe County Community Transportation Coordinator, Guidance /Care Center, Inc. and the Monroe County Board of County Commissioners for the period of July 1, 2014 through August 31, 2014, allowing for the reimbursement of Medicaid trips. After discussion, a motion was made by Commissioner Neugent and seconded by Commissioner Carruthers granting approval of the item. Motion passed unanimously. COUNTY ADMINISTRATOR — BULK APPROVALS Item C24 Bob Ward, Information Technology Director, addressed the Board regarding the approval of QT Master Space Agreement v6.1, including a Miami Colo Addendum Form v6.0 and the attached work order to lease two (2) 47U racks, with 200 Mb /s of redundant Internet connectivity, power and cooling. Total cost for 36 -month term is $163,800.00. After discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner Rice granting approval of the item. Motion passed unanimously. 08/20/2014 Page11 EMPLOYEE SERVICES — BULK APPROVALS Item C32 Teresa Aguiar, Employee Services Director addressed the Board regarding the approval of a resolution to amend the Personnel Policies and Procedures Manual. After discussion, the Board directed Ms. Aguiar to come back next month. Item C33 Teresa Aguiar, Employee Services Director addressed the Board concerning the approval to implement a Preventative Care Wellness Program for calendar year 2015 and 2016 to encourage employees (County Commissioners. Constitutional Officers, and employees who participate in the group health plan) to obtain minimum health screenings in 2015 and 2016 obtain minimum health screenings and preventative health screenings that are age appropriate. After discussion, a motion was made by Mayor Murphy and seconded by Commissioner Carruthers to accept year 2015, while exempting the Sheriffs Office from year 2015. Older employees rate will go from 0 to $25.00 and will remain the same for the employees now paying $50.00. Motion passed unanimously. COUNTY ADMINISTRATOR Item L2 Board discussed the Affordable Housing Advisory Committee (AHAC) and the method of the appointments to the Committee. After discussion, a motion was made Commissioner Rice and seconded by Commissioner Kolhage to start new and not to prevent reconsideration for past members if that is the desire of the member. Motion passed unanimously. COUNTY ATTORNEY Item M13 Public meeting announcement of Representative Holly Raschein's Workforce Housing Roundtable Discussion with Monroe County Commissioners and other local officials on Monday, August 25, 2014, at 11 am at the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida. COUNTY ADMINISTRATOR Item L3 Roman Gastesi, County Administrator addressed the Board concerning the approval of an Agreement between FCRC Consensus Center, FSU (Center), and Monroe County Board of County Commissioners for professional services on Affordable Workforce Housing Stakeholder Assessment and authorization for the County Administrator to execute the agreement. After discussion, a motion was made Commissioner Kolhage and seconded by Commissioner Carruthers granting approval of the item. Motion passed unanimously. 08/20/2014 Page 12 STAFF REPORTS Item E5 Kevin Wilson, Director of Public Works/Engineering/Project Management addressed the Board regarding the Bayside Path constructions starts September 5, 2014. Construction will start in mid - September on Customs at the Marathon Airport. He also addressed the Board regarding the Wastewater projects, there is construction on all of the islands now. FKAA has spent $67 million, carrying a balance of $12 million, we just sent an advance of $10 million and they expect some invoices between $6 and $8 million. Item E7 Christine Hurley, Director of Growth Management requested to have a meeting for the EAR based Comprehensive Plan Amendment Transmittal Hearing on Tuesday, October 7 th 2014 at the Marathon Government Center at 10:00 a.m. A motion was made by Commissioner Kolhage and seconded by Commissioner Rice granting approval of the meeting. Motion passed unanimously. Ms. Hurley also addressed the Board concerning the list of permits that John Travers, Building Official and Ed Capones have developed to Fast Track certain permits. DIVISION OF GROWTH MANAGEMENT — BULK APPROVALS Item G2 Board discussed the approval of a Sole Source Contract for the Trust for Public Lands (TPL) to identify options for purchasing or financing future land acquisitions to support the County's conservation and growth management objectives and to develop a GIS based analysis tool to assist in determining Conservation Acquisition Priorities by assessing habit conditions and development constraints on each parcel. After discussion, a motion was made by Commissioner Neugent and seconded by Commissioner Rice to include option H and approve the item. Motion carried unanimously. STAFF REPORTS Item E8 Bob Ward, Informational Technology Director addressed the Board regarding the new Monroe County Mobile App. Should be up and running in about two weeks and he will bring it back to the Board for review. 08/20/2014 Page 13 PUBLIC HEARINGS Item N1 Kevin Wilson, Director of Public Works/Engineering/Project Management addressed the Board regarding the approval of a Resolution to continue the imposition of the Cudjoe Regional Centralized Inner Islands annual wastewater assessment at a rate of $302.53 per EDU; and to continue the imposition of the Cudjoe Regional Centralized Outer Islands annual wastewater assessment at a rate of $310.29 per EDU; and to continue the imposition Big Coppitt and Duck Key annual wastewater assessments at a rate of $271.88 per EDU; and to continue imposition of the Stock Island annual wastewater assessments at a rate of $207.73 per EDU for those property owners who elected to pay the Capacity Reservation Fee over 20 years. The administrative cost associated with the imposition of wastewater assessments is paid from the collection of the annual assessments. After discussion, a motion was made by Commissioner Rice and seconded by Commissioner Neugent to adopt the following Resolution. Motion passed unanimously. RESOLUTION NO. 194 -2014 Said Resolution is incorporated herein by reference. Item N2 Board discuused a Public Hearing to consider approval of a Resolution for a Budget Amendment of Fiscal Year 2014 Key West International Airport Fund 404. After discussion, a motion was made by Commissioner Kolhage and seconded by Commissioner Rice to adopt the following Resolution. Motion passed unanimously. RESOLUTION NO. 195 -2014 Said Resolution is incorporated herein by reference. Item N3 Christine Hurley, Director of Growth Management addressed the Board regarding a Public Hearing to consider an Ordinance amending §23 -114 of the Monroe County Code (MCC) relating to mobile repair and service businesses. (Legislative Proceeding). A motion was made by Mayor Murphy and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 012 -2014 Said Ordinance is incorporated herein by reference Item N4 Christine Hurley, Director of Growth Management addressed the Board regarding a Public Hearing to consider an Ordinance amending Monroe County Code (MCC) Sections 101 -1 and 130 -124, revising the provisions relating to home occupations. (Legislative Proceeding). After discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner Neugent to adopt the following Resolution and amend Section 130 -124 to read as follows: Home occupation does not involve outdoor storage, including but not limited to any equipment or materials except as permitted in Chapter 17 -6 Vehicles. Motion passed unanimously. ORDINANCE NO. 013 -2014 Said Ordinance is incorporated herein by reference 08/20/2014 Page 14 Item N5 The Board discussed a Public Hearing to consider Amendments to a Development Agreement between Monroe County, Florida and Key Largo Ocean Resort Condominium, Inc. also known as KLOR and formerly known as Key Largo Ocean Resorts Co -op, Inc. concerning property located at 94825 Overseas Highway, Key Largo, approximate mile marker 95, having real estate numbers 00483401.000100 through 000483401.028500 and 00483402.000000. (Public hearing required by statute). The following individuals addressed the Board: Christine Hurley, Director of Growth Management, Jim Saunders, representing Key Largo Ocean Resort and Gary Gross. After discussion, a motion was made by Commissioner Rice and seconded by Commissioner Neugent to move approval of the Agreement with the modification that reads: Pursuant to FS Sec 163.3235 Monroe County may inspect the property subject to this Agreement to determine good faith compliance with the terms of the development agreement. In addition, for the life of the Agreement, Monroe County staff may enter upon the property at any time with 24 hours notice to the management or contractor on site to assure that improvements are proceeding according to the site plan and that RVs are placed according to code, and that RVs are removed by December 31, 2016. A Roll Call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage Yes Commissioner Neugent Yes Commissioner Rice Yes Mayor Murphy Yes Motion Carried. RESOLUTION NO. 196 -2014 Said Resolution is incorporated herein by reference. GROWTH MANAGEMENT Item G1 Christine Hurley, Director of Growth Management addressed the Board regarding advertise a Public Hearing to consider a request for a Beneficial Use Determination, and the recommendations of the special magistrate, for property legally described as Block 9, Lot 1, Section 3, Bay Haven Subdivision (PB2 -41), Key Largo, approximate Mile Marker 94.5, having Real Estate Number 00517650.000000, as requested by property owners, Scott and Toni Beauchamp. After discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner Rice to set the November Board of County Commissioners Meeting for Tuesday, November 18 2014 at 3 o'clock p.m. Motion passed unanimously. Item G3 Christine Hurley, Director of Growth Management addressed the Board regarding the approval of a Task Assignment with Florida Fish & Wildlife Conservation Commission (FFWCC) to receive $70,000 for the removal of invasive exotic plants from conservation lands that are owned or managed by Monroe County. After discussion, a motion was made by Commissioner Neugent and seconded by Commissioner Rice granting approval of the item. Motion passed unanimously. 08/20/2014 Page 15 COUNTY ADMINISTRATOR Item L1 Connie Cyr, Aide to the Administrator, addressed the Board regarding the report that was submitted to the Commission. COUNTY ATTORNEY Item M1 Bob Shillinger, County Attorney addressed the Board concerning the training that the State Attorney and County Attorney's Office will be offering to give the Commission an opportunity to fulfill their Statutorily obligations. Tentative dates are Tuesday, October 14 2014 in Key West at the Harvey Government Center or Thursday, October 16 2014 in Key Largo at the Murray E. Nelson Government Center. Item M5 Board discuused the authorization to initiate litigation against RKV Investors LLC and their property located at 211 Lance Lane, Key Largo Florida, to seek compliance with the County Code and enforce a lien arising from code compliance case number CE13070017. Lisa Granger, Assistant County Attorney addressed the Board concerning the case and to let the Commission know that the case is now compliant. Item M6 Board discussed the authorization to initiate litigation against Yolanda Menendez and his property located at 34 Eagle Drive, Key Largo Florida, to seek compliance with the County Code and enforce a lien arising from code compliance case number CE13060167. After discussion, a motion was made by Commissioner Kolhage and seconded by Commissioner Rice granting approval of the item. Item M7 Board discussed the authorization to initiate litigation against Mario R. Villoch and his property located at 494 Barracuda Boulevard, Key Largo Florida, to seek compliance with the County Code and enforce a lien arising from code compliance case number CE13040151. Lisa Granger, Assistant County Attorney addressed the Board regarding the case and to let the Commission know that the case is not compliant. Item M8 Board discussed the presentation of an offer by Dr. and Mrs. Harley Stock, prospective buyer of property located at 108 Old Fashion Road, Key Largo, Florida to partially release the code compliance lien imposed against that property in code case CE12070048, Monroe County v. Juan Castaneda, in exchange for a payment of $30,000.00. After discussion, a motion was made by Mayor Murphy and seconded by Commissioner Rice granting approval of the item. Motion passed unanimously. 08/20/2014 Page 16 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 �1�ir�6e� ��rll�i� �%J• < <�. 08/20/2014 Page 17