08/17/2016 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
AUGUST 17, 2016
Regular Meeting
Board of County Commissioners
Wednesday, August 17, 2016
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
Danny Kolhage, Commissioner Sylvia Murphy, Commissioner George Neugent, Commissioner
David Rice, and Mayor Heather Carruthers. Also present at the meeting were Bob Shillinger,
County Attorney; Roman Gastesi, County Administrator; Cheryl Robertson, Deputy Clerk;
county staff and members of the general public.
Mayor Carruthers requested the Board to formally recognize Gary Dunnick, who recently
retired from the Florida Highway Patrol for his outstanding service to this County and also
Commissioner Kolhage requested his recognition be made by way of a resolution at the Sept.
21 st meeting in Key Largo or a meeting location most convenient for him.
ADDITIONS, CORRECTION, DELETIONS
Item A.1 Approval of agenda. A copy of the approved changes is attached at the end of
these minutes for reference.
RESULT: Approved [UNANIMOUS] Agenda Item A.1
MOVED THE AGENDA AS AMENDED: Danny Kolhage, Commissioner District 1
SECONDER: George Neugent, Mayor Pro Tem/Commissioner District 2
AYES: Carruthers, Neugent, Kolhage, Murphy, Rice
PRESENTATION OF AWARDS
Item B. No items submitted.
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
AUGUST 17, 2016
BULK APPROVALS
Commissioner Sylvia Murphy addressed the audience regarding the Rules of Bulk Approval's
items. Motion was made by Commissioner Murphy and seconded by Commissioner Neugent
granting approval of the following bulk items (C.1 through R.6). Motion passed unanimously.
Item C.1 Board granted approval of a Resolution of the Board of County Commissioners of
Monroe County, FL, approving the Local Housing Assistance Plan for Fiscal
Years 2016 - 2017/2017 - 2018/2018 -2019 as required by the State Housing
Initiatives Partnership Program Act, Subsections 420.907- 420.9079, Florida
Statutes; and Rule Chapter 67 -37, Florida Administrative Code; authorizing and
directing the Mayor to execute any necessary documents and certifications needed
by the state; authorizing the submission of the Local Housing Assistance Plan for
review and approval by the Florida Housing Finance Corporation; and providing
an effective date.
RESOLUTION #191 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item C.2 Board granted approval of Agreement with Evergreen Solutions, LLC in the
amount of $19,500 plus $3000 per in person meeting, to conduct a minimum
living wage analysis of $31,200/$15.00 an hour which will include determination
of issues that may arise with supervisory duties or compression of positions; what
needs to be done to fix those issues; cost for County implementation with variable
options; and publication of analysis.
Item CA Board granted approval to close Fund 172, Cudjoe- Sugarloaf MSTU, and instruct
the Clerk of the Court to transfer remaining residual funds (approximately $5.00
remains) To Fund 312, Cudjoe Regional Wastewater Project.
Item C.5 Board granted approval of 2016 Blue Options Benefit Booklet for Covered Plan
Participants of the Monroe County BOCC Group Health Plan (a.k.a. Plan
Document) applicable from January 1, 2016 through December 31, 2016.
Item C.6 Board granted approval of Ninth Amendment of Lease for Grantair Service, Inc.,
a Fixed Base Operator (FBO) at The Florida Keys Marathon International Airport.
The current lease terminates on April 9, 2028, however the FBO intends to invest
at least $1.5 million dollars in capital improvements to rebuild its hangar and
office space. If Grantair completes construction of the new terminal and office
space by April 9, 2028, then the termination date of the lease will be extended to
April 20, 2046. In addition the fuel flowage fee will increase from $0.06 to $0.10
per gallon which will result in approximately $24,000.00 additional fuel flowage
revenue.
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AUGUST 17, 2016
Item C.7 Board granted approval of Amendment to Lease between the Key West
International Airport and Last Chance Gifts, LLC extending the term of the
original lease for an additional five (5) years commencing October 1, 2016 and
expiring September 30, 2021 and approval to waive prior year credits and
arrearages.
Item C.9 Board granted ratification and approval of set proposed millage rate read at the
July 18th Special Budget meeting. There is a correction to the reading of the
rolled -back rate, the proposed millage rate, the percent above /below the rolled -
back rate that was certified to the Property Appraiser.
Item C.10 Board granted request for a special meeting to discuss the county health care plan
on Tuesday, September 6th at 2:00 P.M.
Item C.11 Board granted approval to renew the contract on a month to month basis with
UniFirst Corporation for the Division of Public Works uniform services, Monroe
County.
Item C.12 Board granted Issuance (renewal) of a Class A Emergency Medical Services
Certificate of Public Convenience and Necessity (COPCN) to Key Largo
Volunteer Ambulance Corps., Inc. (KLVAC) for the operation of an ALS
transport ambulance service.
Item C.13 Board granted approval to amend the existing contract with Buccaneer Courier to
remove one (1) stop at the request of the Department of Health.
Item C.16 Board granted Microsoft Volume License Agreement Renewal Approval of three
(3) year renewal term for Microsoft Volume License Agreement under State of
Florida Contract 4 252 - 001 -09 -1 from SHI International Corp. Total cost for 36
month term is $408,439.53 annual cost $136,146.51 yearly.
Item C.17 Board granted approval of invoice to purchase additional Microsoft licenses and
the first year of software assurance (maintenance).
Item C.18 Board granted Microsoft Renewal for Fire Rescue approval of a three (3) year
Microsoft Volume License Agreement under the State of Florida Contract 4 252-
001-09-1 from SHI International Corp. As provided in quotation 4 11957789 total
cost for 36 months $12,576.75 for an annual of $4,192.25 yearly.
Item C.20 Board granted ratification of Federally Funded Sub grant Weatherization
Assistance Program (WAP) Agreement 16WX- OG- 11 -54 -01 -039 between the
State of Florida, Department of Economic Opportunity (DEO) and County of
Monroe, Monroe County Board of County Commissioners (Monroe County
Social Services) for the period of April 1, 2016, through March 31, 2017, in the
amount of $70,207, to correct Page 28 per DEO's request.
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OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
AUGUST 17, 2016
Item C.21 Board granted approval of various resolutions for the transfer of funds and
resolutions for the receipt of unanticipated revenue. The said resolutions are
incorporated herein by reference.
Resolution #185 -2016 receipt of unanticipated funds for Fund 125
Resolution #186 -2016 receipt of unanticipated funds for Fund 304
Resolution #187 -2016 transfer of funds for Fund 001
Resolution #188 -2016 transfer of funds for Fund 207
Resolution #189 -2016 transfer of funds for Fund 001
Item C.22 Board granted approval of a Resolution approving Affordable Housing
Agreement with the Village of Islamorada for the Plantation Key Courthouse and
Detention Center Site Plan review process.
RESOLUTION #178 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item D.1 Board granted approval of an Agreement with Tinsley Advertising & Marketing,
Inc. To provide advertising services which promote tourism.
Item D.2 Board granted approval of an Agreement with Monroe Council of the Arts, d /b /a
Florida Keys Council of the Arts to supplement cost of tourist related programs.
Item D.3 Board granted approval of an agreement with Monroe Council of the Arts d /b /a
Florida Keys Council of the Arts to act as a Cultural Umbrella Organization to
make recommendations to the Monroe County TDC and BOCC on funding for
tourism related cultural activities.
Item DA Board granted approval of an Agreement with Florida Keys Fishing Tournaments,
Inc. to oversee the TDC Fishing Umbrella, and advisory committee to make
recommendations to the TDC and BOCC concerning funding for tourism related
fishing activities and marketing.
Item D.5 Board granted approval of the 2016 -2017 Monroe County Tourist Development
Council Marketing Plan.
Item D.6 Board granted approval of Amendment to Agreement with JDO Insights, Inc.
(d.b.a. Insights, Inc.) to provide Visitor Profile Services.
Item D.7 Board granted approval of one "At Large" appointment to the Tourist
Development Council District III Advisory Committee.
Item D.8 Board granted approval of one "At Large" appointment to the Tourist
Development Council District IV Advisory Committee.
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OF THE MONROE COUNTY
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AUGUST 17, 2016
Item H.1 Board granted approval of Grant Agreement No. 15085 (Agreement) between
Monroe County (County) and the Florida Fish and Wildlife Conservation
Commission (FWC) providing reimbursement funding to the County in an
amount not to exceed $70,278 for waterway marker replacements, in addition to
Boating Improvement Funds used for channel marker and regulatory marker (i.e.
waterway marker) maintenance.
Item L.1 Board granted approval of request for Expenditure from the Law Enforcement
Trust Fund.
$500.00 Florida Missing Children's Day 2016
Item M.2 Board granted approval of the appointment of Michelle Maxwell to the Career
Source South Florida Board of Directors.
Item M.3 Board granted approval of the reappointment of Rita Irwin to the Tourist
Development Council.
Item MA Board granted a resolution of the Board of County Commissioners of Monroe
County, 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 17, 2016.
RESOLUTION #177 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item M.5 Board granted appointment of Paula Joyner - Cunard to the KWIA Ad Hoc
Committee on Noise, replacing Amy Kehoe.
Item M.6 Board granted appointment of Tom Nelson to the KWIA Ad Hoc Committee on
Noise, replacing Robert Padron.
Item N.2 Board accepted Clerk's Report: (1) Fixed Asset Transfers - Informational Purpose
Only (2) Departmental Asset Inventory- Informational Purpose Only (3) FKAA
invoices for the fiscal year (to include salaries), relating to the Cudjoe Regional
Wastewater System Project. The invoices under $50,000 are being provided For
Information Only.
Item N.3 Board granted approval of Tourist Development Council expenses for the month
of July 2016.
Item NA Board granted approval of BOCC Warrants (Including Payroll) for the Month of
July 2016.
Item N.5 Board granted approval of FKAA Invoices $50,000 or over for the fiscal year (to
include salaries), relating to the Cudjoe Regional Wastewater System Project.
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OF THE MONROE COUNTY
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AUGUST 17, 2016
Item N.6 Board granted approval of Computer Fixed Asset Deletion Requests.
Item 0.2 Board granted authorization to advertise a Request for Qualifications (RFQ) for
on -call professional engineering services for canal and environmental services.
Item 0.3 Board authorized entering into Amendment No. 8 with Erin L. Deady, P.A. to
provide a no -cost extension of time by which the Pilot Roads Project and the
Green Keys! Sustainability Action Plan (Plan) will be completed.
Item 0.4 Board granted ratification of one small contract, Jacobs Project Management Co.
For $49,100.00, signed by The County Administrator.
Item 0.7 Board granted ratification of two (2) small contracts, Agreement with
Archaeological and Historical Conservancy, Inc. and the Amendment 1 to the
Agreement with Archaeological and Historical Conservancy, Inc. signed by the
County Administrator.
Item 0.9 Board granted approval of the Confidentiality Agreement required for State of
Florida Stan Mayfield Working Waterfront Grant Contract.
Item P.2 Board granted approval to proceed with litigation to compel the property owner,
George Secchiaroli, to comply with various county ordinances and correct the
code violations of Code Compliance Case CE11070030.
Item P.3 Board granted authorization to initiate litigation against Michael Yawt and the
property located at 49 Bahama Avenue and Poinciana Drive if necessary, Key
Largo, Florida, to seek compliance with the County Codes and enforce the liens
arising from code compliance case number(s) CE10100037 and CE15030049.
Item PA Board granted approval of Resolution requesting the Supervisor of Elections to
place referendum questions on the November 8, 2016 General Election Ballot in
order to determine if the electors of Duck Key support 1) the creation of a
Beautification and Improvement District that may replace the current Duck Key
Security District and 2) removal of the current special assessment cap on vacant
and improved lots.
RESOLUTION #151 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item R.1 Board granted ratification of Small Contract with Maverick United Elevator LLC
for complete elevator service maintenance on a month to month basis
commencing August 1, 2016, for a period not to exceed 6 months pending award
of contract following Request for Proposal solicitation.
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OF THE MONROE COUNTY
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AUGUST 17, 2016
Item R.2 Board authorized a contract with Parsons Engineering, Inc. in an amount not to
exceed $33,680.00 to provide professional consulting services to assist the County
with evaluating our LiDar elevation data mapping needs and preparing a
solicitation for LiDar elevation data.
Item R.6 Board granted approval of an Inter local Agreement between Monroe County and
Miami -Dade County creating the South Florida Workforce Investment Board for
Region 23 of the State of Florida.
Following approval of the Bulk Approvals, Mayor Carruthers recognized Rick Beasley with the
South Florida Workforce Board who addressed the Board. Mayor Carruthers also recognized
Karen Thurman and Michelle Maxwell. Sheriff Rick Ramsay then addressed the Board
regarding the coordination and united efforts of the South Florida Workforce Board and the
Sheriffs Office.
NON -BULK APPROVALS
Item C.3 Approval of a Resolution to amend the Personnel Policies and Procedures Manual
to increase the time in which two employees may fill the same budgeted position
from up to 30 days to up to six months for regular positions and up to one year for
department heads to allow for training during transitions; clarifies policy for paid
time off and membership fees for employees who participate in job related
organizations as members and officers; clarifies that departments may pay for job
related employee training in advance instead of employee being reimbursed;
authorizes a $1,500 ($125 per month) payment for employees obtaining a degree
beyond what is minimally required for the position but adds value to the
department; clarifies that incentive pay is calculated on top of salary and not
included in salary; clarifies that an employee must physically work over 40 hours
in order to get overtime in accordance with Department of Labor rules; adds
wording to include possible termination if employee pleads to an offense; and
adds wording to allow for purchase of travel insurance as previously approved by
the BOCC on June 15, 2016.
Theresa Aguiar, Division Director of Employee Services, set the stage.
This item was held by both Commissioner Murphy and Commissioner Kolhage.
Commissioner Kolhage expressed his concern that the double salary overlap period of one
year for Department Heads was excessive. Commissioner Murphy shared this concern and
also expressed her concern that the County time required following completion of a course
funded by the County was too short. Teresa Aguiar, Division Director of Employee
Services, responded to the Board's questions and concerns.
Mayor Carruthers moved to increase the required County employment period following
completion of County funded training from one year to two years. The motion was seconded
by Commissioner Murphy and approved with no objection.
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AUGUST 17, 2016
Mayor Carruthers then recognized Congressman Jose Curbelo who entered the meeting who
then addressed the Board. Congressman Curbelo updated the Board regarding legislative
efforts underway concerning funding for addressing the Zika virus and is hoping to have
legislative action/funding by September. Congressman Curbelo also updated the Board
regarding his shared concerns and current efforts at the state level regarding funding and
other legislative efforts regarding the Florida Bay.
Roman Gastesi, County Administrator, responded to Mayor Carruthers's concern of the
necessity of one year. It was further stated six months is sufficient and the county would be
fine with that.
Following additional discussion, Commissioner Murphy moved to decrease the double - salary
overlap period from one year to thirty days or six months. The motion was seconded by
Commissioner Neugent and approved with no objection.
Motion was then made by Commissioner Murphy to approve the revised policy presented to
include the revisions made to the policy at the meeting. The motion was seconded by
Commissioner Kolhage and passed with no objection.
RESOLUTION #149 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item C.8 Approval to Reject Lowest Bidder Pedro Falcon Electrical Contractors for the
Stock Island Fire Station HVAC Improvements in the amount of $37,129.00 due
to discrepancies on other county projects. Requesting approval to award contract
to second lowest bidder, Kenmar General Contracting, in the amount of
$62,500.00. Highest of the three bids was D L Porter Constructors for $78,163.00.
Project is paid for by the One Cent Infrastructure Sales Tax.
This item was held by Commissioner Kolhage who expressed his concern due to the large
discrepancy between the low bid and the other two bids received, whether it was staffs
determination that the project could not be done for the low bid amount and whether
performance issues by the low bidder on other projects played a role in staffs determination.
Assistant County Administrator Kevin Wilson, Project Management Director Doug Sposito
and Assistant County Attorney Chris Ambrosio addressed the Board to explain the events
leading up to this item and responded to the Board's concerns. At the suggestion of Kevin
Wilson, a motion was made by Commissioner Kolhage, and seconded by Commissioner
Rice, continuing this item to the Sept. 21st BOCC meeting to allow the low bidder additional
time to resolve any remaining performance issues on other projects and allow staff to further
assess the validity of the low bid. The motion passed with no objection.
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AUGUST 17, 2016
Item C.14 Approval of an amendment to the Edward Byrne Memorial Justice Assistance
Grant Program Funds Agreement with Guidance /Care Center revising Section 5:
Standard Conditions of Attachment B.
Item C.15 Approval of a Resolution authorizing submission of the FDLE Edward Byrne
Memorial Justice Assistance Grant applications for funding as recommended by
the Substance Abuse Policy Advisory Board (SAPAB) at is upcoming meeting on
August 22, 2016, and approval to authorize the Mayor to execute acceptance of
award and related documents, and to execute the Edward Byrne Memorial Justice
Assistance Grant (JAG) funding distribution letter with the Florida Department of
Law Enforcement (FDLE) for fiscal year 2016 -2017 (Oct. 1, 2016 through Sept.
30, 2017) whereby Monroe County agrees to the distribution of $76,979 in
program funds in the County. Due to submission deadlines, the recommendations
will be ratified by the Board at a later meeting.
RESOLUTION #150 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item C.19 Approval for the Substance Abuse Policy Advisory Board (SAPAB) to also serve
as the Planning Council and approval to add to the membership of the SAPAB in
order to meet the statutory requirements of F.S. 394.657. The Florida Department
of Children and Families Office of Substance Abuse and Mental Health has
modified the Criminal Justice, Mental Health and Substance Abuse (CJMHSA)
Reinvestment Grant (Program) to allow for not - for -profit community providers
designated by the County's Planning Council to apply for a Planning,
Implementation or Expansion Grant. The Guidance Care Center (GCC), as a not -
for -profit community provider, has approached County staff in order to be
designated to apply for grant funding under this Program.
Commissioner Carruthers requested C14, C15 and C19 to be heard together. County
Attorney Bob Shillinger identified and read the items into the record. A motion was made by
Commissioner Kolhage, and seconded by Commissioner Murphy to approve C14, C15 and
C19.
A Roll-Call was taken by the Clerk with the following results for all three items:
Commissioner Kolhage
Commissioner Murphy
Commissioner Neugent
Commissioner Rice
Mayor Carruthers
Yes
Yes
Yes
Abstain, Voting Conflict
Yes
Motion Carried for all three items C 14, C 15, and C 19.
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OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
AUGUST 17, 2016
STAFF AND ADVISORY COMMITTEE REPORTS
AUGUST 17, 2016
AGENDA ITEM # E
Christine Hurley — Growth Management
YES
NO
Lisa Tennyson — Intergovernmental Affairs
YES
NO
Kevin Wilson — Engineering /Public Works
YES
NO
Don Degraw — Airports
YES
NO
Tina Boan — Office of Management /Budget
YES
NO
Alan MacEachern — IT Director
YES
NO
Rhonda Haag — Sustainability Coordinator
YES
NO
Teresa Aguiar — Human Resource Director
YES
NO
James Callahan- Fire Chief/Division Director (EMS)
YES
NO
Climate Change Advisory Committee Report
YES
NO
Christine Hurley, Assistant County Administrator, provided a brief update of vacation rental
enforcements and out lined some items that staff is working on internally with the assistance of
legal as well as an area concerning realtor license issue and their duty to disclose /report renting
in IS zone and possible legal action by the County for failure to disclose /report. Commissioner
Kolhage expressed his concern on the legalities and resulting effectiveness and liability to the
County if pursued and also inquired if these efforts would extend to online rental agencies.
Direction was provided for Christine Hurley to research areas of concerns and actual action
proposed by staff and bring item back to the BOCC at a future meeting.
Don DeGraw, Director of Airports, addressed the Board announcing that an agreement had been
negotiated with United Airlines to commence flights out of the Florida Keys /Key West
International Airport to Chicago and New Jersey. Don DeGraw explained, and also presented a
slide presentation, providing details of the negotiated agreement for implementation of this air
service by United Airlines and requested Board's approval of the following three (3) items:
1) The Agreement for United Airlines to operate out of Florida Keys Key West International
Airport.
2) The EYW Air Service Development Incentive Program 2016 -2017.
3) Waiver of fees for United to operate at Florida Keys /Key West International Airport for the
first 12 months of air service.
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Following discussion by the Board, Mayor Pro Tern George Neugent moved to approve all three
(3) items which was seconded by Commissioner Kolhage. The motion was approved
unanimously with no objection.
Doug Sposito, Director of Facilities & Project Management, addressed the Board with several
updates. First, staff has been working very diligently with the University of Florida Extension
Services and developed Zika Workshops which start today throughout Monroe County beginning
with Key Largo (Wednesday), Marathon (Thursday), and Key West (Friday) until next week and
second the status of Bernstein Park's Renovation/Construction. Mayor Carruthers spoke about
an incident that happened this past Sunday concerning Bernstein Park regarding a sewage
problem with Key West Resort Utilities responsiveness. Kevin Wilson was aware of the
Bernstein Park situation and did make contact with Key West Resort Utilities but will speak to
them again this week regarding the details of the incident and timely responsiveness and if
anything unusual, will bring back before the Board. Doug Sposito will be providing to the Board
every month an update on a particular project or a particular aspect of the county relating to
Project Management & Facilities. Mr. Sposito provided an overview to the Board of the county
owned public boat ramps. Following Commissioner Kolhage's question and suggestion, Staff
will look into the co- locating of Kayaks when improving the lunching areas of these boat ramps.
A quick update of the swimming hole provided as well as the realignment of Atlantic Blvd. &
Higgs Beach.
FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS
Item G. No items submitted.
PLANNING AND ENVIRONMENTAL, BUILDING AND CODE COMPLIANCE
DEPARTMENTS
Item L1 Discussion of the Florida Fish and Wildlife Conservation Commission (FWC)
Pilot Program for Anchoring and Mooring (Pilot Program), including a summary
of the recent FWC workshop on the results of the Pilot Program to date, and
direction regarding Monroe County's recommendations beyond the July 1, 2017
expiration date of the Pilot Program. Rich Jones, Sr. Administrator; Marine
Resources, sets the stage for discussion and direction of the FWC Pilot Program.
The motion is the direction for the items mentioned in the letter from the Mayor. Motion to
accept staff recommendations and approval for Mayor to sign letter to FWC was made by
Commissioner Neugent and seconded by Commissioner Kolhage. The motion passed with
no objection.
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AUGUST 17, 2016
RESULT: APPROVED [UNANIMOUS] Agenda Item I.1
MOVER: George Neugent, Mayor Pro Tem/Commissioner District 2
SECONDER: Danny Kolhage, Commissioner District 1
AYES: Carruthers, Neugent, Kolhage, Murphy, Rice
Item L2 Presentation and discussion of Affordable Housing Advisory Committee (AHAC)
Resolution 01 -2016, adopted by the AHAC on July 22, 2016, for the Monroe
County Board of County Commissioners to consider 33 recommendations to
facilitate the provision of workforce housing and provide staff direction on which
recommendations to evaluate and complete.
Items I2, I3, and I4 were heard together but the bulk of I2 to be heard at a future workshop.
Mayte Santamaria, Senior Director of Planning & Environmental Resources addressed the
Board and reviewed the agenda backup for Item I2 as a slide presentation during discussion
at the meeting. Don Whitehead representing Key West Wicker Guest House postponed the
opportunity to speak as a public speaker for I2, I3, & I4. Following discussion, direction was
provided to staff on Item I2. Motion was then made by Commissioner Neugent to approve
Items I3 and I4 and seconded by Commissioner Rice. The motion was approved with no
objection. Mrs. Santamaria explained as well the RFP portion for county owned land for
affordable housing. Discussion held by the Commissioners. Ed Swift addressed the Board
as a public speaker. Staff has direction to start to work on bids /RFPs.
Item L3 Approval of a contract with RRC Associates to (1) conduct a data -based survey of
employers located in the unincorporated and incorporated parts of Monroe County
to verify the employment patterns and the building floor area used for
nonresidential development, and to (2) prepare the prototypical
workforce /affordable housing unit(s), including size ranges, building materials
and costs of construction, to be utilized by the County for the adoption of
inclusionary housing requirements to address nonresidential and transient
development; for a fixed price, not -to- exceed contract of $49,171.00.
Motion to approve Items I3 and I4 was made by Commissioner Neugent and seconded by
Commissioner Rice. The motion passed with no objection.
RESULT: APPROVED [UNANIMOUS] Agendas Item I.3
MOVER: George Neugent, Mayor Pro Tem/Commissioner District 2
SECONDER: David Rice, Commissioner District 4
AYES: Carruthers, Neugent, Kolhage, Murphy, Rice
Item L4 Approval of a contract with Clarion Associates to prepare a Support Study
providing the technical support (data & methodology to determine need) for a
workforce/ affordable housing mitigation program for nonresidential development
and redevelopment (expansions and remodels), to be utilized by the County for
the adoption of inclusionary housing requirements to address nonresidential and
transient development; for a fixed price, not -to- exceed contract of $49,365.00.
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Motion to approve Items I3 and I4 was made by Commissioner Neugent and seconded by
Commissioner Rice. The motion passed with no objection.
RESULT: APPROVED [UNANIMOUS] Agenda Item I.4
MOVER: George Neugent, Mayor Pro Tem/Commissioner District 2
SECONDER: David Rice, Commissioner District 4
AYES: Carruthers, Neugent, Kolhage, Murphy, Rice
Item L5 Discussion regarding the Keys -wide Mobile Vessel Pumpout Service (Pumpout
Service), consideration for charging customers of the service, and direction
regarding State funding which is available for the next year for the Pumpout
Service. Rich Jones, Sr. Administrator; Marine Resources, sets the stage for
Agenda Items L5 and L6.
Motion was made by Commissioner Rice, and seconded by Commissioner Murphy, to
approve staff recommendation on Item I5 and approval of I6 and I7. Commissioner Kolhage
requested an amendment to the motion to also include approval of Item I8 in the motion
which was accepted by Mover Commissioner Rice. There were no public speakers. The
motion passed with no objection.
RESULT:
APPROVED [UNANIMOUS] Agenda Item I.5
MOVER:
David Rice, Commissioner District 4
SECONDER:
Sylvia Murphy, Commissioner District 5
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
Item L6 Approval of Department of Environmental Protection (DEP) Contract No.MV-
205 between Monroe County (County) and the DEP providing $500,000 in
reimbursement funding to the County to assist with funding the County's Mobile
Vessel Pumpout Service (Pumpout Service) for one year of operation from July 1,
2016 through June 30, 2017.
Motion was made by Commissioner Rice, and seconded by Commissioner Murphy, to
approve staff recommendation on Item I5 and approval of I6 and I7. Commissioner Kolhage
requested an amendment to the motion to also include approval of Item I8 in the motion
which was accepted by Mover Commissioner Rice. There were no public speakers. The
motion passed with no objection.
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AUGUST 17, 2016
RESULT:
APPROVED [UNANIMOUS] Agenda Item I.6
MOVER:
David Rice, Commissioner District 4
SECONDER:
Sylvia Murphy, Commissioner District 5
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
Item L7 Approval of Agreement No. MV -204 between Monroe County (County) and the
Florida Department of Environmental Protection (DEP) Clean Vessel Act (CVA)
Program providing $172,350 in grant reimbursement funding to the County to
assist with funding the County's Mobile Vessel Pumpout Service (Pumpout
Service) for one year of operation from July 1, 2016 through June 30, 2017.
Motion was made by Commissioner Rice, and seconded by Commissioner Murphy, to
approve staff recommendation on Item I5 and approval of I6 and I7. Commissioner Kolhage
requested an amendment to the motion to also include approval of Item I8 in the motion
which was accepted by Mover Commissioner Rice. There were no public speakers. The
motion passed with no objection.
RESULT:
APPROVED [UNANIMOUS] Agenda Item I.7
MOVER:
David Rice, Commissioner District 4
SECONDER:
Sylvia Murphy, Commissioner District 5
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
Item L8 Approval of Amendment No.7 to the Agreement (Amended Agreement or
Agreement) between Monroe County (County) and Pumpout USA, Inc.
(Contractor) for Keys -Wide Mobile Vessel Pumpout Service (Pumpout Service),
to: 1) be contingent upon sufficient funding sources and levels required (but
deleting certain specified funding sources and amounts), 2) providing for the term
of the Agreement from July 1, 2016 through June 30, 2017, 3) and clarifying that
additional term extensions are provided for through December 31, 2018 in
keeping with the original term provisions of six total years of Pumpout Service
(two years with the original contract with provision for two additional two year
terms).
Motion was made by Commissioner Rice, and seconded by Commissioner Murphy, to
approve staff recommendation on Item I5 and approval of I6 and I7. Commissioner Kolhage
requested an amendment to the motion to also include approval of Item I8 in the motion
which was accepted by Mover Commissioner Rice. There were no public speakers. The
motion passed with no objection.
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AUGUST 17, 2016
RESULT:
APPROVED [UNANIMOUS] Agenda Item I.8
MOVER:
David Rice, Commissioner District 4
SECONDER:
Sylvia Murphy, Commissioner District 5
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
CLOSED SESSION
Item J.1 Attorney -Client Closed Session in the case of Delaney et al. v. FKAA and
Monroe County, 16th Judicial Circuit Case No. CA -K -16 -439.
At the request of the County Attorney, motion was made by Commissioner Kolhage and
seconded by Commissioner Murphy to continue the Closed Session to the Sept. 21st BOCC
meeting in Key Largo at 1:30 p.m. or as soon thereafter as may be heard.
RESULT:
TABLED [4 TO 0] Agenda Item J.1 Next: 9/21/2016 9:00 AM
MOVER:
Danny Kolhage, Commissioner District 1
SECONDER:
Sylvia Murphy, Commissioner District 5
AYES:
Neugent, Kolhage, Murphy, Rice
NOT PRESENT:
Carruthers
Item J.2 An Attorney- Client Closed Session in the matter of Monroe County v. Zamindari
Investments, Inc., Aqua Ranch, Inc., Charles Barra as Officer for Aqua Ranch,
Inc., and Kristin Kurtz as Officer for Aqua Ranch, Inc., Circuit Court Case No.
CA -M -14 -165.
At the request of the County Attorney, motion was made by Commissioner Kolhage and
seconded by Commissioner Murphy to continue the Closed Session to the Sept. 21st BOCC
meeting in Key Largo at 1:30 p.m. or as soon thereafter as may be heard.
RESULT:
TABLED [4 TO 0] Agenda Item J.2 Next: 9/21/2016 9:00 AM
MOVER:
Danny Kolhage, Commissioner District 1
SECONDER:
Sylvia Murphy, Commissioner District 5
AYES:
Neugent, Kolhage, Murphy, Rice
NOT PRESENT:
Carruthers
Item J.3 An Attorney- Client Closed Session in the matter of KW Resort Utilities Rate
Application, Florida Public Service Commission Docket No. 150071 -SU.
At the request of the County Attorney, motion was made by Commissioner Murphy and
seconded by Commissioner Rice to continue the Closed Session to the Sept. 8th BOCC
Special Meeting in Marathon to begin at 4:00 p.m. or as soon thereafter as may be heard,
and prior to the already scheduled 5:05 Budget Public Hearing.
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AUGUST 17, 2016
RESULT:
TABLED [4 TO 0] Agenda Item J.3 Next: 9/8/2016 4:00 PM
MOVER:
Sylvia Murphy, Commissioner District 5
SECONDER:
David Rice, Commissioner District 4
AYES:
Neugent, Kolhage, Murphy, Rice
NOT PRESENT:
Carruthers
WASTEWATER ISSUES
Item K. 1 Presentation of Cudjoe Regional Wastewater System Project Status and Schedule.
Kevin Wilson, Assistant County Administrator, updated the Board on the Cudjoe Regional
Wastewater System Project and provided a slide presentation regarding the finances and
construction. Mr. Wilson was followed by Kirk Zuelch, Executive Director of the Florida
Keys Aqueduct Authority.
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AUGUST 17, 2016
COMMISSIONERS' ITEMS
Item M.1 Approval of a Resolution of the Board of County Commissioners of Monroe
County directing the Supervisor of Elections to place a non - binding question on
the November 2016 general election ballot regarding support for legislation to
authorize the imposition of a sales surtax on tobacco and served alcohol sales
throughout Monroe County where the proceeds could only be used to fund and
increase services to meet unmet needs for veterans, seniors, children, disabled,
and other vulnerable residents and to offset costs currently funded by property
taxes. The item was preference by Mayor Carruthers to the Board as well as to
the audience.
The following public speakers addressed the Board: Mary Williams representing Early
Learning Coalition of Miami Dade /Monroe, Stephanie Kaple, James Mantell, Dan
Dombroski representing Boys & Girls Club; Diana Flenard representing MARC Inc. Kerry
Foote representing Burton Memorial UMC (United Way of the Florida Keys), Kim Romano
representing Womankind, and Myla DeMier. Bob Eadie, Administrator of the Monroe
County Health Department, addressed the Board. Following discussion, a Motion was made
by Commissioner Rice, and seconded by Commissioner Kolhage, requesting staff to come
back with a recommendation of a mechanism to establish goals & identify unmet needs
across the system including investigating the mechanism of a trust as one option.
A Roll-Call was taken by the Clerk with the following results:
Commissioner Kolhage
Yes
Commissioner Murphy
Yes
Commissioner Neugent
Yes
Commissioner Rice
Yes
Mayor Carruthers
Yes
Motion Carried.
COUNTY ADMINISTRATOR
Item 0.1 County Administrator Report
County Administrator Roman Gastesi referred the Board to his written report in the agenda
backup.
Item 0.5 Approval of Amendment No. 11 to the Contract for Engineering, Design and
Permitting Services of the Demonstration Projects, with AMEC Foster Wheeler
Environment and Infrastructure, Inc. to provide design, permitting, and
procurement services related to the Air Curtain for the original demo canal 4290
in Big Pine Key and assist with the preparation for the September 8, 2016 BOCC
Canal Financing Special Meeting in an amount not to exceed $27,474.90.
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AUGUST 17, 2016
This item was held by Commissioner Kolhage who stated he held the item to record his "no"
vote because, as he indicated when reluctantly approving the last amendment, he will not
approve any more amendments to this contract until it has been put out to a RFP. A motion
was made by Commissioner Murphy to approve the item and seconded by Commissioner
Rice with Commissioner Kolhage voting against the item. Mayor Carruthers was not
present.
A Roll-Call was taken by the Clerk with the following results:
Commissioner Kolhage No
Commissioner Murphy Yes
Commissioner Rice Yes
Mayor Pro Tem Neugent Yes
Motion Carried.
Item 0.6 Approval of an Agreement with Anfield Consulting for professional consulting
services representing the County's state legislative interests and advocating for the
County's position on various legislative priorities and issues as approved by the
BOCC and assigned by the County Administrator.
This item was held by Commissioner Kolhage to record his vote against this item due to a
possible conflict with the consulting firm's representation of the opposition on the Big Sugar
issue. Following discussion, it was agreed the item would be withdrawn from the agenda to
allow the County Administrator time to consult with the consulting firm to confirm no
conflict existed that would detrimentally affect the County's efforts and best interests. The
County Administrator will place this item on the next available agenda to update the Board.
RESULT: WITHDRAWN /NO ACTION TODAY (Agenda Item 0.6)
Item 0.8 A brief overview of the County's Management of Zika with an emphasis on
utilizing the National Incident Management System to ensure an efficient and
effective response through coordination and communication utilizing ICS
processes.
Marty Senterfitt, Director of Emergency Management, provides an overview what is being
done. 0-8 Presentation by Michael Doyle, Director of the Florida Keys Mosquito Control
District. Bob Eadie, Administrator of the Monroe County Health Department, elaborated
further on the Zika Virus. Kathlyn Waltkins, Myla DeMier, and Meagan Hull addressed the
Board as public speakers. At Mayor Carruthers' request, the Zika related R -5 item was heard
immediately following Mr. Doyle's slide presentation updating the Board on the history and
current efforts across the country and in Monroe County regarding the Zika Virus. Mr.
Doyle also discussed the coordinated efforts with the County outlined in the ILA being
presented for approval by the Board.
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AUGUST 17, 2016
COUNTY ATTORNEY
Item P.1 County Attorney Written Report August 2016
County Attorney introduced Assistant County Attorney Renee Rogers who recently began
her employment with Monroe County.
County Attorney Bob Shillinger read a script into the record requesting a closed session in
the matter of Thomas F. Collins, et al. v. Monroe County, v. State of Florida, CAM -04 -379,
Sixteenth Judicial Circuit, and Monroe County, Florida on September 21, 2016 at 1:30 p.m.
or as soon thereafter may be heard. Commissioner Murphy moved to approve the request for
closed session, seconded by Commissioner Rice, and approved with no objection. Mayor
Carruthers was not present.
PUBLIC HEARINGS
Item Q.1 A public hearing to consider an ordinance creating Sections 23 -43 through 23 -47
of the Monroe County Code, to provide a reduction in assessed value for
construction or reconstruction of homesteaded property completed after January
7, 2003 for the purpose of providing living quarters for parents or grandparents of
property owners, pursuant to FS 193.703 and the 2002 amendment to the Florida
Constitution known as the "Granny Flats" Amendment.
Motion to approve was initially made by Commissioner Murphy and seconded by
Commissioner Rice prior to public speaker Deb Curlee addressing the Board with her
concerns. Property Appraiser Scott Russell addressed the Board to respond to the concerns
expressed by the speaker and the Board and followed by Assistant County Attorney Cynthia
Hall. Following discussion, the Board directed staff to coordinate with the Property
Appraiser as needed to address the concerns discussed and bring the item back to the Board
with answers addressing the concerns discussed. Commissioner Murphy withdrew her
motion to approve. A motion was made by Commissioner Kolhage to continue the public
hearing to October 19th and seconded by Commissioner Murphy. The motion was approved
with no objection. Mayor Carruthers was not present.
RESULT:
TABLED [4 TO 0] Agenda Item Q.1 Next: 10/19/2016 9:00 AM
MOVER:
Danny Kolhage, Commissioner District 1
SECONDER:
Sylvia Murphy, Commissioner District 5
AYES:
Neugent, Kolhage, Murphy, Rice
NOT PRESENT:
Carruthers
Item Q.2 Approval of a resolution renouncing and disclaiming any right of the County and
the public in and to a portion of the right -of -way of Ed Swift Road, in a part of
Government Lot 2, Township 67 South, Range 26 East, on Big Coppitt Key,
Monroe County, Florida.
RESOLUTION #158 -2016 IS INCORPORATED HEREIN BY REFERENCE
8/17/2016 Page 19
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OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
AUGUST 17, 2016
RESULT:
APPROVED [4 TO 0] Agenda Item Q.2 Resolution #158 -2016
MOVER:
Sylvia Murphy, Commissioner District 5
SECONDER:
David Rice, Commissioner District 4
AYES:
Neugent, Kolhage, Murphy, Rice
NOT PRESENT:
Carruthers
Item Q.3 An ordinance by the Monroe County Board of County Commissioners to defer the
approval of applications 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), commencing August 17, 2016, until such time as a
land development code amendment process as called for in Policy 102.6.1 of the
2030 Comprehensive Plan is completed regarding offshore islands and providing
for expiration within 365 days of the effective date of this interim development
ordinance or when the land development code amendments become effective,
whichever comes first, providing for severability; providing for transmittal to the
State Land Planning Agency and the Secretary of State; providing for an effective
date.
The following public speakers addressed the Board: Bart Smith representing FEB Corp and
Deb Curlee.
ORDINANCE #025 -2016 IS INCORPORATED HEREIN BY REFERENCE
RESULT:
APPROVED [4 TO 0] Agenda Item Q.3 Ordinance #025 -2016
MOVER:
Sylvia Murphy, Commissioner District 5
SECONDER:
David Rice, Commissioner District 4
AYES:
Neugent, Kolhage, Murphy, Rice
NOT PRESENT:
Carruthers
Item Q.4 A public hearing to consider a resolution by the BOCC to amend Resolution #
118 - 2015, the Planning & Environmental Resources Fee Schedule, to: amend the
fee schedule to include new application requirements as adopted by the 2030
Comprehensive Plan and the new Land Development Code (including concept
meetings, BOCC impact meetings, community meetings, additional noticing and
staff facilitation of meetings); to establish fees for an inclusionary housing
alternative compliance application; to establish fees for a map designation
verification application; to establish fees for a platting lot line adjustment
application; to establish fees for a temporary non - emergency housing application;
to round all proposed and current fees to the nearest tenth to eliminate and reduce
payment errors; and to repeal any other fee schedules inconsistent herewith.
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AUGUST 17, 2016
Public speaker Mitchell Harvey addressed the Board requesting the public hearing be tabled.
Mayte Santamaria, Senior Director of Planning & Environmental Resources addressed the
Board regarding the proposed fees.
RESOLUTION #152 -2016 IS INCORPORATED HEREIN BY REFERENCE
RESULT:
APPROVED [4 TO 0] Agenda Item Q.4 Resolution #152 -2016
MOVER:
Sylvia Murphy, Commissioner District 5
SECONDER:
David Rice, Commissioner District 4
AYES:
Neugent, Kolhage, Murphy, Rice
NOT PRESENT:
Carruthers
Item Q.5 A Public Hearing to consider approval of a resolution for Budget Amendments for
Fiscal Year 2016 for the Big Coppitt Wastewater Project, Fund 310; Duck Key
Wastewater Project, Fund 311; and Card Sound Bridge, Fund 401. No public
speakers.
RESULT:
APPROVED [4 TO 0] Agenda Item Q.5 Resolution #190 -2016
MOVER:
Sylvia Murphy, Commissioner District 5
SECONDER:
Danny Kolhage, Commissioner District 1
AYES:
Neugent, Kolhage, Murphy, Rice
NOT PRESENT:
Carruthers
RESOLUTION #190 -2016 IS INCORPORATED HEREIN BY REFERENCE
ADD ONS
Item R.3 Discussion and direction regarding possible negotiation of extension of contract
with the Medical Examiner.
Assistant County Attorney Cynthia Hall addressed the Board seeking direction concerning
the contract with the Medical Examiner and the Medical Examiner re- appointment process.
Ms. Hall confirmed any extension of the contract would be contingent on re- appointment by
the Governor. The Board recommended that any extension of the contract include the
Clerk's Audit recommendations.
Item R.4 Request to hold an Attorney -Client Closed Session in the matter of Denenberg v.
Marine Mammal Conservancy, Inc., et al., Circuit Court Case 14 -CA -364 -P at the
regularly scheduled BOCC meeting on September 21, 2016 in Key Largo at 1:30
p.m. or as soon thereafter as may be heard.
County Attorney Bob Shillinger read the script into the record requesting a Closed Session
for 4:00 p.m., or as soon thereafter as may be heard, at the September 8, 2016 BOCC special
meeting in Marathon, FL in the matter of Denenberg v. Marine Mammal Conservancy, Inc.,
et al., Circuit Court Case 14 -CA- 364 -P.
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AUGUST 17, 2016
RESULT:
APPROVED [4 TO 0] Agenda Item R.4
MOVER:
David Rice, Commissioner District 4
SECONDER:
Danny Kolhage, Commissioner District 1
AYES:
Neugent, Kolhage, Murphy, Rice
NOT PRESENT:
Carruthers
Item R.5 Approval of inter local agreement with the Monroe County Mosquito Control
District to provide county employees to supplement the District's workforce on a
temporary, as needed basis.
At the request of Mayor Carruthers, this item was heard with related presentation Item 0-8.
Following the 0-8 presentation by the Florida Keys Mosquito Control, a motion to approve
the R -5 Inter local Agreement was made by Commissioner Murphy and seconded by
Commissioner Kolhage which passed with no objection.
RESULT:
APPROVED [UNANIMOUS] Agenda Item R.5
MOVER:
Sylvia Murphy, Commissioner District 5
SECONDER:
Danny Kolhage, Commissioner District 1
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
8/17/2016 Page 22
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AUGUST 17, 2016
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
8/17/2016 Page 23