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09/16/2015 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 Regular Meeting Board of County Commissioners Wednesday, September 16, 2015 Key Largo, Florida A regular meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. at the Murray E. Nelson Government & Cultural Center, MM 102.5. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner Sylvia Murphy, Commissioner George Neugent, Commissioner David Rice and Mayor Danny Kolhage. Also present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Amy Heavilin, County Clerk; Cheryl Robertson, Deputy Clerk; county staff and members of the general public. ADDITIONS, CORRECTIONS, DELETIONS Item Al Motion was made by Commissioner Rice and seconded by Commissioner Carruthers granting approval of the additions, corrections and deletions to the agenda. Motion carried unanimously. A copy of the approved changes are attached at the end of these minutes for reference. PRESENTATION OF AWARDS Item B1 Mayor's Proclamation observing the week of October 4 -10, 2015 as Fire Prevention Week in Monroe County. This year's theme is "Hear the Beep Where You Sleep. Every Bedroom Needs a Working Smoke Alarm!" Chief Callihan gave a brief presentation and hand outs to the Board. BULK APPROVALS Mayor Kolhage addressed the audience regarding the Rules of Bulk Approval's items. Motion was made by Commissioner Rice and seconded by Commissioner Murphy granting approval of the following bulk items. Motion passed unanimously. Item C2 Board granted approval of an amendment to the fire rescue ambulance and other vehicle maintenance contract between Roy Khanna, Individual, ( "Khanna ") and the Monroe County Board of County Commissioners ( "County ") amending paragraph 10 to specify that original supplier invoices only need to be attached if the cost of the individual part is equal to or greater than $400. Item C3 Board granted approval for adoption of Memorandum of Agreement with the State of Florida Department of Health in Monroe and Pinecrest Convalescent Center, LLC, for the purpose of utilizing their rehabilitation center located in Miami -Dade County, to accept and shelter Monroe County's Medically Managed Clients during an out -of- county evacuation resulting from a declared emergency. Page 1 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 Item C4 Board granted Issuance (renewal) of a Class A Certificate of Public Convenience and Necessity (COPCN) to Islamorada Village of Islands - Fire Rescue for the operation of an ALS transport ambulance service for the period October 1, 2015 through September 30,2017. Item C5. Board granted approval for the Key West Branch Library to close on Saturday, October 31 st, 2015. Item C6 Board granted approval to accept renewal from The Florida Municipal Insurance Trust Agreement #386 to provide General Liability,Vehicle Liability and Public Officials /Employee Practices Liability and Excess Workers' Compensation. Item C8 Board granted approval of a Resolution to amend the Personnel Policies and Procedures Manual to add Senior Management designations; the Pregnancy Discrimination law, clarification of current practice concerning insurance coverage while on leave without pay; clarification of maximum hours of leave balance accrual; removal of Division Director title and addition of Assistant County Administrator title due to the restructure of the County which was previously approved by the BOCC; and other minor changes. RESOLUTION # 207 -2015 IS INCORPORATED HEREIN BY REFERENCE Item C9 Board granted approval to purchase insurance for County emergency vehicles and portable equipment from American Alternative and exercise exemption from competitive bidding procedures and authorize the Risk Management Administrator to sign the Florida Consent to Rate /Excess Rate Application. Item CIO Board granted approval of annual update to Exhibit A as per the Memorandum of Understanding (MOU) between Monroe County and the University of Florida (UF) effective October 1, 2006 that specifies FY 2016 payroll costs for the jointly funded Extension Agent positions. Item C12 Board granted approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue. REVISED BACKUP: Numbers 10 & 11 were added. • Resolution #209 -2015 Transfer of Funds for Fund 158 • Resolution #210 -2015 Receipt of Unanticipated Funds for Fund 158 • Resolution #211 -2015 Transfer of Funds for Fund 001 • Resolution #212 -2015 Transfer of Funds for Fund 501 • Resolution #213 -2015 Transfer of Funds for Fund 148 & 180 Page 2 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 • Resolution #214 -2015 Receipt of Unanticipated Funds for Fund 125 • Resolution #215 -2015 Receipt of Unanticipated Funds for Fund 403 • Resolution #216 -2015 Transfer of Funds for Fund for Fund 403 • Resolution #217 -2015 Receipt of Unanticipated Funds for Fund 125 • Resolution #218 -2015 Transfer of Funds for Fund 304 • Resolution #219 -2015 Transfer of Funds for Fund 406 Item C17 Board granted approval to host the Experimental Aviation Association - Aviation Day event at the Florida Keys Marathon International Airport on Saturday November 21,2015. Item C18 Board granted approval of State of Florida Department of Transportation Supplemental Joint Participation Agreement Number One to Contract No ARK80 providing increased funding to continue to improve safety at The Florida Keys Marathon Airport by removing 11 aircraft shade hangars from the runway protection zone and constructing 11 new storage hangars on the south side of Runway 7 -25. Item C19 Board granted ratification and approval of Federal Aviation Adm inistration AIP Grant Agreement #3 -12- 0044 - 032 -2015 providing funding to Relocate Runway 07/25 Threshold Lights at The Florida Keys Marathon Airport. Item C20 Board granted ratification and approval of Federal Aviation Administration AIP Grant Agreement #3 -12- 0044 - 033 -2015 providing funding for Miscellaneous Planning Studies at The Florida Keys Marathon Airport. Item C21 Board granted ratification and approval of Federal Aviation Administration AIP Grant Agreement #3 -12- 0037 - 049 -2015 providing funding to Rehabilitate Apron (Design) and Improve Airport Drainage (Design of Phases 2 and 3) at The Key West International Airport. Item C22 Board granted ratification and approval of Federal Aviation Administration AIP Grant Agreement #3 -12- 0037 - 050 -2015 providing funding for Noise Mitigation Measures at The Key West International Airport. Item C23 Board granted ratification and approval of Federal Aviation Administration AIP Grant Agreement #3 -12- 0037 - 051 -2015 providing funding to Update Airport Master Plan Study for The Key West International Airport. Item C24 Board granted approval of 3rd Amendment to the Master Agreement for Professional Services between Jacobs Project Management Co., and Monroe County. Page 3 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 Item C25 Board granted approval of 2nd Amendment to the Standard Form of Agreement between Owner and Consultant for Financial Consulting Services with Newton & Associates, Inc. Item C28 Board granted approval of an amendment to the Conch Flyer Concessions LLC lease, adding additional retail space to the departure area restaurant. Item C30 Board granted approval to negotiate a contract with Parsons Brinckerhoff, Inc., the highest ranked respondent for Construction Engineering and Inspection Services for the Pedestrian Bridge over Marvin Adams Waterway Project (Key Largo). If successful negotiations cannot be reached approval to negotiate a contract with the next highest ranked respondent until successful negotiations are reached. Item C31 Board granted receipt of monthly report on change orders reviewed by the County Administrator's Office. Item C33 Board granted approval to reject both bids for the Marathon IT Cooling Request for Proposals (RFP) for being automatically disqualified and non- conforming /non - responsive and for re- advertisement of the RFP. Item C35 Board granted approval of contract with Burke Construction Group for the construction of the Monroe County Public Works Facility on Magnolia Street in Key Largo. This is funded by the one -cent infrastructure tax. Item C36 Board granted approval of a Task Order with Pike Architects, Inc. for the replacement of the 3 Monroe County Transfer Station Offices. This is funded by Solid Waste Management. Item C37 Board granted approval of a Task Order with William Hom Architect, P.A. to conduct Water and Energy Conservation Studies at the Monroe County Sheriffs Office Detention Center and Headquarters Building on Stock Island. This Project is funded by the one cent infrastructure sales tax. Item C38 Board granted approval of a Resolution providing support for the Big Pine Key Park requesting funding from the State coastal management projects by the FDEP, and affirming the County's ability to provide local match funding. Match not to exceed $30,000.00. RESOLUTION #220 -2015 IS INCORPORATED HEREIN BY REFERENCE Item C39 Board granted approval to waive Paragraph 2.02.13 of Personnel Policy and Procedures Manual for two individuals to fill a budgeted position simultaneously from thirty (30) calendar days to ninety (90) calendar days. Page 4 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 Item C40 Board granted approval of a License Agreement with the Key Largo Merchants Association, Inc. to hold the Key Largo Stone Crab & Seafood Festival at Rowell's Marina on January 30 to January 31, 2016. The county will receive five (5) percent of the cumulative gross revenues for the event. Item C41 Board granted approval to enter into contract with Advanced Water Technology, Corp. for "Chemical Water Treatment and Testing Services ". Item C42 Board granted approval of a Resolution authorizing agents of Animal Control Contractors to enforce Chapter 4, Monroe County Code, and Chapter 828, Florida Statutes, and to issue citations for violations of the Monroe County Code including requiring appearance for disposition in County Court. RESOLUTION #221 -2015 IS INCORPORATED HEREIN BY REFERENCE BUDGET & FINANCE Item C43 Board granted approval of an application to the U.S. Department of Justice, Bureau of Justice for FY 15 Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation award for $12,795 on behalf of the Monroe County Drug Court and approval for County Administrator to execute required documents. PROJECT MANAGEMENT Item C44 Board granted approval to rescind a revised Local Agency Program (LAP) agreement for the Big Pine Key Swimming Hole Scenic Overlook Project that was approved by the BOCC on September 3, 2015, and re- install the original LAP agreement executed by FOOT and the County that was approved on August 15, 2014. This project is funded at 100% by the FOOT through the Transportation Alternatives Program. PUBLIC WORKS Item C45 Board granted approval of a Lease Amendment for the office space the county leases in Key West for the office of the Public Defender leasing additional office space. TOURIST DEVELOPMENT COUNCIL Item D3 Board granted approval of the 2015/2016 Monroe County Tourist Development Council Marketing Plan. Page 5 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS — BULK APPROVALS Item H25 Board granted approval of refund to Signs Unlimited for duplicate renewal fee paid on August 1, 2014, in the amount of$200.00. Item H26 Board granted approval of refund to BG Property Solutions for duplicate renewal fee paid on March 3, 2015, in the amount of $200.00. Item H27 Board granted approval to re- appoint Mr. Daryle L. Osborn, PE27428, to one (1) additional three (3) year tenn to the Construction Board of Adjustment and Appeals (CBAA) Committee beginning September 16, 2015 and ending September 16, 20 18 as an engineer. Item H28 Board granted approval of a waiver of approximately $23,422.00 in building permit fees for four deed - restricted affordable housing units to serve the 120% of median income level to be built at 5582 First Avenue on Stock Island (RE #'s00125420- 000000 and 00 1253 80- 000101) by Future Investments of KW, LLC. Item H29 Board granted approval of a Task Assignment with Florida Fish & Wildlife Conservation Commission (FFWCC) to receive $60,000 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 H30 Board granted approval of amended contract with Lori Lehr for assistance to staff regarding National Flood Insurance Program (NFIP) participation, Floodplain Regulation development and implementation, FEMA audit assistance, and Community Rating System (CRS) application Professional Support Services and elimination of FTE originally budgeted as permanent position. Item H31 Board granted approval of Work Order #16 in the amount of $50,000 under the URS Transportation Planning Continuing Services contract for review of private development permits. Item H32 Board granted approval to advertise a Public Hearing to consider modifications to Monroe County Code of Ordinances Section 19 -1 Abandonment ofRight -of- Way. Item H33 Board granted approval of the Fifth Amendment to Ground Lease Agreement between Monroe County and Islander Village, LLC, to extend the date by which all affordable housing units must be completed and receive Certificates of Occupancy from December 7, 2015, to December 7, 2016. Page 6 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 Item H34 Board granted approval of a resolution setting October 21, 2015, at the Marathon Government Center, Marathon for a public for a proposed abandonment of a portion of the right -of -way of 2nd Street that is adjacent to Lot 16, Block 30 and Lot 9, Block 29 both of Sand's Subdivision, Big Pine Key. RESOLUTION #247 -2015 IS INCORPORATED HEREIN BY REFERENCE Item H39 Board granted approval of a waiver of approximately $7,165.83 in building permit fees for one deed - restricted affordable housing unit to serve the 120% median income level to be built at 24 North Marlin Avenue on Key Largo (RE# 005 11100-000000) by Habitat for Humanity ofthe Upper Keys, Inc. MONROE COUNTY SHERIFF DEPARTMENT Item K1 Board granted approval of Request for expenditure from the Law Enforcement Trust Fund. $500.00 Florida Missing Children's Day 2015. Item K2 Board granted approval of First Amendment to the Contract for Local Police Services with the Village of Islamorada, the Monroe County Sheriffs Office and the BOCC. Item K3 Board granted approval of Contract for Local Police Services with the City of Layton, the Monroe County Sheriffs Office and the BOCC. Item K4 Board granted approval of 2015 -2018 Contract for Local Police Services with the City of Marathon, the Monroe County Sheriffs Office and the BOCC. COMMISSIONERS' ITEMS Item L 1 Board granted (MAYOR KOLHAGE) the appointment of Gayle Tippett as a Tourist Development Board member, classification: Tourist Releated Business Representative, replacing Harry Appel whose term expired, August 19, 2015. Item L2 Board granted (MAYOR PRO TEM CARRUTHERS) approval of the re- appointment of Perry Johnston to the Climate Change Advisory Committee as representative of District 3. Item L3 Board granted (MAYOR PRO TEM CARRUTHERS) approval of the appointment of Michael Larson to the Climate Change Advisory Committee as representative of District 3, filling the vacancy left by Annalise Mannix. Item L4 Board granted (COMMISSIONER MURPHY) approval to reappoint Vicki Boguszewski to the Climate Change Advisory Committee. Her term will expire October 1, 2017. Page 7 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 Item L5 Board granted (COMMISSIONER MURPHY) approval to reappoint Michelle Robinson to the Climate Change Advisory Committee. Her term will expire October 1, 2017. Item L9 Board granted (COMMISSIONER RICE) approval to reappoint Robert Glazer and Lisa Kaul to the Climate Change Advisory Committee, representing District 4, for two year terms through October 1, 2017. Item L10 Approval granted (COMMISSIONER NEUGENT) by the Board of County Commissioners to reappoint Chris Bergh to the Climate Change Advisory Committee with term expiring October 1,2017. Item L11 Approval granted (COMMISSIONER NEUGENT) by the Board of County Commissioners to reappoint Shirley Gun to the Climate Change Advisory Committee with term expiring October 1, 20 17. Item L12 Board granted (COMMISSIONER NEUGENT) approval of a resolution of the Board of County Commissioners of Monroe County, Florida applauding the Ocean Conservancy, The Florida Keys National Marine Sanctuary and The Florida Keys Scenic Highway Corridor Alliance for their efforts in organizing and carrying out a Keys -wide beach cleanup to take place on September 19,2015. RESOLUTION #251 -2015 IS INCORPORATED HEREIN BY REFERENCE COUNTY CLERK Item M1 Board received the County Clerk's Report. Item M2 Board granted official approval of the July 15 and July 27 BOCC Meeting Minutes. Item M3 Board granted Fifteen Additions for the Month of July. Item M4 Board granted Sixteen Additions for the Month of August. Item M5 Board granted for information only -FKAA invoices submitted to the Finance Department for July and August 2015 relating to the Cudjoe Regional Wastewater System Project. The invoices under $50,000 for BOCC informational purposes. Item M6 Board granted approval of BOCC (including Payroll) for the Month of August, 2015. • A/P and Grant Warrants #713778 - 714059 • Payroll Warrants 43056840- 3057825 • Payroll Vouchers #50000001 - 50000157 Page 8 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 • W /Comp Warrants #18674 -18816 001 General Fund $2,032,818.77 101 Fine & Forfeiture 3,527,273.06 102 Road /Bridges 314,540.50 115 TDC 333,562.70 116 TDC Admin 608,381.19 117 TDC District 1 601,805.90 118 TDC District 2 51,227.46 119 TDC District 3 176,760.11 120 TDC District 4 234,998.79 121 TDC District 5 158,388.29 125 Grant Fund 1,23 8,177.61 130 Impact Fees /Roadways - 141 Fire /Ambulance 646,572.54 144 Upper Keys Health Care 861.95 147 Unincorporated Service 94,618.14 148 Planning Building 392,265.83 149 Municipal Policing 651,058.55 150 E911 Enhancement Fund - 152 Duck Key Security 359.07 153 Local Housing Assistance - 157 Boating Improvement Fund 16,770.10 158 Miscellaneous Special Revenue Fund 37,500.81 Page 9 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 160 Environmental Restoration 5,501.87 162 Law Enforcement Trust -600 2,000.00 163 Court Facilities 9,846.79 164 Drug Facilities Fees 1,272.50 166 Marathon Municipal Service - 168 Bay Point Wastewater MSTU 425.98 169 Big Coppitt Wastewater - 170 Key Largo Wastewater - 171 Stock Island Wastewater 839.15 172 Cudjoe — Sugarloaf MSTU 829.07 175 Long Key - Layton MSTU 2,473.21 176 Duck Key MSTU - 180 Building Funds 250,243.76 201 Building Dept. (PK) - 207 2003 Revenue Bonds - 301 Building Dept (MTH) - 304 1 Cent Infrastructure 1, 152.302.36 308 Infrastructure Sales Tax Revenue Bond 19,855.50 310 Big Coppitt Wastewater 455.37 311 Duck Key Wastewater 636.18 312 Cudjoe Regional WW Project 6,077.34 314 Series 2014 Revenue Bonds 80,942.67 401 Card Sound Bridge 49,456.77 Page 10 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 403 Marathon Airport 99,511.36 404 Key West Int'1 Airport 575,392.03 406 PFC & Operating Restrictions 28,918.43 414 MSD Solid Waste 1,441,967.86 501 Worker's Compensation 187,372.95 502 Group Insurance Fund 972,080.04 503 Risk Management Fund 71,502.18 504 Fleet Management Fund 131,535.74 512 Transit (KW) - 610 Fire /EMS LOSAP Trust Fund 2,175.00 TOTAL SPENT IN AUGUST, 2015 $16,211,555,48 Item M7 Board granted approval to transfer various assets to other departments. Item M8 Board granted approval of the July and August 2015 FKAA Invoices (to include salaries), relating to the Cudjoe Regional Wastewater System Project. These invoices are over $50,000 and exceed the County staff s signing authority per BOCC policy and, therefore, are being submitted for approval. Item M9 Board granted approval of BOCC Warrants (Including Payroll) for the Month of July, 2015. • A/P and Grant Warrants #712480 - 713765 • Payroll Warrants #79715 -79889 • Payroll Vouchers #3055857- 3056839 • W /Comp Warrants #18544 - 186733 001 General Fund $3,616,916.37 101 Fine & Forfeiture 3,586,340.62 102 Road /Bridges 191,171,44 115 TDC 580,909.29 Page 11 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 116 TDC Admin 756,185.67 117 TDC District 1 900,270.29 118 TDC District 2 60,424.80 119 TDC District 3 262,897.25 120 TDC District 4 326,325.91 121 TDC District 5 339,134.69 125 Grant Fund 778,463.16 130 Impact Fees /Roadways 42,876.00 141 Fire /Ambulance 639,082.54 144 Upper Keys Health Care 119,151.55 147 Unincorporated Service 100,858.08 148 Planning Building 341,116.97 149 Municipal Policing 414,144.39 150 E911 Enhancement Fund 36,065.10 152 Duck Key Security 5,783.75 153 Local Housing Assistance 145,742.24 157 Boating Improvement Fund 114,172.30 158 Miscellaneous Special Revenue Fund 57,612.64 160 Environmental Restoration 34,182.98 162 Law Enforcement Trust -600 1,000.00 163 Court Facilities 20,774.51 164 Drug Facilities Fees 435.00 166 Marathon Municipal Service - Page 12 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 168 Bay Point Wastewater MSTU 88.13 169 Big Coppitt Wastewater 432.20 170 Key Largo Wastewater 467.06 171 Stock Island Wastewater 1,351.49 172 Cudjoe — Sugarloaf MSTU 1,530.74 175 Long Key - Layton MSTU 1,560.81 176 Duck Key MSTU 1,087.74 180 Building Funds 204,313.51 201 Building Dept. (PK) 15.00 207 2003 Revenue Bonds 8,765.08 301 Building Dept (MTH) 1,288.12 304 1 Cent Infrastructure 362,034.64 308 Infrastructure Sales Tax Revenue Bond - 310 Big Coppitt Wastewater 4,582.53 311 Duck Key Wastewater 910.78 312 Cudjoe Regional WW Project 15,034.63 314 Series 2014 Revenue Bonds 19,527.04 401 Card Sound Bridge 51,762.70 403 Marathon Airport 153,239.31 404 Key West Int'1 Airport 600,431.25 406 PFC & Operating Restrictions 4,800.00 414 MSD Solid Waste 1,485,681.48 501 Worker's Compensation 98,692.91 Page 13 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 502 Group Insurance Fund 503 Risk Management Fund 504 Fleet Management Fund 512 Transit (KW) 610 Fire /EMS LOSAP Trust Fund TOTAL SPENT IN JULY, 2015 1,595,518.36 44,487.99 160,911.78 1.00 4,710.00 $18,295.263.82 Item M10 Board granted approval to surplus various departments assets. Item Ml 1 Board granted approval of Tourist Development Council expenses for the month of July, 2015. Item M 12 Board granted approval of Tourist Development Council expenses for the month of August, 2015. COUNTY ADMINISTRATOR Item N2 Board granted approval of the reappointment of Edward Russo to the Climate Change Advisory Committee. ItemN3 Board granted approval of Resolution adopting the Monroe County Multi -Year Implementation Plan and approval to submit to U.S. Treasury Department, as required in order to access the County's Direct Component (..Local Pot ") funds. RESOLUTION #252 -2015 IS INCORPORATED HEREIN BY REFERENCE Item N4 Board authorized entering into Amendment No. 4 with Erin L. Deady, P.A. for the development of GreenKeys! Climate and Sustainability Plan to add one new modeling scenario for the sea level rise. Item N7 Board granted approval of a Professional Services Agreement with Anfield Consulting to assist Monroe County with drafting and advancing state legislation to fund the County's land acquisition and water quality needs. COUNTY ATTORNEY Item 04 Board granted approval to advertise for a Public Hearing to consider an ordinance rewriting Monroe County Code (MCC) Section 2- 347(i) to reconcile the section with County Purchasing Policy Chapter 3, Part 5, incorporate certain statutory requirements, and provide clarifying terms and procedures for good faith Page 14 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 bid security deposit procedure, forfeiture, and return in the competitive solicitation process for procurement of construction projects and water system or sewer improvements. Item 05 Board granted approval to advertise a public hearing to adopt an ordinance amending Sections 2- 179(a) (2); 2- 347(1) (4); 2- 349(d); 4 -3(2); 6 -55(c) (22); and 122 -6(d) of the Monroe County Code, deleting the term division director, to reflect the change in nomenclature contained in the County's Table of Organization which was adopted by the Board of County Commissioners on July 15, 2015. Item 06 Board granted approval to advertise a public hearing to consider adoption of an ordinance amending Sections 2 -79 and 2 -81 of the Monroe County Code, regarding membership and meetings of the Monroe County Personnel Policies and Procedures Review Board. Item 07 Board granted approval to advertise a public hearing for an ordinance requiring the posting of Human Trafficking Public Awareness Signs at specified locations. Item 08 Board granted approval of a mediated settlement agreement for a Code Compliance Lien Foreclosure Case styled Monroe County v. Jorge Diaz, Case No.: CA -P -15 -178 , regarding real property located at 710 Largo Road and 714 Largo Road, Key Largo, FL. Item 09 Board granted authorization to initiate litigation against Frances E. and Jon S. Andersen, and the property located at 149 Ocean Shores Drive, Key Largo to enforce a lien arising from Code Compliance Case Number CE07040059. Item 010 Board granted authorization to initiate litigation against Leo G. Gingrey and Ethel L. Gingrey and vacant property identified by real estate number 00266030- 000000 in the public records of Monroe County for foreclosure, and /or money judgment; to proceed with abatement of overgrown canal vegetation creating a navigational hazard per Resolution 377 -2014; and to impose repair costs as a lien. Item 011 Board granted approval of a conservation easement to be imposed on two parcels of land, as requested by the property owner Ocean Pointe Commons Association, Inc., 500 Burton Drive, Key Largo, and allow the property owner to submit applications to expand existing recreational facilities on the property. RESOLUTION #253 -2015 IS INCORPORATED HEREIN BY REFERENCE Item 012 Board granted approval to advertise a public hearing to consider an ordinance amending Monroe County Code, Chapter 6, Sections 6- 32: Working through a stop work order; 6 -198: Definitions; 6- 237(1)(a): Applications; Examinations; Page 15 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 Issuance of contractor's certificate; 6- 240(b): Fees; 6 -242: Request for renewal or reinstatement; 6 -263: Created; and 6- 201(e)(2): Penalties. Item 013 Board granted approval of and authorization for the Mayor to execute the Acknowledgement of Development Rights Affecting Real Property known as Key Haven Estates Property. COMMISSIONERS' ITEMS Item L6 The Board discussed a resolution designating the second Monday in October of each year as "Sir Lancelot Jones Day ". In lieu of State Representative Holly Raschein, Erin Muir (Aide) presents to the Board the history of Sir Lancelot Jones. Kathleen Elliott (representing Mahogany Youth Corp), Saige Raymond (representing Mahogany Youth Corp), and Jacqueline Crucet (representing National Parks Conservatioin Association) addressed the Board as public speakers. A Motion for approval was made by Commissioiner Neugent and seconded by Commissioner Rice. Motion passed unanimously. RESOLUTION #250 -2015 IS INCORPORATED HEREIN BY REFERENCE THE FIRE AND AMBULANCE DISTRICT 1 BOARD OF GOVERNOR'S BOARD MEETING FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS Present and answering to the Roll Call was Mayor Danny Kolhage, Commissioner /Chairman George Neugent, Commissioner David Rice, Councilwoman Katie Scott, and Vice Mayor Clark Snow. Item G2 A Motion was made by Commissioner Rice and seconded by Vice Mayor Clark Snow granting approval of an amendment to the fire rescue ambulance and other vehicle maintenance contract between Roy Khanna, Individual, ( "Khanna ") and the Monroe County Board of Governors of Fire and Ambulance District I ( "County ") amending paragraph 10 to specify that original supplier invoices only need to be attached if the cost of the individual part is equal to or greater than $400. Motion was approved unanimously. Item G3 A Motion was made by Commissioner Rice and seconded by Mayor Kolhage granting approval of an amendment to the fire rescue vehicle maintenance contract between Fire -Tech Repair Service, Inc. ( "Fire- Tech ") and the Monroe County Board of Governors of Fire and Ambulance District I ( "County ") amending paragraph 10 to specify that original supplier invoices only need to be attached ifthe cost of the individual part is equal to or greater than $400. Motion was approved unanimously. Page 16 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 Item G4 A Motion was made by Commissioner Rice and seconded by Vice Mayor Clark Snow granting approval to waive purchasing policy and issue a purchase order, and approval for the Fire Chief to execute an Application Service Provider Agreement with ZOLL Data Systems, Inc., provider of RescueNet suite software products, for the purchase of application hosting and technology services on their FireRMS product in the annual amount of$17,550, a one -time $9,450 deployment fee, and a one -time remote /on -site implementation all- inclusive fee of $18,600; this includes data migration and conversion responsibility for configuration to ZOLL Data Systems, Inc. and integrates Monroe County Fire Rescue's current ePCR and RescueNet billing software with FireRMS providing a one -of -a -kind solution for MCFR. Motion was approved unanimously. Item G5 A Motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval to exercise the final renewal option of the contract between the Board of County Commissioner and the Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida, and Professional Emergency Services, Inc. to provide meeical direction for Monroe County Fire Rescue pursuant to Chapter 401, F.S. and Chapter 64J -1, FAC. (9/15/15). Motion passed unanimously. FIRE AND AMBULANCE DISTRICT 1 BOARD OF GOVERNORS ADJOURNED AND THE BOARD OF COUNTY COMMISSIONER'S MEETING RECONVENED Item C 1 A Motion was made by Commissioner Murphy and seconded by Commissioner Neugent approving the Ratification of a contract between Monroe County BOCC /Monroe County Social Services (Monroe County Transit) and the Community Transportation Coordinator, Guidance Care Center, Inc. for a contract period of 7/1/2015 to 6/30/2016. This is a non- monetary partnership /collaboration contract required by the State of Florida Commission for the Transportation Disadvantaged. Roll Call vote was taken by the Clerk with the following results: Commissioner Carruthers Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Abstain (Notice of Voting Conflict pursuant to F. S. 112.3143) Mayor Kolhage Yes Motion carried. Page 17 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 COUNTY ADMINISTRATOR Item N5 Rhonda Haag: Sustainability Program Manager, Roman Gastesi; County Administrator, and Wendy Blondin addressed the Board. After discussion a Motion was made by Commissioner Rice and seconded by Commissioner Neugent granting approval to advertise a Request for Proposals for installation of a culvert in Canal #277 located in Tropical Bay Estates in Big Pine Key in order to increase the natural tidal flushing, as part of the County's canal restoration demonstration program. Motion approved unanimously. After further discussion by the board, and comment by Roman Gastesi; County Administrator, Mike Forster (representing Islamorada), Mike Maurer (representing Eden Pines), Bill Hunger (representing SSPOA), and Mr. Gus Rios, a motion was made by Commissioner Murphy and seconded by Commissioner Rice for a special meeting /workshop to be held in the future to further discuss issues concerning the canal project. Motion carried unanimously. Item N6 Kevin Wilson; Assistant County Administrator, Roman Gastesi; County Administrator and Bob Shillinger; County Attorney, Mayte Santamaria; Senor Director of Planning & Environmental Resources, Mike Forster, Margie Smith (representing upper keys families), Robby Majeska (representing parents - students- business owners), Dennis Caltagirone (tax payer), Stephanie Scuderi (FKCC), Jean Mauk (FKCC), Dr. Frank Wood (FKCC), Eddie Fernandez (FKCC), Mark Roby (FKCC), Dr. Jonathan Gueverra (FKCC), Susan Sprunt, Marlen Weeks (representing Port Largo Property Owner), and Fred Nickerson addressed the Board regarding the request to use the vacant Monroe County Property at Atlantic Ave in Key Largo for a satellite campus of the Florida Keys Community College. Staff requested discussion and direction on two issues, ownership vs long term lease and overflow parking which may require different language in the conveyance. The Board is supportive of an upper keys campus but directed Staff to seek a larger parcel or other alternatives. EMERGENCY SERVICES -FIRE RESCUE Item C47 A Motion was made by Commissioner Murphy and seconded by Commissioner Rice for approval to exercise the final renewal option of the conract between the Board of County Commissioner and the Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida, and Professional Emergency Services, Inc. to provide meeical direction for Monroe County Fire Rescue peusuant to Chapter 401, F. S. and Chapter 64J -1, FAC. Motion was approved unanimously. Page 18 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 PROJECT MANAGEMENT Item P1 Doug Esposito; Director of Project Management, Kevin Madok; Senior Director of Strategic Planning and Mike Forster (representing Islamorado) addressed the Board regarding the status of programming the owner's project requirements and basis of design for the P..K. Courthouse and Detention Center construction and renovation project. This was a presentation. The Board did not take any action. BULK APPROVALS Item C7 Jim Crane addressed the Board regarding the approval of a Resolution designating certain county employee positions for inclusion in the Senior Management Service Class of the Florida Retirement System. CLOSED SESSIONS Item J1 Bob Shillinger; County Attorney announced an Attorney- Client Closed Session in the matter of Board of County Commissioners of Monroe County, Florida v. Leland D. Egland, Case No. CA -P -14 -404. AND Item J2 Bob Shillinger; County Attorney announced an Attorney- Client Closed Session in the matter of Monroe County Board of County Commissioners v. Construct Group Corp. and Berkley Regional Ins. Co., Case No. CA-K-15-844 and Construct Group Corp. v. Monroe County Board of County Commissioners, Case No. CA -P -15 -563. The persons attending the meeting were the County Commissioners, County Administrator Roman Gastesi, County Attorney Bob Shillinger, Assistant County Attorneys Chris Ambrosio and Christine Limbert- Barrows, Special Litigator Ira Libanoff, and Certified Court Reporter. Mayor Danny Kolhage declared the closed meeting ended and returned to the open session. COMMISSIONERS' ITEMS Item L7 Commissioner Murphy's Presentation of the Public Art Collection Video filmed by Mike Marrero. After the presentation, Commissioner Murphy recognized the artist whom provided the artwork to this building, the Art in Public Places, and the rest of the Art Council. Page 19 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 CONTINUANCE OF AGENDA ITEM C7 Item C7 After returning to this item and the discussion of item was withdrawn by Roman Gastesi; County Administrator to bring back at a later date . BULK APPROVALS Item Cl I Alicia Betancourt representing CCAC addressed the Board regarding the request for approval of a Resolution by the Monroe County Board of County Commissioners extending the Monroe County Climate Change Advisory Committee (CCAC) to allow the members to continue making recommendations regarding climate change mitigation and adaptation strategies. A new sunset date of October 1, 2017 is established. Alicia Betancourt representing CCAC expressed her appreciation and requested the approval of the resolution. After discussion, a motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to adopt the Resolution. Motion carried unanimously. RESOLUTION # 208 -2015 INCORPORATED HEREIN BY REFERENCE Item C13 A Motion was made by Commissioner Neugent and seconded by Commissioner Carruthers granting approval of contract with the State of Florida, Department of State, Division of Historical Resources to fund the project "Monroe County Cultural Resources Assessment Update" as set forth in the application submitted by the Historical Florida Keys Foundation (HFKF). Roll Call vote was taken by the Clerk with the following results: Commissioner Carruthers Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Abstain (Notice of Voting Conflict pursuant to F. S. 112.3143) Mayor Kolhage Yes Motion carried. Page 20 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 Item C14 A Motion was made by Commissioner Neugent and seconded by Commissioner Carruthers granting approval of an amendment to Attachment C of the Edward Byrne Memorial Justice Assistant Grant Program Funds Agreement with the Guidance /Care Center for the Women's Jail Incarceration Drug Abuse Treatment Program. Roll Call vote was taken by the Clerk with the following results: Commissioner Carruthers Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Abstain (Notice of Voting Conflict pursuant to F. S. 112.3143) Mayor Kolhage Yes Motion carried. Item C15 A Motion was made by Commissioner Neugent and seconded by Commissioner Carruthers granting approval of an amendment to the Edward Byrne Memorial Justice Assistant Grant Program Funds Agreement with the Guidance /Care Center d/b /a The Heron Assisted Living for the Recidivism Prevention in Dually - Diagnosed Adults with Mental Illness & Substance Abuse project to increase the award amount and to modify the federal and state purpose areas and to modify the budget narrative to reflect contractual services based on a unit cost methodology as evidenced by the grant adjustment. Roll Call vote was taken by the Clerk with the following results: Commissioner Carruthers Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Abstain (Notice of Voting Conflict pursuant to F. S. 112.3143) Mayor Kolhage Yes Motion carried. Page 21 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 Item C16 A Motion was made by Commissioner Neugent and seconded by Commissioner Carruthers for ratification of grant adjustment submission to FDLE Byrne JAG program to increase the award amount, modify the federal and state purpose areas and the budget narrative to reflect contractual services are based on a unit cost methodology . Roll Call vote was taken by the Clerk with the following results: Commissioner Carruthers Commissioner Murphy Commissioner Neugent Commissioner Rice (Notice of Voting Conflic Mayor Kolhage Motion carried. Yes Yes Yes Abstain L pursuant to F. S. 112.3143) Yes PUBLIC HEARINGS Item Q 1 A public hearing to consider approval of an ordinance by the Monroe County Board of County Commissioners amending Monroe County Code Section 6 -100 clarifying when permits are required and the applicability of permits for chickee huts. (Legislative proceeding). No public speakers. A motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following Ordinance. The Motion was unanimously approved. ORDINANCE #018 -2015 INCORPORATED HEREIN BY REFERENCE Item Q2 A public hearing to consider approval of an ordinance by the Monroe County Board of County Commissioners amending Monroe County Code Section 6 -108 amending the process for the refund of fees paid for permits related to Chapter 6 "Buildings and Construction ". (Legislative proceeding) . No public speakers. A motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following Ordinance. The Motion was unanimously approved. ORDINANCE #019 -2015 INCORPORATED HEREIN BY REFERENCE Page 22 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 Item Q3 A public hearing to consider a resolution transmitting to the State Land Planning Agency an ordinance by the Monroe County Board of County Commissioners amending the Monroe County Future Land Use Map from Residential Low (RL) to Commercial (COMM), for property located at 95710 Overseas Highway, MM96, Key Largo, described as a parcel of land located in government lot 3, Section 12, Township 62 South, Range 38 East, Key Largo, Monroe County, Florida, having real estate number 00088350.000000. (Legislative Proceeding) (Continued from June 10, 2015 BOCC meeting). No public speakers. A motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following resolution. The Motion was unanimously approved. RESOLUTION #254 -2015 INCORPORATED HEREIN BY REFERENCE Item Q4 A public hearing for approval of an ordinance of the Monroe County Board of County Commissioners revising Monroe County Code (MCC) Chapter 19 Roads and Bridges to allow ground cover on the County's right -of -way and providing for a landscaping permit to be issued with conditions as previously directed by the Board. No public speakers. A motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following Ordinance. Roll Call vote was taken by the Clerk with the following results: Commissioner Carruthers Yes Commissioner Murphy Yes Commssioner Neugent No Commissioner Rice Yes Mayor Kolhage No Motion carried. ORDINANCE # 017 -2015 INCORPORATED HEREIN BY REFERENCE BULK APPROVALS Item C27 Approval of bid award to Douglas N. Higgins, Inc. (D.N. Higgins) for Terminal Force Main Connection and Tenant Sewer laterals Project Florida Keys Marathon International Airport. County Attorney Bob Shillinger removed this item to bring it back in another month. Staff discovered new information this morning that would effect the agenda item, and needs more background work. The Department of Airports is in agreement with this removal. Item C29 Approval of Resolution authorizing administrative staff to apply for a Florida Highway Beautification Council (FHBC) grant from the Florida Department of Transportation (FOOT), and if awarded, to accept the grant, and enter into a Highway Beautification Grant Agreement between the County and the FDOT; and if awarded, to commit funds for a total project budget of $65,052 (eligible Page 23 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 grant funds in the amount of $50,052 and applicant matching funds in the amount of $15,000) for the construction and construction engineering and inspection (CEI) services for the buffer landscaping project along the US Bayside Shared Use Path in Key Largo. Robby Majeska and Dottie Moses (representing 1 Harbor Dr Key Largo & Island of Key Largo Federation of Homeowner Association) addressed the Board as public speakers. A motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following resolution. Motion passed unanimously. RESOLUTION #201 -2015 INCORPORATED HEREIN FOR REFERENCE BULK APPROVALS - PUBLIC WORKS Item C46 Approval of a Resolution to waive M.C.C. Section 18- 25(b)(I), which prohibits possession of alcoholic beverages at Higgs Beach, on December 5, 2015 for the 6th Annual Multirace, LLC, Key West Triathlon and Expo. Kevin Wilson, Assistant County Administrator, addressed the Board. A Motion was made by Commissioner Rice and seconded by Commissioner Murphy to adopt the following resolution. Motion passed unanimously. RESOLUTION #222 -2015 INCORPORATED HEREIN FOR REFERENCE TOURTIST DEVELOPMENT COUNCIL Item D 1 Announcement of one vacant position at the Tourist Development Council District I Advisory Committee for one "At Large" appointment. Item D2 Motion made by Commissioner Rice and seconded by Commissioner Carruthers for approval of one "At Large' appointment, Rob Stober to the Tourist Development Council District IV Advisory Committee. Motion passed unanimously. STAFF REPORTS Item E1 Kevin Wison, Director of Public Works and Engineering provided a monthly summary of economics to the Board. Kevin expressed his thanks to several individuals; Amy Heavilin's staff Pam Radloff and Bill Chase and the County Attorney `s staff Cynthia Hall, his staff Pan Hancock, Ann Riger, and Tim. Kevin Wilson further spoked to the Board about the Animal Control System in the Middle/ Lower Keys. Item E2 In lieu of Don Degraw Director of Airports, TJ Henderson from the Department of Airports gave a presentation about the Launching of EYW.com. , a website which is live and operational. Page 24 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 Item E3 Lisa Tynnson Intergovernmental Affairs provided a landscape on the upcoming legislature and the legislature session. The Water Resource Advisory Committee of the South Florida Water Management District met and they heard two separate presentations that is apparently unrelated but we feel are related. It is inparative for us to contact the Water Management District to encourage them to come here and potentially have them make a presentation for the Board and advocate for a more expedient project schedule. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENT -BULK APPROVALS The Board called Items H1 -H24 collectively referring to the printed public agenda therefore waiving the reading of Items H1 -H24 . Christine Hurley, Assistant County Administrator, provided a synopsis of Laurie Lehr's presentation for why we are doing all these requested adoptions at the Board County Commissioners' meeting, what it means to the Monroe County citizens if these items were to be approved and the continued successfullness to gain good standing in the Federal Emergency Management Agency, and the status in the NFIP. Laurie Lehr, Contract Flood Plain Administrator, presented a brief presentation to the Board. Robby Majeska addressed the Board as a public speaker. After discussion a Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to adopt the following resolutions. Roll Call vote was taken by the Clerk with the following results: Commissioner Carruthers Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Yes Mayor Kolhage Yes Motion carried. Item H1 Approval of a resolution of the Monroe County Board of County Commissioners adopting FEMA Technical Bulletin 0 "User's Guide to Technical Bulletins" dated March 2009 as required pursuant to Monroe County Code Section 122 -2(c). RESOLUTION #223 -2015 INCORPORATED HEREIN FOR REFERENCE Item H2 Approval of resolution of the Monroe County Board of County Commissioners adopting FEMA Technical Bulletin I "Openings in Foundation Walls and Walls of Enclosures" dated August 2008 as required pursuant to Monroe County Code Section 122 -2(c). RESOLUTION #224 -2015 INCORPORATED HEREIN FOR REFERENCE Page 25 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 Item H3 Approval of a resolution of the Monroe County Board of County Commissioners adopting FEMA Technical Bulletin 2 "Flood Damage - Resistant Materials Requirements" dated August 2008 as amended October 20I0 as required pursuant to Monroe County Code Section 122 -2(c). RESOLUTION #225 -2015 INCORPORATED HEREIN FOR REFERENCE Item H4 Approval of a resolution of the Monroe County Board of County Commissioners adopting FEMA Technical Bulletin 3 "Non- Residential Floodproofing- Requirements and Certification" dated April 1993 as required pursuant to Monroe County Code Section 122 -2(c). RESOLUTION #226 -2015 INCORPORATED HEREIN FOR REFERENCE Item H5 Approval of a resolution of the Monroe County Board of County Commissioners adopting FEMA Technical Bulletin 4 "Elevator Installation" dated November 2010 as required pursuant to Monroe County Code Section 122 -2(c). RESOLUTION #227 -2015 INCORPORATED HEREIN FOR REFERENCE Item H6 Approval of a resolution of the Monroe County Board of County Commissioners adopting FEMA Technical Bulletin 5 "Free -of- Obstruction Requirements" dated August 2008 as required pursuant to Monroe County Code Section 122 -2(c) RESOLUTION #228 -2015 INCORPORATED HEREIN FOR REFERENCE Item H7 Approval of a resolution of the Monroe County Board of County Commissioners adopting FEMA Technical Bulletin 6 'Below- Grade Parking Requirements" dated April 1993 as required pursuant to Monroe County Code Section 122 -2(c). RESOLUTION #229 -2015 INCORPORATED HEREIN FOR REFERENCE Item H8 Approval of a resolution of the Monroe County Board of County Commission adopting FEMA Technical Bulletin 7 "Wet Floodproofing Requirements" dated December 1993 as required pursuant to Monroe County Code Section 122 -2(c). RESOLUTION #230 -2015 INCORPORATED HEREIN FOR REFERENCE Item H9 Approval of a resolution of the Monroe County Board of County Commissioners adopting FEMA Technical Bulletin 8 "Corrosion Protection for Metal Connectors in Coastal Areas" dated August 1996 as required pursuant to Monroe County Code Section 122- 2(c). RESOLUTION #231 -2015 INCORPORATED HEREIN FOR REFERENCE Page 26 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 Item H10 Approval of a resolution of the Monroe County Board of County Commissioners adopting FEMA Technical Bulletin 9 "Design and Construction Guidance for Breakaway Walls" dated August 2008 as required pursuant to Monroe County Code Section 122 -2(c). RESOLUTION #232 -2015 INCORPORATED HEREIN FOR REFERENCE Item HI I Approval of a resolution of the Monroe County Board of County Commissioners adopting FEMA Technical Bulletin 10 "Ensuring That Structures Built on Fill In or Near Special Flood Hazard Areas Are Reasonably Safe From Flooding" dated May 2001 as required pursuant to Monroe County Code Section 122 -2(c). RESOLUTION #233 -2015 INCORPORATED HEREIN FOR REFERENCE Item H12 Approval of a resolution of the Monroe County Board of County Commissioners adopting FEMA Technical Bulletin 11 "Crawlspace Construction" dated November 2001 as required pursuant to Monroe County Code Section 122 -2(c). RESOLUTION #234 -2015 INCORPORATED HEREIN FOR REFERENCE Item H13 Approval of a resolution of the Monroe County Board of County Commissioners adopting FEMA P -55, Volumes I and II "Coastal Construction Manual" dated August 2011 as required pursuant to Monroe County Code Section 122 -2(c). RESOLUTION #235 -2015 INCORPORATED HEREIN FOR REFERENCE Item H14 Approval of a resolution of the Monroe County Board of County Commissioners adopting FEMA P -85, Second Edition "Protecting Manufactured Homes from Floods and Other Hazards" dated November 2009 as required pursuant to Monroe County Code Section 122 -2(c). RESOLUTION #236 -2015 INCORPORATED HEREIN FOR REFERENCE Item H15 Approval of a resolution of the Monroe County Board of County Commissioners adopting FEMA P -499, "Home Builder's Guide to Coastal Construction" dated December 2010 as required pursuant to Monroe County Code Section 122 -2(c). RESOLUTION #237 -2015 INCORPORATED HEREIN FOR REFERENCE Item H16 Approval of a resolution of the Monroe County Board of County Commissioners adopting FEMA P -758, "Substantial Improvement /Substantial Damage Desk Reference" dated May 2010 as required pursuant to Monroe County Code Section 122- 2(c). RESOLUTION #238 -2015 INCORPORATED HEREIN FOR REFERENCE Page 27 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 Item H17 Approval of a resolution of the Monroe County Board of County Commissionersadopting FEMA P -936 "Floodproofing Non- Residential Buildings" dated July 2013 as required pursuant to Monroe County Code Section 122 -2(c). RESOLUTION #239 -2015 INCORPORATED HEREIN FOR REFERENCE Item H18 Approval of a resolution of the Monroe County Board of County Commissioners adopting FEMA Floodplain Management Bulletin 467 -1 "Elevation Certificate" dated May 2004 as required pursuant to Monroe County Code Section 122 -2(c). RESOLUTION #240 -2015 INCORPORATED HEREIN FOR REFERENCE Item H19 Approval of a resolution of the Monroe County Board of County Commissioners adopting Florida Department of Emergency Management (FDEM) "Technical Topic: Guidance for Pools and Outdoor Kitchens /Bars in Flood Hazard Areas" dated November 2010 as required pursuant to Monroe County Code Section 122 - 2(c). RESOLUTION #241 -2015 INCORPORATED HEREIN FOR REFERENCE Item H2O Approval of a resolution of the Monroe County Board of County Commissioners adopting Monroe County "Elevation Certificate Review Policy" dated October 1, 2015 as required pursuant to Monroe County Code Section 122 -2(c). RESOLUTION #242 -2015 INCORPORATED HEREIN FOR REFERENCE Item H21 Approval of a resolution of the Monroe County Board of County Commissioners adopting Monroe County "Floodproofing Non- Residential Structures Permitting and Inspection Requirements Policy" dated October 1, 2015 as required pursuant to Monroe County Code Section 122 -2(c). RESOLUTION #243 -2015 INCORPORATED HEREIN FOR REFERENCE Item H22 Approval of a resolution of the Monroe County Board of County Commissioners adopting Monroe County "Pool and Cistern & Accessory Equipment Location in Special Flood Hazard Areas Policy" dated October 1, 2015 as required pursuant to Monroe County Code Section 122 -2(c). RESOLUTION #244 -2015 INCORPORATED HEREIN FOR REFERENCE Page 28 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 Item H23 Approval of a resolution of the Monroe County Board of County Commissioners adopting Monroe County "Substantial Improvement or Substantial Damage (50% Rule) Application & Affidavits Policy" dated October 2015 as required pursuant to Monroe County Code Section 122 -2(c). RESOLUTION #245 -2015 INCORPORATED HEREIN FOR REFERENCE Item H24 Approval of a resolution of the Monroe County Board of County Commissioners adopting Monroe County V -Zone Certification and Calculations Documentation Policy" dated October 1, 2015 as required pursuant to Monroe County Code Section 122 -2(c). RESOLUTION #246 -2015 INCORPORATED HEREIN FOR REFERENCE PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS Item H35 Approval of a Resolution to reserve 0.087 HIMPACT with 0.261 `HMITIGATION' for Caya Place LLC on Big Pine Key on the eastern parcel (RE 00111078.000000) of property located at 30641 US Highway 1 (aka Skeeter's Marine) for a period not to exceed 1 year (September 16, 2016). COMPANION TO Item H36 Approval of a Resolution for a reservation of sixteen (16) affordable ROGO allocations, consisting of eight (8) moderate income category allocations, for Caya Place LLC on Big Pine Key on the eastern parcel (RE 00111078.000000) of property located at 30641 US Highway 1 (aka Skeeter's Marine) until September 16, 2016. Mayte Santamaria; Senior Director of Planning & Environmental Resources addressed the Board. Tom Fletcher and Richard Beal representing Caya Place LLC addressed the Board as a public speakers. After discussion Commissioner Neugent moved to approve staff recommendation for one year extension only and Commissioner Murphy seconded the motion. Roll Call vote was taken by the Clerk with the following results: Commissioner Carruthers Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Yes Mayor Kolhage Yes Motion carried. Page 29 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 RESOLUTION #248 -2015 INCORPORATED HEREIN FOR REFERENCE (H35) RESOLUTION #249 -2015 INCORPORATED HEREIN FOR REFERENCE (1136) Item H37 Approval of an lnterlocal Agreement between Monroe County and City of Marathon transferring 41 Low and 5 Very Low Affordable Housing ROGO Allocations from Monroe County to the City of Marathon. COMPANION TO Item H38 Approval of an Interlocal Agreement between Monroe County and City of Marathon transferring 32 Low and 4 Very Low Affordable Housing ROGO Allocations from Monroe County to the City of Marathon. Bob Shillinger, County Attorney addressed the Board covering three issues pertaining to these two agenda items. Mayte Santamaria; Senior Director of Planning & Environmental Resources and Christine Hurley; Assistant County Administrator addressed the Board. Greg Oropeza representing Anchorage Homes LLC and John Haslett representing Affordable Housing addressed the Board as public speakers. Commissioner Murphy moved to approve H37 & H38 with the corrected date in Section IA as stated by the County Attorney (prior to March 15, 2016) and seconded by Commissioner Carruthers. Motion approved unanimously. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS Item I1 Richard Jones, Senior Administrator of Marine Resources, provided an update regarding the County's vessel pumpout program and associated State funding. Bob Shillinger, County Attorney, has been directed to look into the legal issues surrounding liveaboards. Item I2 Cynthia McPherson, Director of Code Enforcement, presented the results of the Clean Up Key Largo Campaign. The following participants were recognized for their contribution to the Clean Up; Monroe County Sheriff Office, FDOT and ICA, the Planning and Building Departments, and the Code Compliance Staff in the Key Largo Office. Dottie Moses was appreciated as well for her contribution by Commission Murphy. Robby Majeska as well as Dottie Moses representing Island of Key Largo Federation of Homeowners Association addressed the Board as a public speakers. Page 30 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 COMMISSIONERS' ITEMS Item L8 Board discussed Commissioner's Rice request to move Wed., March 16, 2016 Regular BOCC meeting to a week later to Wednesday, March 23,2016. After discussion, a motion was made by Commissioner Carruthers and seconded by Mayor Kolhage to move March as well as February's meetings to a week later. Motion approved unanimously. COUNTY ADMINISTRATOR Item N1 County Administrator's Report provided by Roman Gastesi. One area that we need to bring back next month for discussion is the Florida Bay issue. It is important to bring in the experts and provide a status as to where we are. Commissioner Neugent requested staff to place on the agenda as well for further discussion health care and urgent care. Christine Hurley addressed the Board and suggested November's calendar for this discussion. COUNTY ATTORNEY Item 01 County Attorney's report provided by Bob Shillinger. Four points that were mentioned to the Board: 1) no change in the adopted code change that allowed the fine request/reduction request to go in front of a special magistrate; took the first one last month and it was kept at the 25% that staff was authorized to offer. 2) bond validation suit joint action with the Key Largo Waste Water Treatment District and County Agreement filed and expecting a court date soon. 3) Laudicina Deep Well Suit moving forward 4) Mr. Williams will be attending an auction tomorrow morning at the Courthouse in a judgment foreclose case against Ms. Lloyd for liens of $9000.00. Staff is seeking direction in this particular case as to how to proceed. Steve Williams, Assistant County Attorney, addressed the Board providing background as to this vacant lot. Discussion among the Board members. The Board preference is not to own the property but to cover our cost. Christine Hurley addressed the Board. A motion was made by Commissioner Murphy and seconded by Commissioner Rice to get as much as possible without owning the lot. Roll Call vote was taken by the Clerk with the following results: Commissioner Carruthers No Commissioner Murphy Yes Commissioner Neugent No Commissioner Rice Yes Mayor Kolhage Yes Motion carried. Page 31 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 Item 02 Bob Shillinger, County Attorney, request to hold an Attorney - Client Closed Session in the matter of Keith Cohen & Cheri Cohen v. Monroe County, Florida, Case No. 15 -CV- 10167, U. S. District Court at the regularly scheduled BOCC meeting on October 21, 2015 in Marathon, FL at 1:30 p.m. or as soon thereafter as may be heard. A motion was made by Commissioner Murphy and seconded by Commissioner Rice to approve this request. Motion passed unanimously. Item 03 Bob Shillinger, County Attorney, request to hold an Attorney Client Closed Session in the matter of Board of County Commissioners of Monroe County v. Rockland Investment Corporation, Inc., Case No. CA K 1S -717 at the regularly scheduled BOCC meeting on October 21, 2015 in Marathon, FL at 1:30 p.m. or as soon thereafter as may be heard. A motion was made by Commissioner Rice and seconded by Commissioner Carruthers to approve this request. Commissioner Murphy was absent for the vote. Motion carried. Item 014 Approval to advertise a public hearing to approve an ordinance of the Monroe County Board of County Commissioners amending Section 2 -58 of the Monroe County Code (MCC) providing for the powers and duties of the County Administrator including authorizing the County Administrator to execute agreements under certain conditions . COMPANION TO Item 015 Approval of Revised Monroe County Purchasing Policies and Procedures Manual. Mayor Kolhage requested that certain language be inserted in the policies and procedures pertaining to the qualifications and requirements of the designee. Christine Limbert- Barrows; Assistant County Attorney addressed the Board explaining the language "must be incompliance with Chapter 12 ". Bob Shillinger; County Attorney stated that language will be inserted when it comes back for public hearing. Mayor Kolhage with that statement being said moved to approve and seconded by Commissioner Rice. Motion was approved unanimously. Page 32 of 33 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SEPTEMBER 16, 2015 There being no further business, the meeting of the Board of County Commissioners was ADJOURNED. CPA/ k to the Monroe County, FL WCounty Commissioners By: Cheryl Robertson Executive Aide/Deputy Clerk Page 33 of 33 2 r+ M;X c'7 oz o O cn Page 33 of 33