12/14/2016 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
DECEMBER 14, 2016
Regular Meeting
Board of County Commissioners
Wednesday, December 14, 2016
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 Center. Present and answering to roll call were
Commissioner Heather Carruthers, Commissioner Danny Kolhage, Commissioner Sylvia
Murphy, Commissioner David Rice, and Mayor George Neugent. 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.
ADDITIONS, CORRECTION, DELETIONS
Item A.1 Approval of agenda.
Following the reading of the Add Ons, Corrections and Deletions for those revisions that did
not appear on the Revised Agenda by Lindsey Ballard, Aide to the County Administrator,
Commissioner Danny Kolhage moved to approve the agenda, seconded by Commissioner
Sylvia Murphy.
RESULT:
ADOPTED [UNANIMOUS] Agenda Item A.l
MOVER:
Danny Kolhage, Commissioner District 1
SECONDER:
Sylvia Murphy, Commissioner District 5
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
PRESENTATION OF AWARDS
Item B.1 Monroe County (County) recognition of Pumpout USA for exemplary mobile
vessel pumpout service and pumping out its one millionth gallon of sewage from
the waters of the County, improving water quality.
Rich Jones, Marine Resources Coordinator, publicly recognized the efforts of Pumpout USA
and presented Captain Donnie Brown, President of Pumpout USA, with an award for
pumping out its one millionth gallon of sewage from Monroe County waters.
Item B.2 Presentation of a Proclamation with Recognition of December 21, 2016 as
National Homeless Persons Day in Monroe County.
Mayor George Neugent presented the National Homeless Persons Day Proclamation.
Item B.3 Presentation of Mayor's Proclamation observing January 7 -15, 2017 Week of
Peace in Monroe County.
Mayor George Neugent presented the Mayor's Proclamation observing January 7 -15, 2017
the "Week of Peace" in Monroe County.
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MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
DECEMBER 14, 2016
Item B.4 Presentation of a Proclamation declaring the week of January 15, 2017 through
January 21, 2017 as "Manny Madruga Week" in Monroe County, FL.
Mayor George Nuegent presented the Mayor's Proclamation observing the week of January
15 -21, 2017 as "Manny Madruga Week" in Monroe County. Monroe County State Attorney,
Catherine Vogel was the recipient of the Proclamation.
BULK APPROVALS
Commissioner Murphy addressed the audience regarding the Rules of Bulk Approval's items.
Motion was made by Commissioner Murphy and seconded by Commissioner Kolhage granting
approval of the following bulk items (C.1 through M.8). Motion passed unanimously.
Item C.1 Board granted approval of Second Renewal Amendment Agreement with Black
Fire Protection, Inc. For "Full Maintenance — Fire Protection Systems ". The
contract amount is adjusted by .7 %. The quarterly rate will be $4,364.73. This
Second Renewal Amendment will be retroactive to December 11, 2016, the term
commencement date.
Item C.2 Board granted approval of a Resolution authorizing an agent 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 #318 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item C.3 Board granted approval of a month to month renewal Agreement with Air
Mechanical & Service Corp. for a full maintenance program for the two
centrifugal chillers at Jackson Square.
Item CA Board granted approval to renew the current contract for gasoline and diesel fuel
on a month to month basis between Monroe County & Dion Fuels LLC.
Item C.5 Board granted approval of Amendment 1 to the contract with Kisinger Campo &
Associates, Corp. for engineering design and permitting services for the Garrison
Bight Bridge Repair Project. The Amendment adds a cultural resources
evaluation and a lead based paint survey to the scope of services for a lump sum
fee of $9,254.27. This design is funded by a local agency program (LAP) grant
agreement with Florida Department of Transportation (FDOT).
Item C.6 Board granted approval of a Second Amendment to Agreement with Little John
Engineering Associates, Inc. for additional design services at the Big Pine Key
swimming hole. $100,000.00 is funded by FDOT through the Transportation
Alternatives Program. $49,500.00 is paid for from the infrastructure tax.
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DECEMBER 14, 2016
Item C.7 Board granted approval of Change Order with Barracuda Builders, Inc. in the
amount of $43,515.00 for demolition and replacement of a door /store front at the
East Martello Tower. This is 100% funded through the Tourist Development
Council (TDC) Grant.
Item C.8 Board granted approval of Second Amendment to Administrative Services
Agreement between Blue Cross and Blue Shield of Florida and Monroe County
Board of County Commissioners to include Teladoc Services effective January 1,
2017 at an additional cost of $1 per employee per month through December 31,
2020, which is estimated to cost approximately $19,200 per year for four years
that equates to $76,800.
Item C.10 Board granted approval of First Amendment to contract with Garden of Eden of
the Florida Keys, Inc., for landscaping services at the Key West International
Airport. Increasing the hourly rate from $25 /hr to $25.18/hr. and increasing the
annual contract amount from $100,000 /yr. to $100,700 /yr. in accordance with
contract provisions for a annual CPI adjustment of 0.7 %.
Item C.11 Board approved receipt of monthly report on change orders reviewed by the
County Administrator's office.
Item C.12 Board granted approval of a task order for professional services with T.Y. Lin
International H/J Ross for the Higgs Beach re- nourishment above and below
mean high water line in the amount of $62,177.00. This is funded by the TDC.
Item C.13 Board granted approval of Change Order 41 for West Construction, Inc. For
Phase 2 and 3 of the Marathon Storage Hangars project at the Florida Keys
Marathon International Airport. Phase 2 and 3 includes Additive Bids 2, 3 & 4 in
the total amount of $1,340,329, which will complete the project. Funded by 80%
FDOT Grant ARK80 (Joint Participation Agreement 42) and 20% Airport
Operating Fund.
Item C.14 Board granted approval of Jacobs Project Management Company Amended Task
Order 412/14 -61(A) adding Phase 2 & 3 Construction Support Services in the
amount of $117,300 for the construction of 11 Storage Hangars at the Florida
Keys Marathon International Airport. This increases the total cost of Task Order
412/14 -61(A) from $135,250.00 to $252,550.00, to be paid from FDOT Grant
ARK80 (80 %) and Airport Operating Fund 403 (20 %).
Item C.15 Board granted approval of Fiscal Year 2017 Human Service Organization (HSO)
Agreement with the Domestic Abuse Shelter, Inc. (DAS
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DECEMBER 14, 2016
Item C.16 Board granted approval of an Agreement with SCS Engineers in the amount of
$33,183.00 to provide professional engineering services to assist Monroe County
with renewal of the Operational Permit for the Cudjoe Key Lined Landfill cells,
and prepare for the permanent closing of the site.
Item C.17 Board granted ratification and approval of State of Florida Department of
Transportation Joint Participation Agreement Number GOG88 providing funding
of $500,000.00 for Marathon Airport Car Wash Facility at the Florida Keys
Marathon International Airport. Total project cost up to $625,000.00 to be funded
by FDOT 80 %($500,000) and Marathon Airport operating funds 20% ($125,000).
Item C.18 Board granted ratification and approval of State of Florida Department of
Transportation Joint Participation Agreement Number GOE47 providing funding
of $700,000.00 for Key West Airport Essential Airport Equipment at the Key
West International Airport. Total project cost up to $1,400,000 to be funded
FDOT 50% ($700,000) and Key West Airport operating funds 50% ($700,000).
Item C.19 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 #316 -2016 transfer of funds for Fund 001, 158, & 403
Resolution #317 -2016 receipt of unanticipated funds for Fund 125
Item C.20 Board granted approval of Amendment to Agreement between GA Food Services,
Inc., and Monroe County Board of County Commissioners /Monroe County Social
Services/Nutrition Services (for the provision of Congregate and Home Delivered
Meals throughout Monroe County) for the CPI -U adjusted rate of 1.6% or $3.80
per meal, for a total grant funded contract amount of $231,573.28.
Item C.21 Board granted approval of Standard Contract # AA -1729, Older Americans Act
(OAA) between the Alliance for Aging, Inc., (AAA) and the Monroe County
Board of County Commissioners /Monroe County Social Services /In -Home
Services and Nutrition Programs for the contract period of 01/01/2017 through
12/31/2017 in the amount of $623,264.50.
Item C.22 Board granted approval to enter into negotiations with Littlejohn Engineering
Associates, Inc., an S &ME Company, for the design of Rowell's Waterfront Park.
This project is funded 100% by FDOT through the Transportation Alternatives
Program.
Item H.1 Board granted approval of Selectron contract amendment to upgrade server and
the Integrated Voice Response (IVR) application system in preparation for permit
expiration notification enhancement for $19,500.
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OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
DECEMBER 14, 2016
Item H.2 Board granted approval of Selectron contract amendment to add new
enhancement that will send notifications to permit holders to inform them of
upcoming expiration of issued permits for a cost of $30,000.
Item H.3 Board granted approval of SunGard contract amendment to add additional
licenses for concurrent users and redundancy /disaster recovery servers for $7,840.
Item HA Board granted approval of a resolution setting a public hearing for January 18,
2017, at the Marathon Government Center, Marathon to consider 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, at the SE corner of the intersection of
Atlantic Circle Drive and Tavern Drive, in a part of Government Lot 2, Section
34, Township 62 South, Range 38 East, on Tavernier Key, Monroe County,
Florida.
RESOLUTION #320 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item H.10 Board granted approval to rescind an Interlocal Agreement (ILA) between
Monroe County and City of Marathon transferring 32 low income and 4 very low
income (36 total) affordable housing ROGO allocations to the City of Marathon
for a project known as Anchorage Homes.
Item H.11 Board granted approval to rescind an Interlocal Agreement (ILA) between
Monroe County and City of Marathon transferring 41 low income and 5 very low
income (46 total) affordable housing ROGO allocations to the City of Marathon
for a project known as Vaca Bay Seniors (Beneficial Development LLC).
Item J.1 Board granted approval of Second Amendment to Contract for Law Enforcement
and Security Services at Key West International Airport.
Item K.1 Board granted approval to reappoint Sandra Higgs to the Human Services
Advisory Board.
Item K.2 Board granted approval to reappoint Bob Mock to the Parks and Recreation
Advisory Board.
Item K.3 Board granted approval to reinstate unused funds for the creation of a wind
insurance mitigation form specific for Monroe County in the amount of $30,000;
to be administered by Fair Insurance Rates in Monroe (FIRM).
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DECEMBER 14, 2016
Item L.1 Board approved the Clerk's Report: (1) Fixed assets transferred in the month of
October 2016 Informational Purpose Only. (2) Fixed assets retired in the month of
October 2016 Information 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. (4) 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 L.2 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.
Item L.3 Board granted approval of Tourist Development Council expenses for the month
of October 2016.
Item LA Board granted approval of BOCC Warrants (Including Payroll) for the Month of
Oct 2016.
Item M.3 Board granted approval to enter into Amendment No. 2 to EPA Canal Grant X7-
OOD40915 to provide grant funding to the County in the amount of $110,582.00
to partially fund the $170,921.75 cost of Phase IIIA of the Canal Management
Master Plan; and approve using $200,000 of the $1,524,040 cost of the canal 483
combination muck removal / backfilling project as a match for the grant.
Item MA Board granted approval to enter into a $0 on -call contract with Amec Foster
Wheeler, Inc. for canal masterplan program planning services. Potential Task
Orders to be provided in the future for master planning and related services.
Item M.5 Board granted approval to enter into a $127,611.75 Task Order No. 1 to the on
call contract With Amec Foster Wheeler, Inc. for Category A canal masterplan
program planning services to implement a $110,582 grant from EPA for
development of Phase IIIA of the canal master plan.
Item M.7 Board granted approval to negotiate an on -call contracts with Amec Foster
Wheeler, Inc. and Tetra Tech Inc, the two highest ranked respondents for canal
infrastructure engineering services.
Item M.8 Board granted ratification of one small contract with Douglas N. Higgins, Inc. in
the amount Of $43,643.09 signed by the County Administrator.
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DECEMBER 14, 2016
NON -BULK ITEMS
Item C.9 Adopt resolution creating a Health Plan Advisory Committee (HPAC) for 1 (one)
year to advise the County Commission on recommended changes to the health
insurance or prescription insurance benefits.
This item was held from Bulk Approvals by Commissioner Kolhage. Commissioner
Kolhage moved to approve the resolution with an amendment adding 1 additional retiree to
the Committee (from 1 to 2 retirees). The motion was seconded by Commissioner Murphy.
Motion unanimously approved.
RESOLUTION #319 -2016 IS INCORPORATED HEREIN BY REFERENCE
STAFF REPORTS
Lisa Tennyson, Legislative Affairs Director, provided a Legislative update and information
regarding advisory board meetings as well as the Constitution Revision Committee.
Kevin Wilson, Assistant County Administrator, @ 3:43 pm provided a couple of updates and
other significant happenings.
Chief Callahan provided an update regarding the Trauma Star and where we are right now. The
concern of Life Net leaving or pulling away was raised by Commissioner Rice. Roman Gastesi,
County Administrator, stated staff is planning to bring back to the board in January an item to
move forward if something doesn't work out with Life Net, the possibility of purchasing a third
helicopter.
ADJOURNMENT OF THE BOARD OF COUNTY COMMISSIONERS MEETING FOR
THE FIRE AND AMBULANCE DISTRICT 1 BOARD OF GOVERNOR'S BOARD
MEETING
FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS
Chair /Mayor George Neugent convened the Fire & Ambulance District 1 Board of Governors for
purposes of selecting the Board of Governors and officers. Bruce Halle, City of Layton, was
introduced as the newest member of the Board of Governors. Chairman Neugent noted that
Mayor Norm Anderson, member of the BOG was not in attendance at the meeting.
Present and answering to the Roll Call were Commissioner Danny Kolhage,
Commissioner /Chairman George Neugent, Commissioner David Rice, and Bruce Halle
running for Councilman.
Item No items submitted (until day of meeting).
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DECEMBER 14, 2016
Item F.1 ADD ON DAY OF MEETING: Election of the Board of Governors and officers.
(VERBAL ONLY -NO BACKUP)
A motion was made by Commissioner Rice to retain officers in their current positions,
seconded by Commissioner Kolhage. Motion was approved unanimously.
THE LOWER & MIDDLE KEYS FIRE & AMBULANCE DISTRICT BOARD OF
GOVERNORS ADJOURNED AND THE BOARD OF COUNTY COMMISSIONERS
RECONVENED
ENGINEERING
Item G.1 Presentation of the Florida Department of Transportation (FDOT) Tentative Five
Year Work Program for fiscal years 2017 -2018 through 2021 -2022. Chris
Rosenberg, FDOT District 6 Work Program Administrator, seeks the
Commission's concurrence on the 5 year work program for years 2018 -2022. Mr.
Rosenberg presented a FDOT presentation explaining the 5 Year Work Program.
Linda Johnson, FDOT District 6, addressed the Commission as a speaker. Public
speaker Stuart Schaffer representing Sugarloaf Shores Property Owners
Association addressed the Commission. Chris Rosenberg & Judith Clarke,
Director of Engineering, responded to Stuart Schaffer comments addressing that
issue. Commissioner Rice moved approval for the item, seconded by
Commissioner Kolhage. Motion unanimously approved.
PLANNING AND ENVIRONMENTAL, BUILDING AND CODE COMPLIANCE
DEPARTMENTS
Item H.5 Approval of an Interlocal Agreement (ILA) between Monroe County and City of
Marathon transferring 34 low income Affordable Housing ROGO Allocations
from Monroe County to the City of Marathon. This ILA is proposed by CB
Schmitt Real Estate Company, Inc., Callianasa Corp., Key Vaca LLC, Driftwood
LLC, and Twenty -Third Street LLC, requesting 34 affordable allocations in order
to deed restrict 34 units which are currently market rate units. This is not a low
income housing tax credit (LIHTC) project.
Agenda Items H.5, H.6, H.7, H.8, H.9, and Q.2 were asked by the Commission to
be called together.
Mayte Santamaria, Senior Director of Planning and Environmental Resources set
the stage. A Table was provided on the screen for the public as well as the
Commission listing a summary of requests that were before the Commission.
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DECEMBER 14, 2016
Chuck Lindsey City Manager of the City of Marathon, Michelle Coldiron Vice -
Mayor of the City of Marathon, George Garrettt City Planning Director of the
City of Marathon, Robby Majeska, Jose Romero representing HTG Crystal Cove
Resort, LLLP, Martin Flynn representing Keys Affordable Development III, LLC,
Barbara Mitchell representing Seaward Properties LLC, Peter Rosasco
representing Seaward Properties LLC, Bart Smith representing Rockland
Operations, and Brian Schmitt addressed the Board as public speakers.
Commissioner Carruthers moved approval for H.5, seconded by Commissioner
Rice.
A Roll-Call was taken by the Clerk with the following results:
Commissioner Carruthers
Yes
Commissioner Kolhage
No
Commissioner Murphy
No
Commissioner Rice
Yes
Mayor Neugent
Yes
Motion Carried.
After further discussion, Commissioner Rice motioned to reconsider item H.5
with an added condition, seconded by Commissioner Carruthers. Motion
unanimously approved.
A motion to approve H.5 with the added condition of sending 34 affordable
allocations from the county's allocations to the city as spelled out in the ILA in
the county. At least somewhere between 17 & 34 of those allocations, market rate
that are harvested off the receiver site can only be used in unincorporated Monroe
County and Mr. Schmitt, owner of those allocations, be directed to sell those
allocations to individuals.
Motion will include the transfer of market rate remain where they are located in
the lower keys sub area and to be approve by a minor conditional use.
Commissioner Rice moved approval, seconded by Commissioner Rice. Motion
unanimously approved.
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Item H.6 Approval of an Interlocal Agreement (ILA) between Monroe County and City of
Marathon transferring 23 low income, 3 very low income, and 20 moderate
income (46 total) Affordable Housing ROGO Allocations from Monroe County to
the City of Marathon. This ILA is proposed by HTG Crystal Cove Resort, LLLP,
for a project that proposes developing 46 new affordable housing units and is
applying for state low income housing tax credits (LIHTC).
Commissioner Carruthers moved approval for H.6, seconded by Commissioner
Murphy.
A Roll-Call was taken by the Clerk with the following results:
Commissioner Carruthers
Yes
Commissioner Kolhage
Yes
Commissioner Murphy
Yes
Commissioner Rice
Yes
Mayor Neugent
Yes
Motion Carried /ILA Approved.
Item H.7 Approval of an Interlocal Agreement (ILA) between Monroe County and City of
Marathon transferring 52 low income and 3 very low income (55 total) Affordable
Housing ROGO Allocations from Monroe County to the City of Marathon. This
ILA is proposed by Keys Affordable Development III, LLC, for a project that
proposes developing 55 new affordable housing units and is applying for state low
income housing tax credits (LIHTC).
Commissioner Carruthers moved approval for H.7, seconded by Commissioner
Rice. Motion unanimously approved (ILA Approved).
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Item H.8 Approval of an Interlocal Agreement (ILA) between Monroe County and City of
Marathon transferring 53 Affordable Housing ROGO Allocations from Monroe
County to the City of Marathon. Unit breakdown by income levels is expected to
be: 8 Very Low; 8 Low; 33 Median; and 4 Moderate. This ILA is proposed by
Seaward Properties Redevelopment. This is not a low income housing tax credit
(LIHTC) project.
Commissioner Rice moved approval for H.8, seconded by Mayor Neugent.
A Roll-Call was taken by the Clerk with the following results:
Commissioner Carruthers
No
Commissioner Kolhage
No
Commissioner Murphy
No
Commissioner Rice
Yes
Mayor Neugent
Yes
Motion Failed.
Mayor Neugent made an Appeal for reconsideration on H.8.
Item H.9 Approval of an Interlocal Agreement (ILA) between Monroe County and City of
Marathon transferring 30 Affordable Housing ROGO Allocations from Monroe
County to the City of Marathon. This ILA is proposed by the City of Marathon
(104th Street). Unit breakdown by income levels is expected to be: 2 Very Low;
24 Low and 4 Moderate. This is not a low income housing tax credit (LIHTC)
project.
Commissioner Rice moved approval for H.9 as drafted, seconded by Mayor
Neugent.
A Roll-Call was taken by the Clerk with the following results:
Commissioner Carruthers
No
Commissioner Kolhage
No
Commissioner Murphy
No
Commissioner Rice
Yes
Mayor Neugent
Yes
Motion Failed.
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DECEMBER 14, 2016
CLOSED SESSION
Item L 1 An Attorney- Client Closed Session in the matter of Monroe County v. Zamindari
Investments, Inc., et al., Case No. 14- CA- 165 -M.
Closed Session held; script read into the record.
Mayor Neugent declared the closed meeting ended and returned to the open session.
COMMISSIONERS' ITEMS
Item K4 Approval of fourth amendment to the employment agreement of Carol Schreck as
Executive Assistant to Commissioner Carruthers, to increase her salary and
amend Exhibit A, job description.
During the reading of the Bulk Approvals by Commissioner Sylvia Murphy, Commissioner
Carruthers withdrew this item from the BOCC 12/14/16 meeting agenda.
RESULT: WITHDRAWN
COUNTY ADMINISTRATOR
Item M.1 County Administrator's Monthly Report.
Item M.2 Discussion and approval of the 2017 Appointments of Commissioners to various
duties.
Board tabled this item to the BOCC 1/18/2017 meeting. No formal motion was made;
however, direction was given by Mayor Neugent at the request of Commissioner Carruthers,
with no objection.
RESULT:
TABLED [UNANIMOUS] Agenda Item M.2 Next: 1/18/2017 9:00 AM
MOVER:
George Neugent, Mayor /Commissioner District 2
SECONDER:
Heather Carruthers, Commissioner District 3
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
Item M.6 Part 2 (of 3) of the review and discussion of the draft Final Report of the tidal
flooding roads demonstration projects.
This item was scheduled for a time approximate of 2:00 P.M.
Rhonda Haag, Sustainability Coordinator, set the stage. No vote today, just
general information. Erin Deady, PA., presented a presentation with a recap of
alternatives; legal framework and what we are working on in terms of a policy
response.
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Item M.9 Approval of five (5) year Interlocal Agreement with Key Largo Fire and EMS
District, starting on 10/1/2016 and running through 9/30/2021, whereby the
County will reimburse $150,000 per year ($750,000 total) for the purchase and
installation of fire hydrants from infrastructure surtax funds.
This item was scheduled for an 11:00 AM Time Approximate.
Dotti Moses representing Island of Key Largo Federation of Homeowners
Association and Commissioner Bob Thomas representing Key Largo Fire & EMS
District Rescue addressed the Board as public speakers.
After discussion, Commissioner Rice moved approval, seconded by
Commissioner Carruthers. Motion unanimously approved.
COUNTY ATTORNEY
Item N.1 County Attorney Report for December 2016.
County Attorney Bob Shillinger referred the Board to his written reports. Mr. Shillinger
referred the Board to his recent email to them advising the Board of a notice received from
the Nuclear Regulatory Commission advising they are accepting comment and input from the
County regarding Turkey Point and seeking the Board's authorization for staff to develop and
submit a response on behalf of the County. Mayor Neugent granted authorization to the
County Attorney and, without objection, authorization was granted 4 -0; Commissioner
Carruthers was not present.
Item N.2 Request to hold an Attorney -Client Closed Session in the matter of Monroe
County v. Keith M. Munt, Case No. 16 -CA -330 -K at the January 18, 2017
BOCC meeting in Marathon, FL 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 in
the matter of Monroe County v. Keith M. Munt, Case No. 16 -CA -330 -K at the January 18,
2017 BOCC meeting in Marathon, FL at 1:30 P.M. A motion was made by Commissioner
Rice to approve the request and seconded by Commissioner Murphy. Hearing no objection,
the motion as approved 4 -0 with no objection and Commissioner Carruthers not present.
RESULT: APPROVED [UNANIMOUS] Agenda Item N.2
MOVER: David Rice, Mayor Pro Tem/Commissioner District 4
SECONDER: Sylvia Murphy, Commissioner District 5
AYES: Carruthers, Neugent, Kolhage, Murphy, Rice
Item N.3 Discussion and direction regarding whether County should consider regulating
vehicles for hire including traditional taxis, Uber, Lyft, and other similar entities.
County Attorney Bob Shillinger provided the Board with a brief history on this item. Don
Kelley, a taxi driver in Islamorada, then addressed the Board regarding the critical financial
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impact of Uber drivers on taxi drivers in Monroe County. He explained that Uber drivers are
operating as a "vehicle for hire" but are not required to register as a business /obtain a taxi
license, pay business taxes, carry commercial insurance coverage nor operate within
restricted boundaries as required of taxi drivers, putting taxi drivers at an extreme
disadvantage. The County Attorney clarified that the County does have jurisdiction in
Islamorada, Village of Island but does have county -wide authority to regulate taxi's, i.e. set
rates, limits, etc. but currently does not do so with the exception of Key West International
Airport (KWIA) which requires a taxi to have a City taxi license in order to operate at
KWIA.
Direction was given by Mayor Neugent to the County Attorney to work with the Tax
Collector to solve the immediate need in confirming that Uber, Lyft drivers and other similar
entities are properly registering and paying business taxes and bring his findings back to the
Board in January. The Mayor's motion was approved 4 -0 without objection; Commissioner
Carruthers was not present.
Item NA Approval of a resolution granting authority to terminate outstanding contracts
between the Upper Keys Health Care Taxing District and third parties, and
disposing of unused surplus office equipment.
This item was deleted from the BOCC 12/14/16 agenda as it was heard and adopted at the
BOCC 11/22/16 meeting (Add On Item V -1). The Deletion was noted on the BOCC
12/14/16 Revised Agenda.
RESULT: WITHDRAWN
Item N.5 Discussion and direction on whether to revise our County policy as to park fees
and insurance requirements for use of public facilities.
County Attorney Bob Shillinger addressed the Board. After a brief discussion, a motion was
made by Commissioner Rice directing staff to revise our County policy regarding park fees
and insurance requirements for use of public facilities to make it more "friendly" for
individuals, families, etc. The motion was seconded by Commissioner Murphy and approved
4 -0 without objection and Commissioner Carruthers not present.
RESULT:
APPROVED [4 TO 0] Agenda Item N.5
MOVER:
David Rice, Mayor Pro Tem/Commissioner District 4
SECONDER:
Sylvia Murphy, Commissioner District 5
AYES:
Neugent, Kolhage, Murphy, Rice
NOT PRESENT:
Carruthers
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DECEMBER 14, 2016
PUBLIC HEARINGS
Item 0.1 A public hearing to consider an ordinance abolishing the Upper Keys Health Care
Taxing District (Trauma District).
Commissioner Murphy moved for approval, seconded by Commissioner Rice. Motion
unanimously approved.
RESULT: APPROVED [UNANIMOUS] Agenda Item 0.1 Ordinance #031 -2016
MOVER: Sylvia Murphy, Commissioner District 5
SECONDER: David Rice, Mayor Pro Tem/Commissioner District 4
AYES: Carruthers, Neugent, Kolhage, Murphy, Rice
ORDINANCE #031 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item 0.2 A public hearing to consider adoption of an ordinance that would make it a civil
infraction to possess five grams or less of marijuana and related drug
paraphernalia.
A motion was made by Commissioner Carruthers to approve the ordinance with the
amendment from 5 grams to 20 grams. The motion was seconded by Commissioner Rice
and approved unanimously.
RESULT: APPROVED [UNANIMOUS] Agenda 0.2 Ordinance #032 -2016
MOVER: Heather Carruthers, Commissioner District 3
SECONDER: David Rice, Mayor Pro Tem/Commissioner District 4
AYES: Carruthers, Neugent, Kolhage, Murphy, Rice
ORDINANCE #032 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item 0.3 Approval of a resolution renewing the intent to use the uniform method to collect
non -ad valorem special assessments toward the cost of providing wastewater
utility services to properties on Stock Island, Key Haven, Big Coppitt Lower
Sugarloaf through Big Pine Key, No Name Key, Long Key, Duck Key excluding
Indies Island, and three parcels on Boca Chica.
Commissioner Rice moved to approve the ordinance and seconded by Commissioner
Carruthers. Motion unanimously approved.
RESULT: APPROVED [UNANIMOUS] Agenda Item 0.3 Resolution #321 -2016
MOVER: David Rice, Mayor Pro Tem/Commissioner District 4
SECONDER: Heather Carruthers, Commissioner District 3
AYES: Carruthers, Neugent, Kolhage, Murphy, Rice
RESOLUTION #321 -2016 IS INCORPORATED HEREIN BY REFERENCE
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DECEMBER 14, 2016
Item 0.4 A public hearing to consider approval of a resolution of Monroe County, Florida
electing to use the uniform method of collecting non -ad valorem special
assessments levied within the County toward the cost of providing Operations and
Maintenance costs for canal restoration demonstration projects on Big Pine Key,
Geiger Key and Key Largo; stating a need for such levy; providing for the mailing
of this resolution; and providing for an effective date.
Sustainability Coordinator Rhonda Haag addressed the Board to place on record that the
Proof of Publication from the Keynoter was received and to be made a part of the agenda
backup for this item, specifically Exhibit A. to the Resolution, along with the Proof of
Publications from the Key West Citizen and the Reporter to document compliance with
statutory publication requirements. Commissioner Murphy moved to approve the resolution
which was seconded by Commissioner Kolhage. Motion unanimously approved.
RESULT:
APPROVED [UNANIMOUS] Agenda Item 0.4 Resolution #322 -2016
MOVER:
Sylvia Murphy, Commissioner District 5
SECONDER:
Heather Carruthers, Commissioner District 3
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
RESOLUTION #322 -2016 IS INCORPORATED HEREIN BY REFERENCE
SOUNDING BOARD
Item P.1 Request to speak to the County Commissioners regarding increased efforts to
address litter, trash, and debris - Dottie Moses.
Richard Barreto representing Tavernier Community Association, Dotti Moses,
and Bill Hunter representing SSPOA addressed the Board as public speakers.
Kevin Wilson, Assistant County Administrator, addressed the Board to answer the
board's questions.
ADD ONS
Item Q.1 Approval of an Amendment to Agreement with Key West Women's Club, Inc for
the Hellings House Phase I Repair and Restoration Project to extend the
completion date of the project to December 30, 2016 and to revise Exhibit A -
outlining Scope of Service.
This item was held from Bulk Approvals by Commissioner Murphy. When the item was
called, staff confirmed the cost was to be paid by the Tourist Development Council funds.
Commissioner Murphy then moved to approve the item which was seconded by
Commissioner Rice and approved 4 -0 without objection; Commissioner Carruthers was not
present.
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BOARD OF COUNTY COMMISSIONERS
DECEMBER 14, 2016
RESULT:
APPROVED [4 TO 0] Agenda item Q.l
MOVER:
Sylvia Murphy, Commissioner District 5
SECONDER:
David Rice, Mayor Pro Tem/Commissioner District 4
AYES:
Neugent, Kolhage, Murphy, Rice
NOT PRESENT:
Carruthers
Item Q.2 Approval of a Resolution reserving ninety -six (96) affordable housing dwelling
unit allocations consisting of Forty-Four (44) Low income, Twenty (20) Median
income and Thirty -Two (32) Moderate Income for one (1) year for use by
Rockland Operations at property located at approximate mile marker 9, described
as a parcel of land in Section 21, Township 67 South, Range 26 East, Big Coppitt
Key, Monroe County, Florida, having Real Estate Number 00120940 - 000100.
The applicant is requesting the reservation to apply for state low income housing
tax credits (LIHTC).
Agenda Items H.5, H.6, H.7, H.8, H.9, and Q.2 were asked by the Commission to
be called together.
Mayte Santamaria, Senior Director of Planning and Environmental Resources set
the stage. A Table was provided on the screen for the public as well as the
Commission listing a summary of requests that were before the Commission.
Chuck Lindsey City Manager of the City of Marathon, Michelle Coldiron Vice -
Mayor of the City of Marathon, George Garrettt City Planning Director of the
City of Marathon, Robby Majeska, Jose Romero representing HTG Crystal Cove
Resort, LLLP, Martin Flynn representing Keys Affordable Development III, LLC,
Barbara Mitchell representing Seaward Properties LLC, Peter Rosasco
representing Seaward Properties LLC, Bart Smith representing Rockland
Operations, and Brian Schmitt addressed the Board as public speakers.
Commissioner Carruthers moved approval for Q.2, seconded by Commissioner
Murphy. Motion unanimously approved.
RESOLUTION #323 -2016 IS INCORPORATED HEREIN BY REFERENCE
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BOARD OF COUNTY COMMISSIONERS
DECEMBER 14, 2016
Item Q.3 Approval of a 6 -month Land lease agreement between Habitat for Humanity and
Monroe County with an optional 6 -month extension on the property located at
30320 Overseas Hwy, Big Pine Key, FL 33043.
This item was added to the BOCC 12/14/16 meeting agenda the day of the meeting as Add -
On Item Q -3.
Kevin Wilson, Assistant County Administrator, set the stage. Bill Hunter addressed the
Board as a public speaker. Bob Shillinger, County Attorney, read the language drafted in the
lease to the Commission striking paragraph 4 in its entirety regarding extension period. After
discussion, motion to read as follows: 6 months lease starting on the day of January 19 to
run for 6 months. Habitat for Humanity can keep their things on the property but not in the
building. No discussion in the lease of possible extensions. Commissioner Murphy moved
for approval, seconded by Commissioner Kolhage. Motion unanimously approved.
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OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
DECEMBER 14, 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
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