11/22/2016 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
NOVEMBER 22, 2016
Regular Meeting
Board of County Commissioners
Tuesday, November 22, 2016
Key West, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00
a.m. at the Historic Truman School. 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.
Item A PRESENTATION TO MAYOR CARRUTHER
Item B COMMENTS FROM COMMISSIONERS
CALL TO ORDER OF 2016 -17 BOARD OF COUNTY COMMISSIONERS
COMMISSION ORGANIZATION
Item C.1 Oath of Office of District One.
Item C.2 Oath of Office of District Three.
Item C.3 Oath of Office of District Five.
District 1 Commissioner Danny Kolhage, District 3 Commissioner Heather
Carruthers and District 5 Commissioner Syliva Murphy were sworn into office by
the Honorable Wm. Reagan Ptomey, Jr., recently retired Circuit Court Judge.
Item CA Approval of a Resolution electing the Mayor and Mayor Pro Tem for the Board of
County Commissioners.
Mayor Carruthers called for nominations for Mayor and Mayor Pro Tem for the 2016 -2017
Board of County Commissioners. Commissioner Murphy nominated Commissioner George
Neugent for Mayor. Commissioner Rice seconded the nomination which was approved
unanimously without objection. Commissioner Murphy then nominated David Rice as
Mayor Pro Tem. Commissioner Kolhage seconded the nomination which was approved
unanimously without objection.
The Clerk then read C -5 resolution in the record and the resolution was moved for approval
by Commissioner Carruthers, seconded by Commissioner Murphy and approved
unanimously without objection. Following approval of the C5 resolution, it was noted by
Commissioner Kolhage the prior C4 resolution had not been moved and approved for the
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record. The C5 motion was then amended to also include approval of the prior C -4
resolution approving the selection of the Mayor and the Mayor Pro Tem.
RESULT:
APPROVED [UNANIMOUS] Agenda Item C4 Resolution 279 -2016
MOVER:
Heather Carruthers, Commissioner District 3
SECONDER:
Sylvia Murphy, Commissioner District 5
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
RESOLUTION #279 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item C.5 Approval of a Resolution authorizing the Mayor and Clerk of the Board to sign all
warrants, legal documents and any other necessary papers and documents; and
stating that the presently authorized signatures validating County checks are
hereby continued for sixty days from this date in order to meet payroll and
necessary obligations.
A motion to approve was made by Commissioner Carruthers and seconded by Commissioner
Murphy. The motion was approved unanimously without objection. Following discussion,
in that only nominations were made on the record for selection of the Mayor and Mayor Pro
Tem, and not approval of the C -4 resolution, the C5 motion was then amended to also
include approval of the C -4 resolution approving the selection of the Mayor and the Mayor
Pro Tem.
RESULT:
APPROVED [UNANIMOUS] Agenda Item C5 Resolution 280 -2016
MOVER:
Heather Carruthers, Commissioner District 3
SECONDER:
Sylvia Murphy, Commissioner District 5
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
RESOLUTION #280 -2016 IS INCORPORATED HEREIN BY REFERENCE
ADDITIONS, CORRECTION, DELETIONS
Item D.1 Approval of agenda. A copy of the approved changes is attached at the end of
these minutes for reference.
Lindsey Ballard, Aide to the County Administrator, read day of meeting Additions,
Corrections, and Deletions: Walk On/Add -On Items V -2 Project Management: Green Tech;
Revised Backup for F -52: Revised Backup S -14; and items N -1 and T -4 deleted. A motion
was made by Commissioner Kolhage to approve the agenda. The motion was seconded by
Commissioner Murphy. Motion approved unanimously without objection.
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RESULT:
ADOPTED [UNANIMOUS] Agenda Item D.l
MOVER:
Danny Kolhage, Commissioner District 1
SECONDER:
Sylvia Murphy, Commissioner District 5
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
PRESENTATION OF AWARDS
Item E. No items submitted.
BULK APPROVALS
Prior to reading of the Bulk, Commissioner Kolhage recognized and thanked the many
individuals responsible for the Stock Island Clean -Up to include the "I Love Stock Island"
organization; MCSO staff, specifically Dep. David Lariz; Monroe County Public Works
Department; Solid Waste Management Department and many others.
Commissioner Rice addressed the audience regarding the Rules of Bulk Approval's items.
Motion was made by Commissioner Rice and seconded by Commissioner Carruthers granting
approval of the following bulk items (F.2 through V.2). Motion passed unanimously.
Item F.2 Board granted approval to exercise the first option to renew the contract with Air
Mechanical & Service Corp. for central air conditioning maintenance and repairs
at Middle Keys facilities. Labor costs increase for regular hourly rates of
mechanic from $78.00 to $78.55 and mechanic plus helper from $110.00 to
$110.77. Increase overtime hourly rates of mechanic from $110.00 to $110.77
and mechanic plus helper from $160.00 to $161.12.
Item F.3 Board granted Award and Approval of contract with Maverick United Elevator,
LLC for Complete Elevator Maintenance and waiver of irregularity contained in
Maverick's proposal. Contract amount to be about $77,000.00 figured on the
hourly rates given by Maverick United Elevator, LLC.
Item F.4 Board granted approval to award bid and execute contract with Charley Toppino
& Sons, Inc. (Toppino's) for Drainage Improvements Phase 2 & 3 at the Key
West International Airport in the amount of $1,655,580.85 (Base Bid West
Pumped Injection Well at $901,492.10, Additive Bid 4 1 East Pumped Injection
Well at $539,886.25 and Additive Bid 43 West Exfiltration Trench at
$214,102.50) to be funded by FAA Grant 437 -53 (90 %), FDOT Grant# GOE45
(5 %), and Passenger Facility Charge(PFC) Application 415 (5 %).
Item F.5 Board granted ratification and approval of State of Florida Department of
Transportation Joint Participation Agreement Number GOE41 providing funding
of $60,000.00 for Marathon Master Plan (Phase 1) at the Florida Keys Marathon
International Airport, to be funded 80% FDOT and 20% Marathon Airport
operating funds.
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Item F.6 Board granted approval of a Memorandum of Understanding between the BOCC,
the Monroe County Sheriffs Office and the Department of Juvenile Justice for the
MCSO to occupy and use certain DJJ office space on the First Floor of the
Monroe County Juvenile Detention Center located at 5503 College Road Key
West, Florida 33040.
Item F.7 Board granted approval of Amendment 1 to task order with CDM Smith, Inc., for
engineering design and permitting services for the Key Largo II Roadway and
Drainage Improvements project. This amendment adds $4,000.00 to the outside
professionals surveying task.
Item F.8 Board granted ratification and approval of State of Florida Department of
Transportation Joint Participation Agreement Number GOE44 providing funding
of $70,000.00 for Marathon Airport Environmental Assessment at the Florida
Keys Marathon International Airport, to be funded 80% FDOT and 20%
Marathon Airport operating funds.
Item F.9 Board granted ratification and approval of State of Florida Department of
Transportation Joint Participation Agreement Number GOE45 providing funding
of $105,000.00 for drainage Improvements Phase 2 & 3 at the Key West
International Airport, to be funded 50% FDOT and 50% Passenger Facility
Charge (PFC 415).
Item F.10 Board granted approval of Jacobs Project Management Co.' s Task Order No.
12/14 -66 for the Services Authorized: Drainage Improvements Phase 2 & 3
Construction Support and RPR Services PSO466 in the amount of $349,305.00 to
be funded by FAA Grant 4037 -53 (90 %), FDOT Grant#GOE45 (5 %), and
Passenger Facility Charge 415 (5 %).
Item F.11 Board granted approval of Jacobs Project Management Co.' s Task Order
No. 12/14-67 for the Services Authorized: Marathon Master Plan Update PSO467
in the amount of $709,205.00 to be funded by FAA Grant 4044 -35 (90 %), FDOT
Grant#GOE41 (5 %), and Marathon Operating Fund 403 (5 %).
Item F.12 Board granted approval of Jacobs Project Management Co.' s Task Order No.
12/14 -68 for the Services Authorized: Marathon Environmental Assessment
PSO4 68 in the amount of $560,659.00 to be funded by FAA Grant4044-
35(90%), FDOT Grant 4GOE44 (5 %), and Marathon Airport operating funds(5 %).
Item F.13 Board granted approval of Task Order 2012 -002R2 time extension with CDM
Smith, Inc., for professional services at The Florida Keys Marathon International
Airport, to be completed 100% on or before December 31,2016. Task order 2012 -
002R2 describes the Scope of Services, Time Schedule, charges and payment
conditions for the Marathon Airport Terminal Sewer Laterals - Construction
Administration Services (the "Project ").
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NOVEMBER 22, 2016
Item F.14 Board granted approval of FYI agreement with Keys to Be the Change, Inc., for
substance abuse treatment and prevention programs funded by the Clerk's Drug
Abuse Trust Fund, per the Substance Abuse Policy Advisory Board
recommendations.
Item F.15 Board granted approval to award bid and execute contract with ABC
Construction, Inc. for Strengthen/Rehabilitate Commercial Apron at Key West
International Airport in the amount of $9,250,000.00($9,100,000 base bid and
$150,000 for Bid Additive 41) to be funded by FAA Grant 437 -53 (90 %), FDOT
Grant#GOE46 (5 %), and Passenger Facility Charge(PFC) Application 415 (5 %).
Item F.18 Board granted approval to negotiate fees pursuant to the Consultants Competitive
Negotiation Act with the top ranked respondents to the Request for Qualifications
for Airport Consultant Services for Monroe County Florida. The top ranked
consultants include: Jacobs Engineering Group, Inc. & McFarland Johnson, Inc.
(Two (2) General Consultants: Architectural/Engineering Services and Aviation
Planning Services, respectively), Ricondo & Associates, Inc. & Newton &
Associates, Inc. (Two (2) Financial Consultants: Passenger Facility
Charge /Miscellaneous Financial Services and Airport Rates &
Charges /Miscellaneous Financial Services, respectively), and Sixel Consulting
Group, Inc. (One (1) Air Service Development Consultant: Air Service
Development Services), for both Monroe County Airports.
Item F.19 Board granted approval for the Library to close on Christmas Eve, Saturday,
December 24, 2016, and New Year's Eve, Saturday, December 31, 2016.
Item F.21 Board granted approval to award proposal and enter into a Contract between the
Monroe County Board of County Commissioners, The Board of Governors Fire
and Ambulance District 1 of Monroe County, Florida, and Bound Tree Medical
LLC furnishing specified medical supplies and pharmaceuticals at set contract
pricing, and provisional pricing on non - specified items reflected as a 25%
discounted percentage rate off list, and approval for Fire Chief to sign all
documents as needed to complete the transaction.
Item F.22 Board granted approval of Lease Extension Modification No. 3 and rental rates in
the Lease Agreement with the State of Florida Department of Juvenile Justice for
office space on the second floor of the Department of Juvenile Justice Building on
Stock Island.
Item F.23 Board granted ratification and approval of a Commercial Airline Application from
United Airlines to operate scheduled Air Carrier Service to /from the commercial
air carrier terminal at the Key West International Airport (EYW).
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Item F.24 Board granted approval of a license agreement with the Rotary Club Of Key
Largo to hold The Brew On The Bay Craft Beer Festival at Rowell's Marina on
January 7, 2017. The County will receive 5% of the cumulative gross revenue for
the event.
Item F.25 Board granted approval to advertise for bids for an Emergency Alert System at
the Key West International Airport, funded 100% by FAA approved Passenger
Facility Charge Application 416.
Item F.26 Board granted approval of a Task Order in the amount of $107,857.93 with HDR
Engineering, Inc. for development of the Design/Build Request for Proposal
(RFP) documents and Procurement Process support for the Card Sound Toll
Authority All Electronic Tolling (AET) system upgrade. This task order is being
awarded under the On -Call contract for Professional Services.
Item F.27 Board granted approval to extend Grant Agreement OOD41115 and include a
new award funding of $59,050 to be added to the $39,512.00 for a total of
$98,562 awarded by the Environmental Protection Agency (EPA) in support of
Florida Keys Water Watch, an environmental education program for canals, of
which $58,330.00 was offered as in -kind personnel services from the OF IFAS
Extension Service, and of which $40,232 is awarded in cash to the County. EPA
Grant award 4 OOD41115.
Item F.28 Board granted approval of a General Fund Transfer for the Sheriff to transfer
funds for FY 16 between functional distributions in accordance with F.S. chapter
30.49(2)(a).
Item F.29 Board granted approval of 4th Amendment with Government Services Group,
(GSG) to extend the contract for solid waste special assessment support services
for an additional 5 years.
Item F.30 Board granted approval of Amendment 4001 to Community Care for the Elderly
(CCE) Contract KC -1671 between the Alliance for Aging, Inc., and Monroe
County Board of County Commissioners /Monroe County Social Services /In-
Home Services to replace the referral protocol, beginning on 12/01/2016 for the
contract year 2016 -2017 resulting in no fiscal changes to the contract.
Item F.31 Board granted approval of Amendment 4002 to Community Care for the Elderly
(CCE) Contract KC -1671 between the Alliance for Aging, Inc., and Monroe
County Board of County Commissioners /Monroe County Social Services /In-
Home Services to add pest control services and reallocate funding to support these
services for the contract year 2016 -2017 resulting in no fiscal changes to the
contract.
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NOVEMBER 22, 2016
Item F.32 Board granted Issuance (renewal) of a Class A Certificate of Public Convenience
and Necessity (COPCN) to City of Key West Fire Department (KWFD) for the
operation of an ALS transport ambulance service for the period December 10,
2016 through December 9, 2018.
Item F.33 Board granted approval of a Resolution to update and revise the membership of
the Monroe County Substance Abuse Policy Advisory Board ( SAPAB) and
authorize the SAPAB to also serve as the County's Planning Council for The
Florida Department of Children and Families Office of Criminal Justice, Mental
Health and Substance Abuse (CJMHSA) purposes.
RESOLUTION #284 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item F.34 Board granted approval of Amendment 40002 to Community Care for Disabled
Adults (CCDA) Contract # KG -070 between the Florida Department of Children
and Families (DCF) and Monroe County Board of County Commissioners
(BOCC) /Monroe County Social Services /In -Home Services to revise pricing
terms for the contract year FYI resulting in no financial increase to the contract.
Item F.35 Board granted approval of Amendment No. 3 to the existing contract with
Buccaneer Courier to add one (1) additional stop at the request of the Public
Works Department.
Item F.36 Board granted approval to piggyback the City of Key West Uniform Services
Agreement and execute a contract for Uniform Services with Aramark
Corporation for Public Works /Engineering Division, Monroe County.
Item F.37 Board granted approval of Second Renewal Amendment Agreement with
Stockton Maintenance Group, Inc. (SMG) for janitorial services at the Big Pine
Key Library at $632.36 per month extending the term to November 30, 2017.
Item F.38 Board granted approval of Second Renewal, Third Amendment Agreement with
Stockton Maintenance Group, Inc. (SMG) for janitorial services in Marathon to
extend the term to November 30, 2017. Facilities include Marathon Library,
Marathon Courthouse, Marathon Government Center, Marathon Government
Center Annex, Marathon Senior Center, Marathon Supervisor of Elections,
Marathon Tax Collector & Marathon Clerk of Courts totaling $6,163.34/mo.
Item F.39 Board granted approval of a $41,907.52 Reimbursable Agreement With The FAA
to fund a study to relocate the "NDB" tower at Higgs Beach.
Item F.40 Board granted approval of Second Renewal Amendment Agreement with
Stockton Maintenance Group, Inc. (SMG) for janitorial services at the Key Largo
Library to extend the term to November 30, 2017.
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Item F.41 Board granted approval of Second Renewal Amendment Agreement with
Stockton Maintenance Group, Inc. (SMG) for janitorial services at the Islamorada
Library which extends the term to November 30, 2017. The contract amount is
adjusted .7% for janitorial services from $861.52 per month to $867.55 per
month.
Item F.44 Board granted approval to execute easement to FKAA at Veterans Park and
Pigeon Key for Onsite Wastewater Treatment Systems.
Item F.46 Board granted approval of a Task Order for Amec Foster Wheeler to provide a
Facility Assessment Report for the Harvey Government Center, funded in the
one -cent infrastructure fund. A full Facility Condition Assessment (FCA) may
cost up to $106,463.00.
Item F.47 Board approved receipt of monthly report on change orders reviewed by the
County Administrator's office.
Item F.48 Board granted approval of a resolution by the Monroe County Board of County
Commissioners to conduct a Solar Energy Feasibility Study for the Marathon
Library Design.
RESOLUTION #285 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item F.49 Board granted approval of 2nd Amendment to Agreement between Tranquility
Bay Adult Day Care and Monroe County Social Services to increase the "not to
exceed amount" from $50,000 to $85,000 for the contract period ending
06/30/2017.
Item F.50 Board granted acceptance of the Monroe County Cultural Resource Assessment
Update report as reference material to be utilized by County staff.
Item F.51 Board granted approval of 4th Amendment to Agreement between Care in the
Keys, Inc., and Monroe County Board of County Commissioner /Monroe County
Social Services for the renewal of the cost reimbursement agreement for a one (1)
year period beginning 01/01/2017, and ending 12/31/2017.
Item F.52 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 #286 -2016 transfer of funds for Fund 101
Resolution #287 -2016 transfer of funds for Various Fund FY 16
Resolution #288 -2016 transfer of funds for Fund 304
Resolution #289 -2016 receipt of unanticipated funds for Fund 125
Resolution #290 -2016 transfer of funds for Fund 314
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Resolution #291 -2016 receipt of unanticipated funds for Fund 125
Resolution #292 -2016 transfer of funds for Fund 403 &406
Resolution #293 -2016 receipt of unanticipated funds for Fund 406
Resolution #294 -2016 receipt of unanticipated funds for Fund 406
Resolution #295 -2016 receipt of unanticipated funds for Fund 406
Resolution #296 -2016 receipt of unanticipated funds for Fund 406
Resolution #297 -2016 receipt of unanticipated funds for Fund 403
Resolution #298 -2016 receipt of unanticipated funds for Fund 403
Resolution #299 -2016 transfer of funds for Fund 403 & 406
Resolution #300 -2016 receipt of unanticipated funds for Fund 158
Resolution #301 -2016 receipt of unanticipated funds for Fund 158
Resolution #302 -2016 receipt of unanticipated funds for Fund 001
Resolution #303 -2016 receipt of unanticipated funds for Fund 158
Resolution #304 -2016 receipt of unanticipated funds for Fund 158
Resolution #305 -2016 receipt of unanticipated funds for Fund 125
Resolution #306 -2016 receipt of unanticipated funds for Fund 207
Resolution #307 -2016 transfer of funds for Fund 001
Resolution #308 -2016 transfer of funds for Fund 158
Resolution #309 -2016 transfer of funds for Fund 158
Resolution #310 -2016 transfer of funds for Fund 158
Resolution #311 -2016 transfer of funds for Fund 158
Resolution #312 -2016 transfer of funds for Fund 160
Item G.3 Board granted approval of Amendment to Agreement with Dolphin Research
Center, Inc. For the DRC Public Signage project to extend the completion date of
the project to March 31, 2017.
Item GA Board granted 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.
Item G.5 Board granted approval of an Amendment to Agreement with Lower Keys
Chamber of Commerce to provide Visitor Information Services (VIS) to amend
scope of services.
Item G.6 Board granted approval of an Amendment to Agreement with Islamorada
Chamber of Commerce to provide Visitor Information Services (VIS) to amend
scope of services.
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BOARD OF COUNTY COMMISSIONERS
NOVEMBER 22, 2016
Item G.8 Board granted approval of an Amendment to Agreement with Greater Key West
Chamber of Commerce to provide Visitor Information Services (VIS) to amend
scope of services.
Item G.9 Board granted approval of an Amendment to Agreement with Key Largo
Chamber of Commerce to provide Visitor Information Services (VIS) to amend
scope of services.
Item G.10 Board granted approval of an Amendment to Agreement with Greater Marathon
Chamber of Commerce to provide Visitor Information Services (VIS) to amend
scope of services.
Item M.1 Board granted approval to advertise a Request for Qualifications for
Transportation Planning Services.
ItemM.3 Board granted approval of a third amendment to the URS Southern Corporation
Continuing Contract for Transportation Planning Services extending the contract
for 2.5 months to allow for completion of the US Time Travel and Delay Study.
All terms and conditions of the original contract, including payment conditions,
remain unchanged. The time extension will extend the current contract to June 1,
2017.
Item MA Board granted approval of Work Order 418 in the amount of $50,000 under the
URS Transportation Planning Continuing Services contract. Contract funded at
87.5% ($43,750) through a Joint Participation Agreement (JPA) from the Florida
Department of Transportation. The county's share for this work order is $6,250.
Item M.7 Board granted approval of Work Order 419 to complete the 2017 US 1 Arterial
Travel Time and Delay Study (TTDS), in the amount of $61,994.44, pursuant to
the URS Transportation Planning Continuing Services contract which is funded
through a Joint Participation Agreement (JPA) from the Florida Department of
Transportation.
Item O.1 Board granted approval of an interlocal agreement (ILA) by and between Monroe
County and Florida Keys Aqueduct Authority, regarding payment for providing
connection points for residential properties in County - funded central wastewater
systems whose connections were not included in the systems' initial design or
construction.
Item P.1 Board approved request for expenditure from the Law Enforcement Trust Fund in
the amount of $500.00, for the Florida Keys Health Start Coalition.
Item Q.1 Board granted approval for the reappointment of Nance Frank to the Art in Public
Places Committee with said appointment date to expire, November 2020.
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Item Q.2 Board granted approval for the reappointment of Kurt Lewin to the Affordable
Housing Advisory Committee with said appointment date to expire, November
2019.
Item Q.3 Board granted approval for the reappointment of Capt. Lynda Schuh to the
Marine & Port Advisory Committee with said appointment date to expire
November 2019.
Item Q.4 Board granted approval for the reappointment of Tim Root to the Affordable
Housing Advisory Committee with said appointment date to expire, November
2019.
Item Q.5 Board granted approval for the reappointment of Michael Ingram to the Human
Services Advisory Board with said appointment date to expire, November 2018.
Item Q.6 Board granted approval for the reappointment of Denise Werling to the Monroe
County Planning Commission Board. The term for this appointment expires
between the November 2019 election and February 2020.
Item Q.7 Board granted approval to reappoint Gina Boilini to the Monroe County Shared
Asset Forfeiture Fund Advisory Board, term to expire on November 22, 2018.
Item Q.8 Board granted approval of the reappointment of Warren Leamard to the Monroe
County Affordable Housing Advisory Committee (AHAC).
Item Q.9 Board granted approval of the reappointment of Steve Torrence to the Monroe
County Human Services Advisory Board (HSAB).
Item R.1 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 R.2 Board granted official approval of a request for the Clerk to reallocate the
approval FY16 Clerk's Budget for financial statements purposes as well as
transparency of how the funds were actually spent.
Item R.3 Board granted approval of Tourist Development Council expenses for the month
of September 2016.
Item R.4 Board granted approval of BOCC Warrants (including Payroll) for the Month of
Sept 2016.
Item R.5 Board granted official Approval of September 6, 2016 Special BOCC Meeting
Minutes (County Health Care Plan).
Item R.6 Board granted official Approval of September 6, 2016 Special BOCC Meeting
Minutes (Budget).
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Item R.7 Board granted official Approval of September 8, 2016 Special BOCC Meeting
Minutes (Budget).
Item R.8 Board granted official Approval of September 12, 2016 Final Budget BOCC
Meeting Minutes.
Item R.9 Board granted official Approval of September 19, 2016 Special BOCC Meeting
Minutes (Health Insurance Plan).
Item S.2 Board granted approval of Grant Agreement S -0939 from the Florida Department
of Environmental Protection (FDEP) for $50,000 of funding towards the cost of
installation of an air curtain on Canal 4290 on Big Pine Key, one of the original
canal demonstration projects that previously received an organic muck removal
restoration.
Item S.3 Board granted approval to enter into a $0 Access Agreement with Antonio
Acosta for a long term grant of easement and right of entry for use of his lot,
parcel ID 484200, to place the equipment for the air curtain for the C83 canal
water quality improvement demonstration project for organic muck removal,
backfilling and air curtain installation in Key Largo. Access is being provided at
no cost to the County.
Item S.4 Board granted approval of the reappointment of Capt. Bill Kelly of the Florida
Keys Commercial Fisherman's Association (FKCFA) to the Marine & Port
Advisory Committee with term to expire November 1, 2020.
Item S.9 Board granted approval to negotiate an on -call contract with Amec Foster
Wheeler, Inc., the highest ranked respondent, for canal masterplan program
planning services.
Item S.12 Board granted approval of Second Amendment extending Professional Services
Agreement with Van Scoyoc Associates, Inc. For federal lobbying services for
one year, retroactive to October 1, 2016.
Item S.13 Board granted approval of a grant application to DEP as part of the Coastal
Partnership Initiative to conduct a vulnerability assessment of the Gulf Seafood
property, requesting $14,450 in grant funds and offering $25,450 in match funds,
approval to be retroactive to the grant submittal date of October 31, 2016.
Item S.15 Board granted ratification of four small contracts; Zoom Video in the amount of
$3,496.00, Sands of the Keys in the amount of $7,460.28, Xerox in the amount of
$17,354.04 and Canon Financial Services in the amount of $4,000.00 signed by
the County Administrator.
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NOVEMBER 22, 2016
Item T.2 Board granted approval to advertise a public hearing to consider adoption of a
proposed ordinance making it a civil infraction for adults to possess five grams or
less of marijuana and related drug paraphernalia to be held on December 14, 2016
in Key Largo, FL at 3:00 p.m. or as soon thereafter as may be heard.
Item T.5 Board granted authorization to initiate litigation against Karen Zimmerman and
the property located at 1108 Grand St., Key Largo, Florida, to seek compliance
with the County code and enforce a lien arising from Code Compliance case
number CE15040064.
Item T.6 Board granted authorization to initiate litigation against 107 Marina LLC as
Trustee for Trust Number 107 and the property located at 107 Marina Ave., Key
Largo, Florida, to seek compliance with the County code and enforce a lien
arising from Code Compliance case number CE15050007.
Item T.9 Board granted approval of fourth amendment to agreement with Johnson,
Anselmo, Murdoch, Burke, Piper & Hochman, P.A., to increase attorney and
paralegal rates and add public records wording required by statute.
Item V.1 Board granted 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.
RESOLUTION #281 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item V.2 Board granted approval of a change order with Greentech Group Solutions, LLC
for the Key Largo Park Residence Spalling and Deck Repair Project in the
amount of $25,607.16. This is funded by the once -cent infrastructure tax.
NON -BULK ITEMS
Item F.1 Approval of a contract with EAC Consulting, Inc. in the amount of $353.916.24
for engineering design and permitting services for the Stock Island II Roadway
Improvement Project.
Judith Clarke, Director of Engineering, addressed the Commission's concerns.
Mimi Stafford addressed the Board as a public speaker. After discussion,
Commissioner Kolhage moved the item for approval, seconded by Commissioner
Murphy. Motion approved unanimously.
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NOVEMBER 22, 2016
Item F.17 Approval of Resolution authorizing the write -off of 92 accounts receivable
covering the time period of 2013 through August 2016 totaling $695,317.54 for
Monroe County residents who qualified for the Trauma Star Air Ambulance
Waiver Program.
RESOLUTION #283 -2016 IS INCORPORATED HEREIN BY REFERENCE
Agenda Item F16 & F17 were taken together. Chief Callahan addressed the
Commission to answer Commissioner Carruthers's question. After discussion,
Commissioner Carruthers moved the items for approval, seconded by
Commissioner Murphy. Motion approved unanimously.
Item F.20 Approval of Addendum to the Amended and Restated Contract between Florida
Keys Society of Prevention of Cruelty to Animals, Inc. (FKSPCA) and Monroe
County providing funding for the Construction of the New Animal Control
Shelter in Key West.
Mayor Neugent publicly applaud the FKSPCA on their open house ribbon
cutting /breaking ground for the property on the 30th......... Mayor Neugent
moved item for approval, seconded by Commissioner Carruthers. Motion
approved unanimously.
Item F.42 Approval of an amendment to the agreement with Guidance /Care Center to revise
Attachment D to include the KH225 contract between Florida Department of
Children and Families and South Florida Behavioral Health Network and
subsequent amendments to KH225 contract. Commissioner Murphy moved the
item for approval, seconded by Commissioner Kolhage.
Voting Conflict with Commissioner Rice
A Roll-Call was taken by the Clerk with the following results:
Commissioner Carruthers
Commissioner Kolhage
Commissioner Murphy
Commissioner Rice
Mayor Neugent
Motion Carried.
Yes
Yes
Yes
Abstain, Voting Conflict
Yes
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Item F.43 Approval of an agreement with Guidance /Care Center for the "Women's Jail In-
House Program" (WJIP) for October 1, 2016 through September 30, 2017
(FY2017) and ratification of the Substance Abuse Policy Advisory Board
(SAPAB) recommendation to fund FDLE Edward Byrne Memorial Justice
Assistance Grant (JAG) Program. Commissioner Murphy moved item for
approval, seconded by Commissioner Kolhage.
Voting Conflict with Commissioner Rice
A Roll-Call was taken by the Clerk with the following results:
Commissioner Carruthers
Commissioner Kolhage
Commissioner Murphy
Commissioner Rice
Mayor Neugent
Motion Carried.
Yes
Yes
Yes
Abstain, Voting Conflict
yes
Item F.45 Approval of an agreement with Guidance /Care Center for the "Assisted Living
Prevents Recidivism" (Heron) program for October 1, 2016 through September
30, 2017 (FY2017) and ratification of the Substance Abuse Policy Advisory
Board (SAPAB) recommendation to fund FDLE Edward Byrne Memorial Justice
Assistance Grant (JAG) Program.
This Item was deleted from the revised agenda.
RESULT: WITHDRAWN
TOURIST DEVELOPMENT COUNCIL
Item G.1 Approval of an Amendment to Agreement with Historic Florida Keys Foundation,
Inc. For the Oldest House Roofing, Structural Repair and Plumbing Upgrade
Project to extend the completion date of the project to March 31, 2017
Item was held from approval with Bulk Approvals by Commissioner Rice, along with Item
G -2, to place a conflict on record. A motion was made by Commissioner Carruthers for
approval of both Items G1 and G2 and seconded by Commissioner Murphy.
Item G.2 Approval of an Amendment to Agreement with Historic Florida Keys Foundation,
Inc. For the Oldest House Replace /Repair Foundation and Supports Project to
extend the completion date of the project to March 31, 2017
Item was held from approval with Bulk Approvals by Commissioner Rice, along with Item
G -1, to place a conflict on record. A motion was made by Commissioner Carruthers for
approval of both Items G1 and G2 and seconded by Commissioner Murphy. A roll call vote
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was taken by the Clerk and the motion was approved 4 -0, with Mayor Pro Tem David Rice
abstaining.
A Roll-Call was taken by the Clerk with the following results for both
Agenda Items G1 & G2:
Commissioner Carruthers
Commissioner Kolhage
Commissioner Murphy
Commissioner Rice
Mayor Neugent
Motion Carried.
Yes
Yes
Yes
Abstain, Voting Conflict
Yes
Item G.11 Approval on one "At Large" appointment to the Tourist Development Council
District II Advisory Committee
A motion was made by Commissioner Kolhage appointing Steve Estes to the Tourist
Development Council District II Advisory Committee. The motion was seconded by
Commissioner Carruthers and approved unanimously with no objection.
STAFF AND ADVISORY COMMITTEE REPORTS
Christine Hurley, Assistant County Administrator, reported a few things to the Board. We
received a plague from FEMA for our participation in the community rating system. Ms. Hurley
also spoke about the progresses of their working group that was put together and also tough on
the staff and attorneys efforts in collections.
Following Christine Hurley staff's report, there was a discussion about the Pigeon Key Project.
Kevin Wilson; Assistant County Administrator, Roman Gastesi; County Administrator, and Bob
Shillinger; County Attorney addressed the Board regarding Mayor Neugent's question.
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
Present and answering to the Roll Call was Commissioner Danny Kolhage,
Commissioner /Chairman George Neugent, and Commissioner David Rice.
Item J.1 Approval of Resolution authorizing the write -off of 341 Fire Rescue ground
ambulance accounts receivable for CY 2012, totaling $211,977.27 from the Fire
and Ambulance District 1 L &M Key Fund.
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RESULT: APPROVED [UNANIMOUS] Agenda Item J.1 Resolution #314 -2016
MOVER: David Rice, Mayor Pro Tem/Commissioner District 4
SECONDER: Danny Kolhage, Commissioner District 1
AYES: Neugent, Kolhage, Rice
ABSENT: Anderson, Scott, Snow
RESOLUTION #314 -2016 IS INCORPORATE HEREIN BY REFERENCE
Item J.2 Approval to award proposal and enter into a Contract between the Monroe County
Board of County Commissioners, The Board of Governors Fire and Ambulance
District 1 of Monroe County, Florida, and Bound Tree Medical LLC furnishing
specified medical supplies and pharmaceuticals at set contract pricing, and
provisional pricing on non - specified items reflected as a 25% discounted
percentage rate off list, and approval for Fire Chief to sign all documents as
needed to complete the transaction.
RESULT: APPROVED [UNANIMOUS] Agenda Item J.2
MOVER: David Rice, Mayor Pro Tem/Commissioner District 4
SECONDER: Danny Kolhage, Commissioner District 1
AYES: Neugent, Kolhage, Rice
ABSENT: Anderson, Scott, Snow
THE LOWER & MIDDLE KEYS FIRE & AMBULANCE DISTRICT BOARD OF
GOVERNORS ADJOURNED AND THE BOARD OF COUNTY COMMISSIONERS
RECONVENED
ENGINEERING
Item K. 1 Appeal by AT &T of a denial of a right of way permit to install two 35 -ft high
poles to support antennas on the county right of way on Big Pine Key. (Quasi -
judicial)
County Attorney Bob Shlllinger noted this was a quasi - judicial proceeding and no
disclosures of ex parte communication were placed on the record by any of the
commissioners. Judith Clarke, Director of Engineering, provided a background of the appeal
to the Board. Kathy Kelly, of Kelly Communication Services and representing AT &T, then
addressed the Board and advised attempts were made to co- locate the services and that 29
poles were already in the ground. She also stressed these 2 additional poles were critical and
without them the project would not work.
Commissioner Murphy made a motion to accept the appeal as written which was seconded
by Commissioner Rice.
Discussion followed with Commissioner Kolhage suggesting this item go back to staff for
review to pursue all available options and AT &T could pursue further negotiations with Keys
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Energy Services or identify other options to move this project forward. Commissioner
Carruthers agreed with Commissioner Kolhage's recommendation.
Christine Limbert, Assistant County Attorney, responded to the Commissioners' inquiries.
Following discussion, a roll call vote was taken on the motion to approve on the floor.
A Roll-Call was taken by the Clerk with the following results:
Commissioner Carruthers
No
Commissioner Kolhage
No
Commissioner Murphy
Yes
Commissioner Rice
Yes
Mayor Neugent
Yes
Motion Carried.
PROJECT MANAGEMENT
Item L.1 Discussion and direction for the Cudjoe Key fire station based on the
recommended plan including cost implications.
Chief Callahan addressed the Board to provide an update on the efforts to move forward with
the Cudjoe Key Fire Station explaining that issues regarding finances /costs had arose and
providing three options to the Board for discussion and to obtain their direction, noting the
Staff Recommendation is Option 41. Following discussion, a motion was made by
Commissioner Carruthers to approve Option 42 minus the medical clinic and community
room. The motion was seconded by Commissioner Murphy.
RESULT:
APPROVED [UNANIMOUS] Agenda Item L.l
MOVER:
Heather Carruthers, Commissioner District 3
SECONDER:
Sylvia Murphy, Commissioner District 5
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
PLANNING AND ENVIRONMENTAL, BUILDING AND CODE COMPLIANCE
DEPARTMENTS
Item M.2 Selection of a firm to provide a Detailed Feasibility Study for a Mooring Field at
Boca Chica Basin, and approval to negotiate a contract.
Rich Jones, Senior Administrator of Marine Resources, provided the Board with an update
on the efforts, to date, regarding a Mooring Field at Boca Chica Basin, followed by public
speaker Robert Haverty. A motion was made by Commissioner Kolhage and seconded by
Commissioner Murphy to accept staffs recommendation to move forward with negotiating a
contract with CSI. The motion was approved unanimously without objection.
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Following approval of the item, Rich Jones updated the Board regarding the recent statewide
FWC Meeting and impending legislative efforts in this area. Mayor Neugent publicly
recognized Rich Jones for his efforts.
RESULT:
APPROVED [UNANIMOUS] Agenda Item M2
MOVER:
Danny Kolhage, Commissioner District 1
SECONDER:
Sylvia Murphy, Commissioner District 5
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
Item M.5 Approval of a resolution of the Monroe County Board of County Commissioners
establishing the monetary value for payment to the County's land acquisition fund
for an applicant to receive additional points (max of 2 points) within the Rate of
Growth Ordinance/Non- Residential Rate of Growth Ordinance (ROGO/NROGO)
allocation systems.
This item was held by Commissioner Carruthers to obtain further information
from staff. Mayte Santamaria, Senior Director of Planning and Environmental
Resources, provided information to the Board as far as the dollar figure.
Following discussion, a motion for approval of the resolution was made by Commissioner
Carruthers and seconded by Commissioner Murphy. The motion was unanimously
approved.
RESULT:
APPROVED [UNANIMOUS] Agenda Item M.5 Resolution #315 -2016
MOVER:
Heather Carruthers, Commissioner District 3
SECONDER:
Sylvia Murphy, Commissioner District 5
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
RESOLUTION #315 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item M.6 Approval of a Stipulated Settlement Agreement between Seashime LLC, Edward
Buxton, and Cathy Buxton (collectively Petitioners), and the State of Florida,
Department of Economic Opportunity (DEO) and Monroe County, Florida
(Monroe County) (collectively, Respondents) to resolve the petition filed by the
petitioners challenging the DEO Final Order 16 -130 which approved Monroe
County Ordinance 006 -2016 adopting the revised Land Development Code,
specifically the petition relates to DEO's approval of the language added by the
Ordinance to Section 130 -165 (formerly 130-166) of the Monroe County Land
Development Code, which added a condition that in order to aggregate
development of two or more parcels, the development must be "located on
contiguous parcels of land.
This item was held by Commissione Kolhage to confirm with staff if this item was being
presented for approval by the BOCC to allow the County's Comp Plan to move forward as
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approved by the Board. Following discussion, a motion to approve the item was made by
Commissioner Kolhage and seconded by Commissioner Murphy. The motion was approved
unanimously.
RESULT:
APPROVED [UNANIMOUS] Agenda Item M.6
MOVER:
Danny Kolhage, Commissioner District 1
SECONDER:
Sylvia Murphy, Commissioner District 5
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
SOLID WASTE
Item N.1 Discussion of changes to the Specialty Hauler program
At the request of staff, this item was deleted from the agenda the day of the meeting.
RESULT: WITHDRAWN
COUNTY ADMINISTRATOR
Item S.1 County Administrators Report
Roman Gastesi, County Administrator, advised a written report was provided. Mr. Gastesi
also emphasized what a great job our permitting department is doing.
Item S.5 Authorize entering into a contract with Adventure Environmental, Inc. for
$1,524,040 for the C83 canal restoration project in Key Largo, which includes
muck removal, backfilling, and air curtain installation.
This item was held by County Attorney Bob Shillinger to clarify recommendation is for
approval of contract with the added condition that code fines are paid on the lot being used
for access with fines paid within County Attorney's settlement authority.
Steve Williams, Assistant County Attorney, responded to inquiries from the Commission and
provided a chronology of events related to this matter. Following discussion, a motion was
made by Commissioner Murphy for approval conditioned upon payment of 25% of $7500.00
plus hard cost and everything else as is. The motion was seconded by Commissioner Rice.
Following discussion, a roll-call was taken.
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.
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Item S.6 Approval of Amendment No. 13 to the contract for Engineering, Design and
Permitting Services of the Demonstration Projects, with AMEC Foster Wheeler
Environment and Infrastructure, Inc. to provide Construction Engineering,
Environmental Inspections And Construction Administration Services in the
amount of $88,612, related to Canal 483 muck removal, backfilling and air
curtain project in Key Largo, Monroe County, Florida.
This item was held by County Attorney Bob Shillinger, along with Item S5, for purposes of
clarifying staff recommendation that approval be conditioned upon payment of outstanding
code fines and hard costs. Rhonda Haag, Sustainability Coordinator, addressed the Board to
respond to the Board's inquiries. Following discussion, a motion was made by
Commissioner Murphy to approve the item conditioned upon payment of outstanding code
fines and hard costs. The motion was seconded by Commissioner Rice.
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.
Item S.7 Discussion and approval of the Board of County Commissioners monthly meeting
dates for 2017.
Following discussion, a motion was made by Commissioner Murphy to approve the meeting
schedule as follows: January - October Meetings will be held on Wednesday of the 3rd week
of the month; November meeting moved to Tuesday, November 14, 2016; and the December
meeting moved to December 13, 2016 (2nd week of the month). The motion was seconded
by Commissioner Carruthers and approved unanimously.
RESULT:
APPROVED [UNANIMOUS] Agenda Item S.7
MOVER:
Sylvia Murphy, Commissioner District 5
SECONDER:
Heather Carruthers, Commissioner District 3
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
Item S.8 Approval of First Amendment to agreement with Anfield Consulting to
retroactively extend the termination date of the former agreement through August
17, 2016, for strategic governmental consulting and lobbying services on behalf
of Monroe County in the legislative and executive branches of State government.
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Prior to Lisa Tennyson, Legislative Affairs Director, setting the stage for S14,
Commissioner Murphy moved item S8 a related item to S14 for approval,
seconded by Commissioner Carruthers.
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.
Item 5.10 Review and discussion of the draft Final Report of the tidal flooding roads
demonstration projects.
Erin L. Deady, P.A. provided a presentation of Tidal Flooding Roads Demonstration Projects
to the Board. Rhonda Haag, Sustainability Coordinator also addressed the Board, along with
Assistant County Administrator Christine Hurley. Following the presentation, Mike Flood,
public speaker addressed the Board. No action was taken by the Board on this matter.
Item 5.11 Authorize entering into Amendment No. 9 with Erin L. Deady, P.A. to provide a
60 day extension of time and to add $30,740.00 in additional tasks to complete the
Pilot Roads Project.
This item was held by Commissioner Kolhage. Rhonda Haag, Sustainability Coordinator,
addressed the Board to answer Commissioner Kolhage's questions pertaining to the total
amount. Following discussion, a motion to approve was made by Commissioner Carruthers,
seconded by Commissioner Murphy and approved unanimously.
Item 5.14 Approval of new annual agreement with Anfield Consulting, Inc. For lobbying
services on behalf of Monroe County in the legislative and executive branches of
State government effective December 1, 2016.
Lisa Tennyson, Legislative Affairs Director, set the stage. A motion to approve was made by
Commissioner Murphy and seconded by Commissioner Carruthers.
A Roll-Call was taken by the Clerk with the following results:
Commissioner Carruthers Yes
Commissioner Kolhage No
Commissioner Murphy Yes
Commissioner Rice Yes
Mayor Neugent Yes
Motion Carried.
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COUNTY ATTORNEY
Item T.1 County Attorney Report for November 2016
County Attorney Bob Shillinger advised the Board a written report was provided as part of
the agenda backup. Mr. Shilinger advised the Board he had been selected to serve on the
Selection Committee who would be selecting a permanent manager for the Gulf Consortium
and wanted to ensure the Board was supportive of his participation. Following discussion,
the Board offered their support for his participation on the Selection Committee. County
Attorney Shillinger also briefed the Board on current legislative efforts regarding media
technology which had been attempted in the past The County Attorney also discussed the
annual appointment of Commissioners to attend /sit on the various Advisory Boards, Councils
and Committees. Commissioner Sylvia Murphy expressed her desire for staff to research
each Advisory Board, Council and Committee to determine if attendance, participation by a
Commissioner was statutorily required, incorporated by way of by -laws, etc. in an effort to
reduce unnecessary travel and attendance at the multitude of various meetings. County
Attorney Shillinger advised the Board, staff would research and identify applicable
participation requirements for each Council, Board or Committee that are included on the
current annual list.
Item T.3 Approval of a mediated settlement agreement for Circuit Court case no.: 14 -CA-
415-P, styled Monroe County v. Gilbert L. Sanchez and Dalia Sanchez, regarding
real property located at 224 Tarpon Street, Tavernier, Florida.
Steve Williams, Assistant County Attorney, addressed the Board recommending acceptance
of the settlement agreement. Robert Cintron, Esq., attorney for the defendants, then
addressed the Board on behalf of his clients, followed by co- defendant Dalia Sanchez.
Following discussion, a motion was made by Commissioner Carruthers to approve the
settlement agreement which was seconded by Commissioner Kolhage.
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.
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Item T.4 Approval of Third Amendment to contract, with State of Florida, Division of
Administrative Hearings, who sits as Special Magistrate for Code Compliance
hearings and other matters, governing provision of video teleconferencing
equipment.
This item was deleted from the agenda the day of the meeting by Assistant County
Administrator Christine Hurley.
RESULT: WITHDRAWN
Item T.7 Request to hold an Attorney- Client Closed Session in the matter of Monroe
County v. Zamindari Investments, Inc., et al., Case No. 14 -CA -165 -M at the
December 14, 2016 BOCC meeting in Key Largo at 1:30 p.m. or as soon
thereafter as may be heard.
Bob Shillinger, County Attorney, read the script into the record requesting a closed session at
1:30 p.m. on December 14, 2017 in Key Largo, FL. A motion was made by Commissioner
Rice to approve holding the closed session as requested by staff. The motion was seconded
by Commissioner Carruthers and approved unanimously.
RESULT: APPROVED [UNANIMOUS] Agenda Item T.7
MOVER: David Rice, Mayor Pro Tem/Commissioner District 4
SECONDER: Heather Carruthers, Commissioner District 3
AYES: Carruthers, Neugent, Kolhage, Murphy, Rice
Item T.8 Authorization to initiate litigation against Norman Wartman and the property
located at Kawama Condominium Bldg. R Unit 3, Key Largo, and upon any and
all other real and /or personal property owned by Norman Wartman, if necessary,
to compel compliance with County Ordinances and enforce the lien arising from
code compliance case number CE13070079.
This item was held by Commissioner Carruthers who expressed her concerns. Steve
Williams, Assistant County Attorney, responded to Commissioner Carruther's questions and
concerns, as well as those of the other Commissioners. Mimi Stafford, public speaker, then
addressed the Board. Following discussion, a motion was made by Commissioner Kolhage
to authorize the County Attorney to initiate litigation upon receipt of a decision from the
Court on those cases pending appeal. The motion was seconded by Commissioner
Carruthers and approved unanimously.
RESULT:
APPROVED [UNANIMOUS] Agenda Item T.8
MOVER:
Danny Kolhage, Commissioner District 1
SECONDER:
Heather Carruthers, Commissioner District 3
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
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PUBLIC HEARINGS
Item U.1 An ordinance by the Monroe County Board of County Commissioners amending
the Monroe County Land Use District (Zoning) Map from Suburban Commercial
(SC) to Mixed Use (MU), for property located at 28500 & 28540 Overseas
Highway, Little Torch Key, Mile Marker 28.5 oceanside, legally described as
parcels of land in a part of U.S. Government Lot 6, Section 28, Township 66
South, Range 29 East, Little Torch Key, Monroe County, Florida, having real
estate numbers 00113570- 000000, 00113570- 000100, 00113570- 000200,
00113590- 000000 and 00113620- 000000, as proposed by Patrick R. And Diane
Colee, Dolphin Marina Associates LTD and Torch Key Properties LTD; ).
REQUEST TO CONTINUE TO FEBRUARY 15, 2017 BOCC MEETING.
Bob Shillinger, County Attorney, noted staffs recommendation to continue this Public
Hearing to the February 15, 2017 BOCC Meeting in Key West, FL. Donna Bosold addressed
the Board as a public speaker. A motion was made by Commissioner Kolhage to approve the
continuance, seconded by Commissioner Carruthers and approved unanimously.
RESULT:
TABLED [UNANIMOUS] Agenda Item U.1 Next: 2/15/2017 9:00 AM
MOVER:
Danny Kolhage, Commissioner District 1
SECONDER:
Heather Carruthers, Commissioner District 3
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
Item U.2 An ordinance of the Monroe County Board of County Commissioners amending
Section 130 -165 (formerly 130-166) of the Monroe County Land Development
Code (LDC) adopted on April 13, 2016 to satisfy a stipulated settlement
agreement between Seashine LLC, Edward Buxton, and Cathy Buxton
(petitioners), and the State of Florida, Department of Economic Opportunity
(DEO) and Monroe County, Florida (Monroe County); providing for severability;
providing for the repeal of conflicting provisions; providing for transmittal to the
State Land Planning Agency and the Secretary of State; providing for inclusion in
the Monroe County Code; providing for an effective date.
A motion to approve the ordinance was made by Commissioner Rice, seconded by
Commissioner Murphy and approved unanimously.
RESULT: APPROVED [UNANIMOUS] Agenda Item U.2 Ordinance #030 -2016
MOVER: David Rice, Mayor Pro Tem/Commissioner District 4
SECONDER: Sylvia Murphy, Commissioner District 5
AYES: Carruthers, Neugent, Kolhage, Murphy, Rice
ORDINANCE #030 -2016 IS INCORPORATED HEREIN BY REFERENCE
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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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