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01/21/2015 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, January 21, 2015 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Harvey Government Center. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner Sylvia Murphy, Commissioner George Neugent, Commissioner David P. Rice and Mayor Danny Kolhage. Also present at the meeting were Roman Gastesi, County Administrator; Debbie Fredrick, Deputy County Administrator; Bob Shillinger, County Attorney; Lindsey Ballard, Deputy Clerk; County Staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS Item 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 B1 Presentation of Years of Service Award for 10 years of service to Monroe County to Judith Clarke, Director, Engineering Services, Public Works /Engineering Division. BULK APPROVALS Motion was made by Mayor Kolhage and seconded by Commissioner Neugent granting approval of the Bulk Approvals. Motion passed unanimously. Item C5 Board granted approval of Agreement between Big Pine Key Volunteer Fire Department, Inc., and the Board of County Commissioners of Monroe County, to accept and transfer to Monroe County, a political subdivision of the State of Florida, the physical assets of the Big Pine Key Volunteer Fire Department Corporation, including title, with the provision that the assets shall continue to be located in and used principally for the benefit of fire service in the Big Pine Key, Monroe County, Florida area for the remainder of their serviceable life. A complete inventoried list will presented to the Clerk of Court upon completion; with capital items to be tagged per County policy. Item C6 Board granted approval of a Thru- The -Fence Agreement with the Florida Keys Mosquito Control District to provide access to Florida Keys Marathon Airport airside property, for purposes of Mosquito Control flight operations. 1/21/2015 Pagel Item C7 Board granted approval of Task Order 42013 -00IR3 with CDM Smith for Project Design and Permitting Services (the "Project ") for the Florida Keys Marathon Airport Terminal Sewer Laterals. Item C8 Board granted approval of the 1st Amendment to the General Consulting Services Master Agreement with CDM Smith, Inc., for professional services at Key West International Airport and The Florida Keys Marathon Airport. Item C9 Board granted approval of Consent of Assignment of Lease from Island City Flying Service, Inc., to Piedmont Hawthorne Aviation, LLC d /b /a/ Landmark Aviation, a Delaware Limited Liability company. Item C10 Board granted approval of a five year lease Agreement with Mountain Air Cargo for use of aircraft parking apron at the Florida Keys Marathon Airport. Item C11 Board granted approval of sole source purchase of Digi Pro Media services pursuant to Chapter 7 section A of the county purchasing policies and procedures. Item C12 Board granted approval of a budget Amendment for the USA Parking Systems, Inc. annual operating budget for parking lot management for the Key West International Airport, for the period of December 1, 2013 through November 30, 2014. Item C13 Board granted Approval of various Resolutions for the transfer of funds and Resolutions for the receipt of unanticipated revenue. Transfer of Funds (OMB Schedule Item No. 1). RESOLUTION NO. 002 -2015 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 2). RESOLUTION NO. 003 -2015 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 3). RESOLUTION NO. 004 -2015 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 005 -2015 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 5). RESOLUTION NO. 006 -2015 Said Resolution is incorporated herein by reference. 1/21/2015 Page 2 Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 007 -2015 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 008 -2015 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 009 -2015 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 9). RESOLUTION NO. 010 -2015 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 011 -2015 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 012 -2015 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 013 -2015 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 014 -2015 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 14). RESOLUTION NO. 015 -2015 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 016 -2015 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 017 -2015 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 018 -2015 Said Resolution is incorporated herein by reference. 1/21/2015 Page 3 Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 019 -2015 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 19). RESOLUTION NO. 020 -2015 Said Resolution is incorporated herein by reference. Item C14 Board granted approval of Fiscal Year 2015 contract with Kids Come First In The Florida Keys, Inc. A non -profit organization funded by the Board of County Commissioners through recommendations of the Human Services Advisory Board (HSAB). Item C15 Board granted approval of a Ratification of grant Adjustment submission to FDLE JAG sub -grant to account for unexpended fund of $921.94. Item C16 Board granted approval of an Amendment to the Contract with Samuel's House replacing Attachment C, which concerns the services to be provided. Item C21 Board granted approval of a 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, 2014 through September 30, 2015. Item C22 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 October 1, 2014 through September 30, 2015. Item C24 Board granted approval to advertise a Solicitation for Proposals for Property Coverage Insurance. Item C25 Board granted approval to advertise a Solicitation for Proposals for a Fully Insured Dental Policy. Item C26 Board granted approval to purchase a 5 -year subscription to Userful Desktop software and hardware for public access computers at the Monroe County Libraries from Userful Corporation as shown on quote EST988. Total contract cost is $70,814.00 for five years. Item C27 Board granted approval of a Schedule for the Purchase of a Dedicated Technician from AT &T as shown on Quote# 321324886 for Customer# 37116 under our Master Services Agreement 20101222- 0258UA with AT &T for maintenance services associated with our telephone system and authorization for the County Administrator or his designee to execute any documents in furtherance of this agreement. The term of this agreement is for 12 months with two optional 12 -month extensions. Total contract cost is $163,706.23 for one year and each optional renewal year is available at the same cost. 1/21/2015 Page 4 Item C28 Board granted approval of Amendment 6 to the Contract with Metric Engineering, Inc. for Engineering Design and Permitting Services for the US 1 Bayside Shared Use Path Project to add surveying and preparation of easement documents to the engineering design for the Pedestrian Bridge over the Marvin Adams waterway (MM 103, Key Largo). Item C29 Board granted approval of the first, one -year time, Extension for the URS Southern Corporation Continuing Contract for Transportation Planning Services. This is a time extension only that will extend the contract to 3/15/16. Item C30 Board granted approval to begin negotiations with Littlejohn Engineering Associates, Inc., the top ranked respondent to a Request for Qualifications (RFQ), for the design of a scenic overlook at the Big Pine Swimming Hole. This project is funded at 100% by the FDOT through the Transportation Alternatives Program. Item C31 Board granted approval of acceptance of a property transfer from the Big Pine Key Athletic Association, Inc. (BPAA) transferring ownership of Watson Field to the Monroe County BOCC for use as a county park in perpetuity and granting the County Administrator authorization to execute the closing documents on behalf of the Monroe County BOCC. Item C32 Board granted approval of Receipt of monthly report on change orders reviewed by the County Administrator's Office. Item C33 Board granted approval of a continuing Contract with Currie Sowards Aguila Architects, pursuant to Florida Statute 287.055(2), to provide professional services for miscellaneous projects in which construction costs do not exceed $2,000,000.00 or for study activity if the fee for professional services for each individual study under the contract does not exceed $200,000.00. Item C34 Board granted approval of a continuing Contract with Bender & Associates Architects, P.A., pursuant to Florida Statute 287.055(2), to provide professional services for miscellaneous projects in which construction costs do not exceed $2,000,000.00 or for study activity if the fee for professional services for each individual study under the contract does not exceed $200,000.00. Item C35 Board granted approval of a continuing Contract with K2M Design, Inc., pursuant to Florida Statute 287.055(2), to provide professional services for miscellaneous projects in which construction costs do not exceed $2,000,000.00 or for study activity if the fee for professional services for each individual study under the contract does not exceed $200,000.00. Item C36 Board granted approval of a continuing Contract with Pike Architects, Inc., pursuant to Florida Statute 287.055(2), to provide professional services for miscellaneous projects in which construction costs do not exceed $2,000,000.00 or for study activity if the fee for professional services for each individual study under the contract does not exceed $200,000.00. 1/21/2015 Page 5 Item C37 Board granted approval of a continuing Contract with Bermello Ajamil & Partners, Inc., pursuant to Florida Statute 287.055(2), to provide professional services for miscellaneous projects in which construction costs do not exceed $2,000,000.00 or for study activity if the fee for professional services for each individual study under the contract does not exceed $200,000.00. Item C38 Board granted approval of a continuing Contract with William P. Horn Architect, P.A., pursuant to Florida Statute 287.055(2), to provide professional services for miscellaneous projects in which construction costs do not exceed $2,000,000.00 or for study activity if the fee for professional services for each individual study under the contract does not exceed $200,000.00. Item C40 Board granted approval of a Task Order with T.Y. Lin International/H.J. Ross for Construction Phase services for the Blimp Road Launch Ramp repair in Cudjoe Key. This project is funded through the Boating Improvement fund. Item C41 Board granted approval of a Contract with Amy Chan for artwork to be installed in the Drug Court offices at the Freeman Justice Center. This contract is funded by Court Facilities. Item C42 Board granted approval of a Task Order with T.Y. Lin International/H.J. Ross for the Construction Administration Phase of the Drainage Projects at Grouper Lane in Key Largo and 9th Avenue on Stock Island. This project is funded through the Gas Tax Fund. Item C44 Board granted approval for Monroe County Board of County Commissioners to reject all bids received and rebid the project Paint - Monroe County Detention Center. Item C48 Board granted approval to amend bid award agreement to include /clarify Addendum No. 3 (dated June 27, 2014) with Stockton Maintenance Group Inc. (SMG) for janitorial services at the May Hill Russell Library and Department of Juvenile Justice Building, second floor. Item C49 Board granted approval of Request Ratification of the Alliance for Aging, Inc Standard Contract, Older Americans Act (OAA) Contract AA -1529 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 111115 to 12/31/15. Item C50 Board granted approval of Amendment to Agreement between GA Food Service, Inc., and Monroe County Board of County Commissioners (BOCC) / Monroe County Social Services (Nutrition Program) for the provision of Congregate and Home Delivered Meals throughout Monroe County for the adjusted rate of $3.73 per meal, and provides an updated Supply List. 1/21/2015 Page 6 Item C51 Board granted approval of Request Ratification of the Island Home Care Agency, Inc. Contract between Island Home Care Agency, Inc. dba Island Private Care and Monroe County Board of County Commissioners (Monroe County Social Services) for the year beginning January 1, 2015 and ending December 31, 2015. Item C52 Board granted approval of Request Ratification of the Nutrition Services Incentive Program (NSIP) Amendment 4001 to Contract US -1551 between the Alliance for Aging, Inc. (AAA) and Monroe County Board of County Commissioners (Monroe County Social Services) for the contract year 2014/2015 (10/1/14 — 9/31/15) to INCREASE funding and level of service by $174.31. Item C53 Board granted approval of the Homeless Prevention Grant Subcontract 4COC21 between the Monroe County Homeless Continuum of Care, Inc. (MC CoQ and Monroe County Social Services. Item C56 Board granted approval of Florida Department of Children and Families Standard Grant Agreement 4KPZ27, Emergency Solutions Grant (ESG) between Monroe County Board of County Commissioners (Social Services) and the State of Florida, Department of Children and Families. Item C57 Board granted approval of Amendment 4002 of the Community Care for the Elderly (CCE) Contract #KC 1471 between the Alliance for Aging, Inc. (AAA) and Monroe County Board of County Commissioners (Social Services /In Home Services) for the contract period of 7/1/14 to 6/30/15. TOURIST DEVELOPMENT COUNCIL — BULK APPROVALS Item D1 Approval to update the TDC Operations Manual with a revised TDC Purchasing Policy to reflect the changes of the Monroe County Board of County Commissioners (BOCC) purchasing policy that was revised during the October 2014 BOCC meeting. Item D2 Approval of a Resolution to Amend and Correct erroneous information within Resolution No. 365 -2014. RESOLUTION NO. 021 -2015 Said Resolution is incorporated herein by reference. DIVISION OF GROWTH MANAGEMENT - BULK APPROVALS Item G2 Board granted approval of Agreement No. 14102 (Agreement) between Monroe County (County) and the Florida Fish and Wildlife Conservation Commission (FWC) providing a new source of additional funding from the Florida Boating Improvement Program (FBIP), in addition to County Boating Improvement Funds used for derelict vessel and floating structure removals. 1/21/2015 Page 7 Item G3 Board granted approval of Agreement No. 14104 (Agreement) between Monroe County (County) and the Florida Fish and Wildlife Conservation Commission (FWC) providing a new source of additional funding from the Florida Boating Improvement Program (FBIP), in addition to County Boating Improvement Funds used for channel marker and buoy maintenance. Item G4 Board granted approval of the Selection Committee's selection of the highest ranked firm, DRC Emergency Services, LLC (Contractor), for Disaster Response and Recovery Services for Marine Debris and Vessel Removal, and direction to negotiate a contract between Monroe County (County) and the Contractor. If successful negotiations cannot be reached, approval to negotiate with the next highest ranked respondent until successful negotiation is reached. Item G5 Board granted approval to re- appoint Mr. Rudolph Krause (Rudy), CBC048885, to one additional three -year term to the Contractors' Examining Board (CEB) beginning January 21, 2015 and ending January 21, 2018. MONROE COUNTY HOUSING AUTHORITY Item H1 Board granted approval of Governor's reappointment of Carey Goodman and Aaron Castillo and the appointment of Richard Toppino to the Monroe County Housing Authority Board of Commissioners COMMISSIONERS' ITEMS — BULK APPROVALS Item I2 Board granted approval to Reappoint Tom Neville to the Duck Key Security District Advisory Board. Item I5 Board granted approval to appoint David L. Manz as the District 4 Representative to the Human Services Advisory Board. COUNTY CLERK Item J2 Board granted official approval of the Board of County Commissioners minutes from the November 18th, 2014 regular meeting (previously distributed). 1/21/2015 Page 8 Item J3 Board granted approval of Warrants for the month of December, 2014: (107341 - 107404 & 584680 - 585576): General Fund (001), in the amount of $1,948,770.82; Fine & Forfeiture Fund (101), in the amount of $3,910,677.69; Road and Bridge Fund (102), in the amount of $38,813.68; TDC District Two Penny (115), in the amount of $361,232.05; TDC Admin. & Promo 2 Cent (116), in the amount of $1,539,468.25; TDC District 1,3 Cent (117), in the amount of $321,572.60; TDC District 2,3 Cent (118), in the amount of $49,440.79; TDC District 3,3 Cent (119), in the amount of $101,447.47; TDC District 4,3 Cent (120), in the amount of $200,355.02; TDC District 5,3 Cent (121), in the amount of $79,246.88; Gov. Fund Type Grants (125), in the amount of $304,742.08; Fire & Amb District 1 L &M Keys (141), in the amount of $148,897.04; Upper Keys Health Care (144), in the amount of $72.85; Uninc Svc Dist Parks & Rec (147), in the amount of $67,595.37; Plan, Build, Zoning (148), in the amount of $87,700.07; Municipal Policing (149), in the amount of $522,301.14; Duck Key Security (152), in the amount of $5,927.85; Local Housing Assistance (153), $214.10; Boating Improvement Fund (157), in the amount of $60,191.75; Misc. Special Revenue Fund (158), in the amount of $13,371.48; Environmental Restoration (160), in the amount of $7,112.65; Court Facilities Fees -602 (163), in the amount of $3,139.03; Drug Abuse Trust (164), in the amount of $ 5,077.50; Building Fund (180), in the amount of $24,494.75; 1 Cent Infra Surtax (304), in the amount of $357,750.38; INFR Sle Srtx Rev Bds2007 (308), in the amount of $6,679.53; Cudjoe Regional (312), $425.50; Card Sound Bridge (401), in the amount of $11,974.51; Marathon Airport (403), in the amount of $32,839.12; Key West Intl. Airport (404), in the amount of $667,890.86; PFC & OPER Restrictions (406), in the amount of $2080.00; MSD Solid Waste (414), in the amount of $2,024,506.31; Worker's Compensation (501), in the amount of $120,560.10; Group Insurance Fund (502), in the amount of $1,387,108.58; Risk Management Fund (503), in the amount of $112,574.26; Fleet Management Fund (504), in the amount of $80,638.54; Fire & EMS Losap Trust Fund (610), in the amount of $4,770.00. Item J4 Board granted approval of Tourist Development Council expenditures for the month of December, 2014. Item J5 Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. Item J6 Board granted approval of FKAA invoices greater than $50,000 (to include salaries), relating to the Cudjoe Regional Wastewater System Project. COUNTY ADMINISTRATOR Item K3 Board granted approval of Consent to Assignment of Professional Services Agreement from Floridian Partners, LLC to Capitol Group, Inc. Robert Reyes, formerly of Floridian Partners, Inc. has established a new firm, Capitol Group, Inc. Mr. Reyes has served as the County's lobbyist for 15 years and the County wishes to continue working with him at the new firm. Floridian Partners, LLC and Capitol Group, Inc. have both agreed to the assignment. 1/21/2015 Page 9 COUNTY ATTORNEY Item L3 Board granted approval of an Agreement for purchase of Lot 1, Block 1, Treasure Cove Subdivision No. 2, Key Largo, FL. Item L4 Board granted approval of a 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. EMERGENCY SERVICES Chief Callahan, Fire Chief addressed the Board regarding Items: C2 Board granted approval to utilize Florida Sheriffs Association Bid 11 -10 -1202 to purchase two (2) Pierce Saber FR Pumpers for a total cost not to exceed $849,804.00; and authorizing waiver of purchasing policy for equipment options; and approval for the Fire Chief to execute all necessary documentation. C3 Board granted approval to utilize Florida Sheriffs Association Bid 11 -10 -1202 to purchase one (1) 2015 Ford F -550 standard cab AEV Type I ambulances for a total cost not to exceed $166,322.00; and authorizing waiver of purchasing policy for equipment options; and approval for the Fire Chief to execute all necessary documentation. After discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner Rice granting approval of Items C2 and C3. Motion passed unanimously. Item C4 Chief Callahan, Fire Chief addressed the Board regarding the approval of a Florida Division of Emergency Management (FDEM) Federally- Funded Subgrant Agreement for delivery of Emergency Management All- Hazard Local Planning, Training and Exercise in the amount of $40,000.00, no county match required; and authorization for the County Administrator to execute any other required documentation in relation to the application process. After discussion, a motion was made by Commissioner Neugent and seconded by Commissioner Murphy granting approval of the item. Motion passed unanimously. 1/21/2015 Page 10 FIRE & AMBULANCE DISTRICT I BOARD OF GOVERNORS The Board of Governors for the Fire and Ambulance District I convened. Present and answering to roll call were Mayor Danny Kolhage, Commissioner David P. Rice, Commissioner George Neugent and Councilman Clark Snow. James Callahan, Fire Chief addressed the Board concerning the following items: Item 02 Board discussed the Selection of the Chairperson and Vice Chairperson of the Board of Governors. After discussion, a motion was made by Mayor Kolhage and seconded by Commissioner Rice to appoint Norm Anderson as Mayor, Clark Snow as Vice Mayor and Kate Scott as the alternate. Motion passed unanimously. After discussion, a motion was made by Commissioner Rice and seconded by Commissioner Kolhage appointing Commissioner George Neugent as Chair. Motion passed unanimously. After further discussion, a motion was made by Mayor Kolhage and seconded by Councilman Snow appointing Commissioner David P. Rice as Vice Chair. Motion passed unanimously. There being no further business, the meeting of Board of Governors for the Fire and Ambulance District I was adjourned. OFFICE OF MANAGEMENT AND BUDGET — BULK APPROVALS Item C17 Board discussed the approval of a Ratification of execution of the Certificate of Acceptance of Sub -grant Award for Guidance /Care Center Women's Jail Incarceration Drug Abuse Treatment program, using funds provided under the FDLE Edward Byrne Memorial Justice Assistance Grant Program, for the period from October 1, 2014 through September 30, 2015. Item C18 Authorization for the Mayor to execute a Memorandum of Understanding with Guidance /Care Center Women's Jail Incarceration Drug Abuse Treatment program, for the period from Oct 1, 2014 through Sept 30, 2015. Item C19 Ratification of execution of the Certificate of Acceptance of Sub -grant Award for Guidance /Care Center, Inc., d /b /a The Heron Assisted Living: Assisted Living Prevents Recidivism in Dually- Diagnosed 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, 2014 through September 30, 2015. 1/21/2015 Page 11 Item C20 Authorization for the Mayor to execute a Memorandum of Understanding with Guidance /Care Center, Inc., d /b /a The Heron Assisted Living: Assisted Living Prevents Recidivism in Dually- Diagnosed Adults with Mental Illness & Substance Abuse project, for the period from October 1, 2014 through September 30, 2015. Item C23 Approval of agreement with Guidance Care Center for the Jail In -House Program for FY 2015. After discussion, a motion was made by Commissioner Neugent and seconded by Commissioner Murphy granted approval of the items C17, C18, C19, C20 and C23. A Roll Call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Abstain Mayor Kolhage Yes Motion Carried. PUBLIC WORKS /ENGINEERING Item C39 Kevin Wilson, Director of Public Works /Engineering /Project Management addressed the Board regarding the approval of Amendment 41 to the license agreement for the 2015 Key Largo Stone Crab and Seafood Festival to allow for the sale and consumption of liquor at the event. After discussion, a motion was made by Commissioner Rice and seconded by Commissioner Murphy granting approval of the item. Motion passed unanimously. Item C43 Kevin Wilson, Director of Public Works /Engineering /Project Management addressed the Board regarding the approval of a 8th Amendment to the Cudjoe Regional Interlocal Agreement to increase funds by a total of $15 million to $185 million and updating the advanced payment schedule. These changes are to become effective January 1, 2015. After discussion, a motion was made by Commissioner Neugent and seconded by Commissioner Murphy granting approval of the item. Motion passed unanimously. Item C45 Kevin Wilson, Director of Public Works /Engineering /Project Management addressed the Board regarding the approval to award bid and enter into a contract with Douglas N. Higgins, Inc. in the amount of $464,462.00 for Drainage Improvements Project on 9th Avenue, Stock Island. After discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner Rice. Motion passed unanimously. Item C46 Kevin Wilson, Director of Public Works /Engineering /Project Management addressed the Board regarding the approval to award bid and enter into a contract with Douglas N. Higgins, Inc. in the amount of $467,000.00 for Drainage Improvements Project on Grouper Lane, Key Largo. After discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner Rice granting approval of the item. Motion passed unanimously. 1/21/2015 Page 12 Item C47 Commissioner Neugent addressed the Board regarding the approval of a Business Lease with Ships Way, Inc. for Commissioner Neugent's office space on Big Pine Key. After discussion, a motion was made by Commissioner Neugent and seconded by Commissioner Carruthers to continue this item until the Board meets again in Marathon in two months. Motion passed unanimously. Item C54 Roman Gastesi, County Administrator answered the Board's questions regarding the request for approval to advertise a Public Hearing for the 2/18/15 BOCC meeting to be held in the Upper Keys. The public hearing is to satisfy public input grant application requirements and to consider approval of Grant Award FTA Section 5310 — YEAR 40 (FFY 2015 -2016) Capital Assistance Grant for the purpose of purchasing two para- transit vehicles (bus) to serve the transportation needs of the elderly and persons with disabilities in Monroe County. Items C54 and C55 were heard at the same time. Results of the motion and voice vote is as follows in C55. Item C55 Roman Gastesi, County Administrator addressed the Board regarding the request for approval to apply for a Florida Department of Transportation (FDOT) FTA Section 5310 Program Federal Fiscal Year (40) 2015 -2016 Capital Assistance Grant for the purposes of purchasing two (2) para transit vehicles (bus) to serve the transportation needs of the elderly and persons with disabilities in Monroe County. This grant is for the purchase of replacement buses, not the purchase of additional buses. After discussion, a motion to approve Item C54 and Item C55 was made by Commissioner Carruthers and seconded by Commissioner Neugent. Items C54 and C55 passed unanimously. Item D3 Bill Hunter representing Sugarloaf Shores Property Owners Association addressed the Board regarding the approval of an agreement with Florida Powerboat Club, Inc. covering Key Largo Columbus Regatta — October 2015 in an amount not to exceed $10,000, DAC V, FY 2015 event resources. After discussion, a motion was made by Commissioner Murphy and seconded by Commissioner Neugent to deny approval of the issue and not fund it. A Roll Call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Yes Mayor Kolhage Yes Motion Carried. 1/21/2015 Page 13 STAFF REPORTS Item El Don DeGraw, Director of Airports addressed the Board regarding a new Airline that would like to serve the Marathon Airport. Tropic Ocean Airways sought approval to operate scheduled part 135 flights from Marathon airport to Ft. Lauderdale International Airport and Kissimmee Airport. They proposed one flight per day four days a week. Tropic Ocean Airways requested that the Airport waive the fees for 12 months so they can establish their business at the Airports. A motion was made by Commissioner Rice and seconded by Commissioner Carruthers to waive the airport fees for one year. Motion passed unanimously. Mr. DeGraw also addressed the Board introducing Thomas Henderson, Assistant Director of Airports. Item E5 Kevin Wilson, Director of Public Works /Engineering /Project Management addressed the Board regarding Cudjoe Wastewater Project finances, spent about $90 million so far. Mr. Wilson also addressed the Board regarding the Marathon Airport Terminal Project, they expect it to be complete end of May early June. Mr. Wilson also gave the Board an update on design completion date of late February for Bernstein Park. DIVISION OF GROWTH MANAGEMENT - BULK APPROVALS Item G1 Rich Jones, Senior Administrator, Marine Resources and Christine Hurley, Director of Growth Management addressed the Board regarding the approval of Amendment No. 4 to the Agreement between Monroe County (County) and Pumpout USA, Inc. (Contractor) for Keys -Wide Mobile Vessel Pumpout Service which is scheduled to expire January 31, 2015, to: 1) extend the Agreement for two months through March 31, 2015, coinciding with the expiration of the DEP Clean Vessel Act (CVA) grant agreement amendment between CVA and Pumpout USA, 2) provide for a payment to Pumpout USA for the two months of service in the amount of $54,870.56, and 3) require invoicing documentation as described in the Agreement, except that the documentation shall reference two months of service rather than one quarter. After discussion, a motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to approve the item for two months. Motion passed unanimously. 1/21/2015 Page 14 Item G6 Board discussed a Resolution of the Board of County Commissioners of Monroe County, Florida, directing the Monroe County Planning and Environmental Resources Department to process an Ordinance to defer the approval of applications, commencing January 21, 2015, for the transfer of development rights to offshore islands, transfer of ROGO exemptions to offshore islands, tier amendments for offshore islands; map amendments for offshore islands to increase potential density or intensity and text amendments for offshore islands to increase development potential (density /intensity) until such time as a Comprehensive Plan Amendment process is completed regarding offshore islands and providing for expiration with 365 days of the effective date of an interim development Ordinance or when the comprehensive plan amendments become effective, whichever comes first. The following individuals addressed the Board: Mayte Santamaria, Planning Director; Bart Smith, representing FEB Corp; and Bill Hunter. After discussion, a motion was made by Commissioner Murphy and seconded by Commissioner Carruthers granting approval of the item. A Roll Call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Yes Mayor Kolhage Yes Motion Carried. RESOLUTION NO. 022 -2015 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS Item I3 Commissioner Rice addressed the Board and Staff regarding the issue of Snake Creek drawbridge raising schedule for marine traffic and resulting traffic congestion. The Mayor of Village of Islamorada has sent a request to all municipalities and the County for a letter of support to be forwarded to the Village Manager's office for their efforts to change the drawbridge raising schedule with the U.S. Coast Guard. After discussion, a motion was made by Commissioner Murphy and seconded by Commissioner Carruthers moving approval of the item. Motion passed unanimously. 1/21/2015 Page 15 COUNTY ADMINISTRATOR Item Kl Roman Gastesi, County Administrator addressed the Board regarding his report for November and December. He thanked Staff for all of their hard work. The Community is very proud of what the County is doing. Mr. Gastesi stated that the State of County Report will be printed next month. He and Mayor Kolhage will be starting a "Road Show" up and down the Keys starting in Ocean Reef on February 4 th and Big Pine Key the following week. Mayor Kolhage asked that things happen faster especially when it comes to the Consultants. He felt the Staff was doing all it can but others are not and that the Board can be very impatient and would like things to get done quicker, Mr. Gastesi concurred and said he would work on that. Commissioner Neugent spoke if being frustrated over projects languishing. Item K4 Rhonda Haag, Sustainability Manager addressed the Board regarding the approval to enter into an Agreement with Adventure Environmental, Inc. for $1,360,000.00 for construction of the canal backfilling water quality improvement demonstration project at Canal 429, Sexton Cove, Key Largo. A motion was made by Commissioner Murphy and seconded by Commissioner Rice to approve amending the contract to include a provision stating that (1) the contract is contingent upon the property owner signing a contract within the next 30 days with the County for use of their property and (2) the contractor provide satisfactory proof of satisfactions of liens pursuant to the County code prior to the County's acceptance of the contract with Adventure Environmental, Inc. Motion passed unanimously. Item K2 Rhonda Haag, Sustainability Manager and Bob Shillinger, County Attorney addressed the approval to enter into an Agreement with Alejandro and Betsy Fernandez for $10,000 for a temporary grant of easement and right of entry for use of their property located at 11 Pigeon Drive in Key Largo, during construction of the canal backfilling water quality improvement demonstration project at Canal 429, Sexton Cove, Key Largo. A motion was made by Commissioner Rice and seconded by Commissioner Carruthers granting approval of the item. A Roll Call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Yes Mayor Kolhage No Motion Carried. 1/21/2015 Page 16 COUNTY ATTORNEY Item L1 Bob Shillinger, County Attorney introduced Chris Ambrosia, a new County Attorney. Mr. Shillinger requested that a Closed Session to be set for February 18 2015 around 1:30 p.m. in Key Largo. The closed session was requested in the matter of 2 Blackwater LLC v. Monroe County, case number CA- P- 15 -28. A motion was made by Commissioner Carruthers and seconded by Commissioner Rice granting approval of the Closed Session. Motion passed unanimously. Item L2 Board discussed the authorization to initiate litigation against Jerome Pfahning and his property located at 6633 Maloney Avenue, Stock Island, Florida, to gain compliance with the County Code and to pursue collection of outstanding code fines. The following individuals addressed the Board: Lisa Granger, Assistant County Attorney; Nancy Dowling, Senior Inspector -Lower Keys; Bob Shillinger, County Attorney. After discussion, a motion was made by Commissioner Murphy and seconded by Commissioner Rice to authorize the County Attorney's Office to initiate litigation but, to hold off on seeking foreclosure as an absolute last resort. Motion passed unanimously. Item L5 Bob Shillinger, County Attorney and Kevin Madok, Sr. Director of Strategic Planning addressed the Board regarding the approval of a settlement agreement consisting of the purchase of two judgments and procurements of two Assignments of Judgment and Bid Rights in the matter of Robert Denenberg v. Marine Mammal Conservancy, Inc. (MMC), Richard Gudoian, Jr., and Monroe County, Circuit Court Case CA- PK -14- 364 -A. After discussion, a motion was made by Commissioner Rice and seconded by Commissioner Carruthers granting approval of the item. Motion passed unanimously. COMMISSIONERS' ITEMS Item I1 Commissioner Carruthers and Mel Monagni, FIRM Preseident addressed the Board regarding an update on Fair Insurance Rates in Monroe's (FIRM) Reduce Insurance Premium Project. Item I4 Commissioner Neugent, Bob Shillinger, County Attorney and Tina Boan, OMB Director addressed the Board regarding the P -card, personal credit card use and privately owned vehicle reimbursement mileage rates, meal reimbursement rates and related policies for Monroe County Board of Commissioners. After discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner Rice to raise mileage reimbursement to $0.53 per mile and to prepare an Ordinance. Motion passed unanimously. Board directed Staff to review the current policies, make recommended changes including the meal reimbursement rates. 1/21/2015 Page 17 PUBLIC HEARINGS Item Ml Christine Hurley, Director of Growth Management addressed the Board reagarding a Public Hearing to consider a request for the abandonment of a portion of the right -of -way of Peninsular Avenue on Stock Island that is located between Blocks 46 and 60 (east of the center of Lot 32 in Block 46) in Maloney Subdivision, as recorded in Plat Book 1, Page 55 of the Public Records of Monroe County, Florida. After discussion, a motion was made by Commissioner Carruthers and seconded by Commissioner Murphy to continue this item until March 18 2015 BOCC Meeting in Marathon. Motion passed unanimously. Item M2 Board discussed a Public Hearing to consider an Ordinance by the Monroe County Board of County Commissioners amending the Monroe County 2010 Comprehensive Plan by creating Policy 202.8.6 to improve the water quality in the artificial canals characterized as having poor or fair water quality within the 2013 Monroe County Canal Management Master Plan by providing for organic material removal, by public entities (county, state, or federal), of previously dredged artificial canals to depths greater than minus six ( -6) feet mean low water and backfilling to a depth of six (6) feet — eight (8) feet and to allow the implementation of two (2) demonstration canal restoration pilot projects by public entities (County, State or Federal) to remove organic material from previously dredged artificial canals to depths greater than minus ( -6) feet mean low water without backfilling and conducting water quality monitoring. After discussion, a motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval of the item. Motion passed unanimously. ORDINANCE NO. 001 -2015 Said Ordinance is incorporated herein by reference. Item M3 Board discussed a Public Hearing to consider an Ordinance by the Monroe County Board of County Commissioners amending the Monroe County Land Development Code §118 -10 to improve the water quality in the canal systems, characterized as having poor or fair water quality within the 2013 Monroe County Canal Management Master Plan, by providing for removal of organic material of previously dredged artificial canals to depths greater than minus six ( -6) feet mean low water by public entities (County, State, or Federal). After discussion, a motion was made by Commissioner Murphy and seconded by Commissioner Carruthers granting approval of the item. Motion passed unanimously. ORDINANCE NO. 002 -2015 Said Ordinance is incorporated herein by reference. 1/21/2015 Page 18 Item M4 Mayte Santamaria, Planning Director addressed the Board regarding a Public Hearing to consider an Ordinance amending §101 -1, §130 -186, and §130 -189 of the Monroe County Code (MCC) relating to setbacks. After discussion, a motion was made by Commissioner Murphy and seconded by Commissioner Carruthers granting approval of the item. Motion passed unanimously. Commissioner Rice was not present for the motion vote. ORDINANCE NO. 003 -2015 Said Ordinance is incorporated herein by reference. Item M5 Mayte Santamaria, Planning Director addressed the Board regarding a Public Hearing to adopt a Resolution approving a Development Agreement, pursuant to Chapter 163.3220 F.S., between Monroe County, Florida; Roger Bernstein, as Trustee of the Benjamin Bernstein Trust B; and Safe Harbor Seafood (as successor in interest to Joseph R. Rackman and Jeffrey W. Bolotin, as Trustees of the Island Trust Agreement dated March 10, 1989) agreeing to a conceptual plan to redevelop property located at 5700 Fourth Avenue, 5550 Fifth Avenue and 6500 Front Street on Stock Island. After discussion, a motion was made by Commissioner Murphy and seconded by Commissioner Neugent to continue this item until the March 18 2015 BOCC Meeting in Marathon, FL. Motion passed unanimously. Commissioner Rice was not present for the motion vote. After the vote on the motion and return of Commissioner Rice, Christine Hurley, Growth Management Director and Mayor Kolhage addressed the Board regarding Monroe County Code Section 110 -9. Direction was provided to Staff to clarify that section of the Code to reflect that all code violations must be addressed by the Property owner as a condition to approval of a development agreement. Item M6 Board discussed a Public Hearing to approve an Ordinance of the Monroe County Board of County Commissioners amending Monroe County Code Section 2 -349 Local Preference in Bidding; providing for revisions to the local business criteria. After discussion, a motion was made by Commissioner Murphy and seconded by Commissioner Neugent granting approval of the item. Motion passed unanimously. Commissioner Rice was not present for the motion vote. ORDINANCE NO. 004 -2015 Said Ordinance is incorporated herein by reference. 1/21/2015 Page 19 COMMISSIONERS' ITEMS Item I6 Board discussed the adoption of a Resolution in support of Insurance Commissioner Kevin McCarty. After discussion a motion was made by Commissioner Rice and seconded by Commissioner Neugent to add the item as Item I6 to the agenda. Motion passed unanimously. After further discussion, a motion was made by Commissioner Murphy and seconded by Commissioner Carruthers granting approval of the item. Motion passed unanimously. RESOLUTION NO. 001 -2015 Said Resolution is incorporated herein by reference. PUBLIC HEARINGS Item N1 Board discussed a Public Hearing to consider an Ordinance amending §101 -1, §130 -4 and §130 -5 of the Monroe County Code (MCC) relating to temporary housing and uses. As this text amendment affects permitted uses, two public hearings by the BOCC are required prior to any approval. The December 10, 2014 public hearing was the first public hearing. After discussion, a motion was made by Commissioner Murphy and seconded by Commissioner Carruthers granting approval of the item. Motion passed unanimously. ORDINANCE NO. 005 -2015 Said Ordinance is incorporated herein by reference. Item N2 Board discussed approval of an Ordinance amending §6 -112 of the Monroe County Code (MCC) relating to temporary structures. After discussion, a motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval of the item. Motion passed unanimously. ORDINANCE NO. 006 -2015 Said Ordinance is incorporated herein by reference. Item N3 Board discussed a Public Hearing to consider approval of a Resolution authorizing a special permit allowing a temporary construction staging area at property located along Pigeon Drive, Key Largo (Real Estate 400532701.032800), related to a canal restoration project (Canal 429). After discussion, a motion was made by Commissioner Murphy and seconded by Commissioner Rice to grant approval of the item as it depends on Item K2. Motion passed unanimously. RESOLUTION NO. 023 -2015 Said Resolution is incorporated herein by reference. 1/21/2015 Page 20 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 - 1/21/2015 Page 21