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10/19/2016 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2016 Regular Meeting Board of County Commissioners Wednesday, October 19, 2016 Marathon, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. at the Marathon Government Center. Present and answering to roll call were Commissioner Danny Kolhage, Commissioner Sylvia Murphy, Commissioner George Neugent, Commissioner David Rice, and Mayor Heather Carruthers. Also present at the meeting were Bob Shillinger, County Attorney; Roman Gastesi, County Administrator; Cheryl Robertson, Deputy Clerk; county staff and members of the general public. ADDTIONS, CORRECTION, DELETIONS Item A.1 Approval of agenda. A copy of the approved changes is attached at the end of these minutes for reference. RESULT: Approved [UNANIMOUS] Agenda Item A.l MOVER George Neugent, Mayor Pro Tem/Commissioner District 2 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice PRESENTATION OF AWARDS Item B.1 Monroe County Commission recognition of Bill Grant and his retirement after 34 years with Monroe County. Bill Grant present to received his retirement award after 34 years with Monroe County. Item B.2 Recognition of November 2016 as National Adoption Awareness Month in Monroe County. Wesley House Staff present in recognition of the award. BULK APPROVALS Mayor Heather Carruthers addressed the audience regarding the Rules of Bulk Approval's items. Motion was made by Mayor Carruthers and seconded by Commissioner Neugent granting approval of the following bulk items (C.1 through S.5). Motion passed unanimously. Item C.1 Board approved request that the BOCC ratify the contract for Emergency Boiler Replacement at the Stock Island Jail. 10/19/2016 Pagel MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2016 Item C.2 Board granted approval of first amendment to the contract with Evergreen Solutions, LLC, the company retained to analyze the impact of establishing a minimum $15 /hour wage for all county employees and the impact of that change to the pay plan, to allow extra time to coordinate with internal management. Item C.3 Board granted approval of a resolution appointing the Senior Coordinator, County Attorney's Office, as the County's Records Management Liaison Officer (RMLO) to serve as a point of contact between the agency and the Division of Library and Information Services' records management program; authorization of the County Administrator or his designee to sign all other necessary documents. RESOLUTION #195 -2016 IS INCORPORATED HEREIN BY REFERENCE Item CA Board granted approval to add one (1) full -time equivalent in order for Fleet Department to provide maintenance and inspection for County's Fire apparatus located at eight (8) fire stations from Stock Island to Tavernier. Item C.5 Board granted approval of Resolution waiving Section 7.01(c)(1) of the Personnel Policies and Procedures Manual (annual leave earned in excess of 320 hours leave balance) for Card Sound Road Toll Authority employees contingent upon prior written approval of Department Head and Assistant County Administrator on a case -by -case basis. RESOLUTION #196 -2016 IS INCORPORATED HEREIN BY REFERENCE Item C.6 Board granted approval of Lease Amendment and Extension with Avis Budget Car Rental, LLC for their Car Rental Preparation Facility at The Key West International Airport extending the term of contract through December 31, 2022 and increasing the annual rent to $80,388.24, plus tax. Item C.7 Board granted approval to combine Avis and Budget Rental Car Concession Agreements into one agreement for the continued non - exclusive right to operate an automobile rental concession at and from the Key West International Airport, providing $47,168.16 annual rent based on the current airport rates and charges plus taxes and 10% concession fee on gross revenue. The term of this agreement will begin January 1, 2008 and will expiring December 31, 2022. Item C.8 Board granted ratification and approval of Federal Aviation Administration AIP Grant Agreement 43 -12- 0037 - 053 -2016 providing funding to Rehabilitate Commercial Apron - Construction ($9,087,485.00), Airfield Drainage Improvement Phase 2 &3 Construction ($1,831,446.00), and Rehabilitate Runway 9/27 Pavement and Lighting- Design($609,803.00) at the Key West International Airport. The project will be funded 90% by FAA,5% FDOT (grant 4GOE46), and 5% Passenger Facility Charges. 10/19/2016 Page 2 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2016 Item C.9 Board granted ratification and approval of State of Florida Department of Transportation Supplemental Joint Participation Agreement Number Three to Contract Number AQH10 providing increased funding of $1,464,000.00 for continued renovations and upgrades to the Customs and Border Protection terminal building at the Key West International Airport, to be funded 50% FDOT and 50% Airport Operating funds. Item C.10 Board granted ratification and approval of State of Florida Department of Transportation Supplemental Joint Participation Agreement Number Two to Contract Number ARK80 providing increased funding of $1,000,000.00 to continue to improve safety at the Florida Keys Marathon International Airport by removing 11 aircraft shade hangar's from the runway protection zone and constructing 11 new storage hangars on the south side of Runway 7 -25, to be funded 80% FDOT and 20% Marathon Airport Operating funds. Item C.11 Board granted approval of Resolution approving Amendment 1 to the Traffic Signal Maintenance and Compensation Agreement and approving Attachment 1, Revised Terms and Conditions for the Traffic Signal Maintenance and Compensation Agreement between the Florida Department of Transportation and Monroe County. RESOLUTION #197 -2016 IS INCORPORATED HEREIN BY REFERENCE Item C.12 Board granted ratification and approval of State of Florida Department of Transportation Joint Participation Agreement Number GOE76 providing funding of $386,000.00 for the purchase of Essential Airport Equipment at the Florida Keys Marathon International Airport, to be funded 80% FDOT and 20% Marathon Airport operating funds. Item C.13 Board granted ratification and approval of State of Florida Department of Transportation Joint Participation Agreement Number GOE77 providing funding of $300,000.00 for Planning Studies at the Key West International Airport, to be funded 50 %FDOT and 50% Key West International Airport operating funds. Item C.14 Board granted approval of Time Extension only(no increase in original cost) with Jacobs Project Management Co. For Task Order No. 12/14 -49 Services Authorized: Conceptual Drainage Study at the Florida Keys Marathon International Airport. Item C.15 Board granted approval of Jacobs Project Management Co.' s Task Order No. 12/14 -62 for the Services Authorized: Noise Insulation Program -Phase 1 PSO462 in the amount of $97,840.00 to be funded by FAA Grant 4037 -52 (90 %) and Passenger Facility Charge(PFC)(10 %). 10/19/2016 Page 3 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2016 Item C.16 Board granted approval of Jacobs Project Management Co.' s Task Order No. 12/14 -64 for the Services Authorized: Strengthen/ Rehabilitate Commercial Apron Construction Support and RPR Services PSO464 in the amount of $840,355.00 to be funded by FAA Grant 4037 -53 (90 %), FDOT grant 4GOE46 (5 %), and Passenger Facility Charge(PFC) (5 %). Item C.17 Board granted approval of Jacobs Project Management Co.' s Task Order No. 12/14-69, PSO 469 for the Services Authorized: Rehabilitation Runway 9 -27 for design, permitting and bidding support services in the amount of $675,310.00 to be funded by FAA Grant 4 037 - 53(90 %), FDOT 4GOE40(5 %), and Airport Operating Fund 404(5 %). Item C.18 Board granted approval of THC, Inc. Professional Service Order 42 for the: Implementation of Noise Insulation Program - (2016 -2017 Phase 1 Design, Design Review and Bid Services) in the amount of $1,327,211.04 to be funded by FAA 4037 - 52(90 %), and Airport Operating Funds (10 %). PFC Application 417 pending. Item C.20 Board granted ratification of the Amended Concessions Lease with DTG Operations, Inc (item C -4, approved on 09/21/2016), to now include Exhibit A, which was previously not included. Item C.21 Board granted ratification of the Amended Concessions Lease with Hertz Corporation (item C -5, approved on 09/21/2016), to now include Exhibit A, which was previously not included. Item C.22 Board granted approval for the Key West, Marathon, and Key Largo Branch Libraries to close at 6:00 pm on Wednesday, November 23, 2016. Item C.23 Board granted approval of the Radiological Emergency Preparedness Agreement: Approval of an agreement between the Florida Power and Light Company (FPL) and the Monroe County Board of County Commissioners (BOCC) in the amount of $273,156.00, fully funded and no county match, concerning Radiological Emergency Preparedness for Fiscal Year 2017 and Fiscal Year 2018, and authorization for the County Administrator to execute any other required documentation in relation to the application process. Item C.24 Board granted ratification and approval of State of Florida Department of Transportation Joint Participation Agreement Number GOE40 providing funding of $34,000.00 for Runway Rehab and Lighting Design at the Key West International Airport, to be funded 50% FDOT and 50% EYW Airport Operating. 10/19/2016 Page 4 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2016 Item C.25 Board granted approval of Interlocal Agreement (ILA) between Florida Keys Aqueduct Authority (FKAA) and Monroe County for use of the Freeman Justice Center secured south parking lot parcel that is owned and operated by FKAA for the placement of the County's Chillers. Item C.26 Board granted ratification and approval of State of Florida Department of Transportation Joint Participation Agreement Number GOE46 providing funding of $510,000.00 for Commercial Apron Rehab at the Keys West International Airport, to be funded 50% FDOT and 50% Passenger Facility Charges. Item C.27 Board granted approval of Ratification of Nutrition Services Incentive Program (NSIP) Contract US -1651 between the Alliance for Aging, Inc., and Monroe County BOCC /Monroe County Social Services for the contract year 2015 -2016 (10101115 - services end on 12/31/16; contract ends on 02/15/2017) in the amount of $42,766.48. Item C.28 Board approved receipt of monthly report on change orders reviewed by the County Administrator's office. Item C.29 Board granted approval to increase the fee structure for the use of Government meeting rooms, and Channel 76 televising costs for FY17. The fee for TV Technicians will increase from $31.74/hr. to $38.08/hr. and the overtime rate will increase from $47.61/hr. to $57.12/hr. There will be no increase in facilities, equipment costs or Maintenance Technician fees. Approval of updated Hold Harmless and Indemnity Agreement and Request for Use of County Property in Monroe County, Florida. Item C.30 Board granted approval of Fifth Amendment to Lease Tropical Watersports The parties now desire to reduce the Lessee's leasehold area by discontinuing the use of Area 3, ( "Concessions Storage ") and Area 2, ( "Sailboat Storage Area "), as depicted on Exhibit "A" dated September 27, 2011 and increase the Lessee's leasehold area by designating an area for the parking of a road ready mobile storage container ( "Mobile Storage Trailer "), in the Higgs Beach parking area, as depicted on Exhibit "B" as Area 2, ( "Concession Storage Trailer "); and Lessee agrees to keep the Mobile Storage Trailer licensed, registered, and in a road ready condition. Revenue payments made to the County remain at $2,131.63 /month plus sales and usage tax, or 10% of gross revenue, whichever is greater. 10/19/2016 Page 5 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2016 Item C.31 Board granted approval of 2nd Amendment 1st Renewal EEG Approval of 2nd Amendment 1 st Renewal Agreement with CPI -U adjustment of .7% with E E & G Environmental Services, LLC. for professional beach cleaning, maintenance and beautification, Higgs Beach, Key West including the children's fenced in play area/beach side on weekends (Saturdays and Sundays). Monthly fees will increase by .7 %, the CPI -U at December 31, 2015. The contract amount is adjusted .7% from $11,243.66/mo. to $11,322.37/mo., (including equipment costs and dumping fees) and from $700.56 per hour emergencies to $705.47/hr. with an effective date of December 01, 2016. Item C.33 Board granted approval of 1st Renewal with Master Mechanical for A/C maintenance and repair services for the Upper Keys commencing on December 01, 2016 and terminates November 30, 2017; labor costs to increase by .7% CPI - U. Regular rates, $51.61 per hour, mechanic to $51.98 per hour, $95.48 per hour, mechanic plus helper to $96.15 per hour. Overtime rate; $77.42 per hour, mechanic to $77.97 per hour, $143.23 per hour, mechanic plus helper to $144.24 per hour. Item C.34 Board granted approval of 1st Renewal Amendment with Sub -Zero for Lower Keys Air Conditioning Maintenance and Repair to increase the contract amount by CPI -U adjustment of .7 %. The renewal term will commence on November 01, 2016 and ends on October 31, 2017. Labor Costs Increase Regular Rates of Mechanic From $85.00 per hour to $85.60 per hour, mechanic plus helper from $125.00 per hour to $125.88 per hour. Increase overtime rates of mechanic from $125.00 per hour to $125.88 per hour, mechanic plus helper from $145.00 per hour to $146.02 per hour. Item C.35 Board granted approval of Renewal Amendment Agreement with CPI -U adjustment of .7% with Stockton Maintenance Group, Inc., for janitorial services at Dept. Of Juvenile Justice and Key West Library and day porter janitorial services at the Harvey Government Center (excluding the Tax Collector's Office areas) and the Monroe County Social Services Key West Nutrition Site. Contract will commence November 1, 2016 and terminate October 31, 2017. Totaling $7,531.55 per month. Item C.36 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 #198 -2016 receipt of unanticipated funds for Fund 125 Resolution #199 -2016 receipt of unanticipated funds for Fund 125 Resolution #200 -2016 receipt of unanticipated funds for Fund 125 Resolution #201 -2016 receipt of unanticipated funds for Fund 404 Resolution #202 -2016 receipt of unanticipated funds for Fund 406 10/19/2016 Page 6 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2016 Resolution #203 -2016 receipt of unanticipated funds for Fund 406 Resolution #204 -2016 receipt of unanticipated funds for Fund 404 Resolution #205 -2016 receipt of unanticipated funds for Fund 403 Resolution #206 -2016 receipt of unanticipated funds for Fund 403 Resolution #207 -2016 receipt of unanticipated funds for Fund 403 Resolution #208 -2016 receipt of unanticipated funds for Fund 404 Resolution #209 -2016 receipt of unanticipated funds for Fund 404 Resolution #210 -2016 receipt of unanticipated funds for Fund 403 Resolution #211 -2016 receipt of unanticipated funds for Fund 403 Resolution #212 -2016 transfer of funds for Fund 403, 404, & 406 Resolution #213 -2016 rollover of unanticipated funds for Fund 403 Resolution #214 -2016 rollover of unanticipated funds for Fund 403 Resolution #215 -2016 rollover of unanticipated funds for Fund 403 Resolution #216 -2016 rollover of unanticipated funds for Fund 403 Resolution #217 -2016 rollover of unanticipated funds for Fund 403 Resolution #218 -2016 rollover of unanticipated funds for Fund 403 Resolution #219 -2016 rollover of unanticipated funds for Fund 403 Resolution #220 -2016 rollover of unanticipated funds for Fund 403 Resolution #221 -2016 rollover of unanticipated funds for Fund 404 Resolution #222 -2016 rollover of unanticipated funds for Fund 404 Resolution #223 -2016 rollover of unanticipated funds for Fund 404 Resolution #224 -2016 rollover of unanticipated funds for Fund 404 Resolution #225 -2016 rollover of unanticipated funds for Fund 406 Resolution #226 -2016 transfer of funds for Fund 403,404, & 406 Resolution #227 -2016 transfer of funds for Fund 001 Resolution #228 -2016 transfer of funds for Fund 304 Resolution #229 -2016 receipt of unanticipated funds for Fund 125 Resolution #230 -2016 rollover of unanticipated funds for Fund 125 Resolution #231 -2016 rollover of unanticipated funds for Fund 125 Resolution #232 -2016 receipt of unanticipated funds for Fund 150 Resolution #233 -2016 rollover of unanticipated funds for Fund 125 Resolution #234 -2016 rollover of unanticipated funds for Fund 125 Resolution #235 -2016 rollover of unanticipated funds for Fund 125 Resolution #236 -2016 receipt of unanticipated funds for Fund 125 Resolution #237 -2016 rollover of unanticipated funds for Fund 125 Resolution #238 -2016 rollover of unanticipated funds for Fund 125 Resolution #239 -2016 rollover of unanticipated funds for Fund 125 Resolution #240 -2016 rollover of unanticipated funds for Fund 125 Resolution #241 -2016 rollover of unanticipated funds for Fund 125 Resolution #242 -2016 rollover of unanticipated funds for Fund 125 Resolution #243 -2016 rollover of unanticipated funds for Fund 125 Resolution #244 -2016 rollover of unanticipated funds for Fund 125 Resolution #245 -2016 rollover of unanticipated funds for Fund 125 Resolution #246 -2016 rollover of unanticipated funds for Fund 125 10/19/2016 Page 7 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2016 Resolution #247 -2016 rollover of unanticipated funds for Fund 125 Resolution #248 -2016 rollover of unanticipated funds for Fund 125 Resolution #249 -2016 rollover of unanticipated funds for Fund 125 Resolution #250 -2016 rollover of unanticipated funds for Fund 125 Resolution #251 -2016 rollover of unanticipated funds for Fund 125 Resolution #252 -2016 rollover of unanticipated funds for Fund 125 Resolution #253 -2016 rollover of unanticipated funds for Fund 125 Resolution #254 -2016 rollover of unanticipated funds for Fund 125 Resolution #255 -2016 rollover of unanticipated funds for Fund 125 Resolution #256 -2016 rollover of unanticipated funds for Fund 125 Resolution #257 -2016 rollover of unanticipated funds for Fund 125 Resolution #258 -2016 rollover of unanticipated funds for Fund 125 Resolution #259 -2016 rollover of unanticipated funds for Fund 125 Resolution #260 -2016 rollover of unanticipated funds for Fund 125 Resolution #261 -2016 rollover of unanticipated funds for Fund 125 Resolution #262 -2016 rollover of unanticipated funds for Fund 414 Resolution #263 -2016 rollover of unanticipated funds for Fund 125 Resolution #264 -2016 rollover of unanticipated funds for Fund 125 Resolution #265 -2016 rollover of unanticipated funds for Fund 125 Resolution #266 -2016 rollover of unanticipated funds for Fund 414 Item C.40 Board granted approval of FY17 agreements with Florida Keys Outreach Coalition and Samuel's House 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 C.42 Board granted approval of a Resolution to prohibit parking on the county right -of- way on Magnolia Street in Key Largo. RESOLUTION #273 -2016 IS INCORPORATED HEREIN BY REFERENCE Item D.1 Board granted approval on an Agreement with Mote Marine Laboratory, Inc. Covering the Mote Marine - Coral Reef Restoration at Key West Project, in an amount not to exceed $92,750, DAC I, FY 2017 Capital Resources. Item D.2 Board granted approval on an Agreement with Mote Marine Laboratory, Inc. Covering the Mote Marine - Coral Restoration - Lower Keys Project in an amount not to exceed $54,000, DAC II, FY 2017 Capital Resources. Item D.3 Board granted approval of and Agreement with the Dolphin Research Center, Inc. Covering the DRC - Sign Restoration Project in an amount not to exceed $15,500, DAC III, FY 2017 Capital Resources. 10/19/2016 Page 8 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2016 Item DA Board granted approval of an Agreement with Dolphin Research Center, Inc. Coving the DRC - ADA Walkway, Landscaping and Fencing of Welcome Center Project in an amount not to exceed $24,500, DAC III, FY 2017 Capital Resources. Item D.5 Board granted approval of an Agreement with Pigeon Key Foundation, Inc. Covering the Pigeon Key Section Gang Building Wall Repairs in an amount not to exceed $15,000, DAC III, FY 2017 Capital Resources. Item D.6 Board granted approval of an Agreement with The Coral Restoration Foundation, Inc. Covering the CRF - Coral Restoration - Marathon project in an amount not to exceed $36,000, DAC III, FY 2017 Capital Resources. Item D.7 Board granted approval of an agreement with The Coral Restoration Foundation, Inc. Covering the CRF - Coral Restoration - Lower Keys in an amount not to exceed $24,570, DAC II, FY 2017 Capital Resources. Item D.8 Board granted approval of an Agreement with The Coral Restoration Foundation, Inc. Covering CRF - Coral Restoration - Key West Project in an amount not to exceed $18,000, DAC I, FY 2017 Capital Resources. Item D.9 Board granted approval of an agreement with The Coral Restoration Foundation, Inc. Covering the CRF - Coral Restoration - Islamorada Project in an amount not to exceed $15,570, DAC IV, FY 2017 Capital Resources. Item D.10 Board granted approval of an agreement with The Coral Restoration Foundation, Inc. Covering the CRF - Coral Restoration - Key Largo Project in an amount not to exceed $112,500, DAC V, FY 2017 Capital Resources. Item D.11 Board granted approval of Fishing Umbrella Event Agreements for FY 2017 as per attached spreadsheet totaling $423,000. Item D.12 Board granted approval of Cultural Umbrella Event Agreements for FY 2017 as per attached spreadsheet totaling $733,943. Item D.13 Board granted approval of an agreement with Reef Environmental Education Foundation Incorporated Covering the REEF Marine Conversation Center Project in an amount not to exceed $34,900, DAC V, FY 2017 Capital Resources. Item D.14 Board granted approval of an agreement with Island Dolphin Care, Inc Covering New Dock System Project in an amount not to exceed $22,500, DAC V, FY 2017 Capital Resources. 10/19/2016 Page 9 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2016 Item D.15 Board granted approval of an agreement with Florida Keys History and Discovery Foundation, Inc. Covering the Jerry Wilkinson Research Library Project in an amount not to exceed $10,300, DAC IV, FY 2017 Capital Resources. Item D.16 Board granted approval of DAC II Destination Event Agreements for FY 2017 as per attached spreadsheet totaling $25,000. Item D.17 Board granted approval of an Agreement with Florida Keys Community College and the Letters "FKCC" covering the Tennessee Williams Theater - Stage Improvements Project in an amount not to exceed $600,000, DAC I, FY 2017 Capital Resources. Item D.18 Board granted approval is requested to fund The Florida Keys History of Diving Museum, Inc. In an amount not to exceed $21,500, DAC IV, FY 2017 Capital Resources for the Exhibit - Enhancement and Revitalize Evolution of SCUBA project. Item D.19 Board approved announcement Development Council District H appointment. of one vacant position on the Tourist Advisory Committee for one "At Large" Item D.20 Board granted approval of DAC III Destination Event Agreements for FY 2017 as per attached spreadsheet totaling $150,000. Item D.21 Board granted approval of an Agreement with Key West Art and Historical Society, Inc. Covering the Custom House Henry Flagler Exhibit Renovation Project, in an amount not to exceed $20,441, DAC I, FY 2017 Capital Resources. Item D.22 Board granted approval of an Agreement with Key West Art and Historical Society, Inc. Covering the Key West Custom House Masonry Restoration Project, in an amount not to exceed $127,310, DAC I, FY 2017 Capital Resources. Item D.23 Board granted approval of Agreement with the City of Marathon for the Coco Plum Beach Restroom project in an amount not to exceed $77,425, DAC III, FY 2017 Capital Project funding. Item D.24 Board granted approval of an Agreement with the City of Marathon for Beach Cleaning /Maintenance services for two (2) years in the amount of $114,000 per year, DAC III, Capital Resources. Item D.25 Board granted approval of DAC IV Destination Event Agreements for FY 2017 as per attached spreadsheet totaling $80,000. Item D.26 Board granted approval of DAC V Destination Event Agreements for FY 2017 as per attached spreadsheet totaling $30,000. 10/19/2016 Page 10 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2016 Item D.27 Board granted approval of Multiple District Event Agreements for FY 2017 as per attached spreadsheet totaling $60,000. Item D.28 Board granted approval of District I Event Agreements for FY 2017 as per attached spreadsheet totaling $476,000. Item D.29 Board granted approval of DAC I Turnkey Event Agreements for FY 2017 as per attached spreadsheet totaling $360,000. Item D.30 Board granted approval of DAC V Turnkey Event Agreements for FY 2017 as per attached spreadsheet totaling $90,000. Item D.31 Board granted approval of DAC IV Turnkey Event Agreements for FY 2017 as per attached spreadsheet totaling $80,000. Item D.32 Board granted approval of an Agreement with Key West Tourist Development Association, Inc. Covering Fantasy Fest in October 2017 in an amount not to exceed $140,000 (DAC I = $120,000, DAC II = $20,000) FY 2017 Event Resources. Item L.2 Board granted approval of Amendment No. 2 to Contract between Dot Palm Landscaping, Inc. and Monroe County, extending the existing contract to May 12, 2017, in an amount of $85,000 ($70,00 grant funded and $15,000 County Restoration Funds), for invasive exotic plan removal from County and Land Authority owned parcels. Item L.3 Board granted approval of Amendment No. 2 to Contract between Earthbalance Corporation and Monroe County, extending the existing contract to May 12, 2017, in an amount of $85,000 ($70,00 grant funded and $15,000 County Restoration Funds), for invasive exotic plan removal from County and Land Authority owned parcels. Item LA Board granted approval of 3rd amendment to contract with Lori Lehr in the amount of $412,500, with $296,250 in FY 17 and $116,250 in FY 18 to accomplish activities that are needed for FY 17 and FY 18 CRS recertification and presentation of status of Monroe County Federal Emergency Management Agency (FEMA) Community Rating System (CRS) application, and two year plan to improve CRS rating, which is expected to save National Flood Insurance Program policy holders $4,608,340 beginning in FY17 and $5,394,770 annually beginning in FY18. 10/19/2016 Page 11 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2016 Item L.5 Board granted approval of a resolution authorizing Unlicensed Contractor Investigator Inspector Susan Grant to issue citations for disposition in County Court. RESOLUTION #270 -2016 IS INCORPORATED HEREIN BY REFERENCE Item L.6 Board approved Construction Board of Adjustments and Appeals - Reappointment - Mr. Peter Pike (Architect). Item L.7 Board approved a request for a Special BOCC Meeting on December 6, 2016 to discuss the recommendations of the Affordable Housing Advisory Committee (AHAC). Item L.8 Board granted approval of agreement for Professional Services between Bender Consulting Services, Inc., and Monroe County in an amount not to exceed $25,000 for services related to FEMA's revision of Monroe County's Federal Insurance Rate Maps (FIRMS) and Physical Map Revisions (PMR's) and coastal remapping to be provided in draft form during fiscal year 2017 and adopted in fiscal year 2019. Item N.2 Board granted approval of the reappointment of Michael Shields to the Monroe County Library Advisory Board. Item N.3 Board granted approval of the appointment of James (Jim) Olive to the Marine & Port Advisory Board. Item NA Board granted approval of the reappointment of Elizabeth Lustberg to the Monroe County Planning Commission. Item N.5 Board granted approval of the reappointment of Jeffrey Harwell to the Monroe County Art in Public Places Board. Item N.7 Board granted approval of the reappointment of Paul Armstrong to the South Florida Behavioral Network. Item N.8 Board granted approval of the reappointment of Ken Naylor to the Affordable Housing Advisory Committee (For -Profit provider of affordable housing, District 3. Item N.9 Board granted approval to reappoint Beth Kaminstein to the Art In Public Places Committee, representing District 4. Item N.10 Board granted approval to reappoint Eric Anderson to the Art in Public Places Committee. His term will expire November 1, 2020. 10/19/2016 Page 12 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2016 Item N.11 Board granted approval to reappoint George McHugh to the Library Advisory Board. His term will expire November 1, 2020. Item N.12 Board granted approval to reappoint Bob Johnson to the Human Services Advisory Board. His term will expire November 1, 2018. Item N.13 Board granted approval to reappoint Mimi Stafford to the Marine & Port Advisory Committee. Her term will expire November 1, 2020. Item 0.1 Board approved Clerk's Report: 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 0.2 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 0.3 Board granted approval of Tourist Development Council expenses for the month of August 2016. Item 0.4 Board granted approval of BOCC Warrants (Including Payroll) for the Month of August 2016. Item P.5 Board approved ratification of two (2) small contracts signed by the County Administrator. Item P.6 Board approved ratification of Thomas Murray & Associates Small Contract signed by the County Administrator for the amount of $10,500.00. Item P.7 Board granted approval of Second Amendment to current agreement with Capitol Group, Inc. (Robert Reyes) to retroactively extend that agreement through September 30, 2016, for continuing strategic governmental consulting and lobbying services on behalf of Monroe County in the legislative and executive branches of State Government. Item P.9 Board granted approval of Third Amendment to current agreement with Peebles - Smith, LLC and Capitol Insight, LLC terminating early the current agreement for continuing strategic governmental consulting and lobbying services on behalf of Monroe County in the legislative and executive branches of State government as of September 30, 2016. Item P.10 Board granted approval of new annual agreement with Peebles and Smith (John Wayne Smith) and Gray Robinson (Dean Cannon) for continuing strategic governmental consulting and lobbying services on behalf of Monroe County in the legislative and executive branches of State government effective October 1, 2016. 10/19/2016 Page 13 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2016 Item Q.2 Board granted approval of Second Amendment to Agreement with Marr & Associates for Expert Witness Services. Item Q.3 Board approved authorization to initiate litigation against Freddy E. Demeritt and Milagros C. Demeritt and the property located at 802 Largo Rd., Key Largo, Florida, to seek compliance with the County code and enforce a lien arising from Code Compliance wastewater hookup case number CE13050020. Item Q.4 Board granted approval to enter into a contract with Nancy Stroud, Esq. The Law Firm Of Lewis, Stroud and Deutsch, P.L., to serve as outside legal counsel to review and report on the Monroe County Sign Code. Item Q.5 Board approved authorization to initiate litigation against Joan P. Seipp and the property located at 214 Schooner Lane, Duck Key, and upon any and all other real and /or personal property owned by Ms. Seipp if necessary, to enforce the lien arising from code compliance case number CE08070164. Item Q.6 Board approved authorization to initiate litigation against Bank of America NA and the property located at 6 S Harbor Drive, Ocean Reef, and upon any and all other real and /or personal property owned by Bank of America NA if necessary, to gain compliance and to enforce the lien arising from code compliance case number CE11020037. Item Q.7 Board granted approval of code lien reduction for code case CE07080170, regarding real property located at 211 S Bay Harbor Drive, Key Largo, Florida 33037. Item Q.9 Board granted approval of a resolution approving the agreement for use of FY 17 Shared Asset Forfeiture Funds between Monroe County Sheriffs Office and Domestic Abuse Shelter, Inc. RESOLUTION #269 -2016 IS INCORPORATED HEREIN BY REFERENCE Item Q.10 Board granted approval of Addendum to Agreement with Municipal Code Corporation, for printing and online hosting of Monroe County Comprehensive Plan; authorization for the County Administrator or his designee to sign the Proposal. Item S.1 Board granted approval of termination of July 20, 2011 Interlocal Agreement with City of Key West for use of Douglass Community Center for the Monroe County Health Department. 10/19/2016 Page 14 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2016 Item S.2 Board granted approval of Amendment 4005 to Standard Contract AA -1629, 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) to decrease funds for In- Home respite by $20,150 and increase facility based respite by $20,150 resulting in a $0 increase, for the current contract period of 1/1/2016 to 12/31/2016. Item S.3 Board granted approval of a resolution imposing the annual solid waste assessment on an improved parcel that was erroneously omitted from the solid waste assessment roll. RESOLUTION #267 -2016 IS INCORPORATED HEREIN BY REFERENCE Item S.4 Board granted approval to apply, per County Administrative Instruction 4301.8, for the FY 2016 Assistance to Firefighters Grant (AFG) Number DHS — 16 —GPD- 044 -000 — 99— (CFDA) Number 97.044, issued by US Department of Homeland Security, Federal Emergency Management Agency (FEMA) /Grant Programs Directorate (GPD) providing funding for a heavy rescue vehicle used primarily in extrication of patients involved in major vehicle accidents, with a County match not to exceed $50,000; and authorization for the Fire Chief to execute all necessary documents in connection with the application. Item S.5 Board granted approval of first amendment to retainer agreement with Nabors, Giblin & Nickerson, P.A., to update billing rates for principals and associates. NON -BULK ITEMS Item C.19 Approval to reject bid for landscaping services at The Florida Keys Marathon International Airport. TJ Henderson, Assistant Director of Airports, addressed the Board to answer Commissioner Neugent's question regarding the difficulties of obtaining landscaping services for the airport. RESULT: APPROVED [UNANIMOUS] Agenda Item C.19 MOVER: Danny Kolhage, Commissioner District 1 SECONDER: George Neugent, Mayor Pro Tem/Commissioner District 2 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice 10/19/2016 Page 15 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2016 Item C.32 Approval of the Eighth Renewal to Agreement with the Guidance /Care Center, Inc. for use of the wastewater treatment plant by the Marathon Detention Facility. Estimated amount $10,000. Kevin Wilson, Assistant County Administrator /Public Works, addressed the Board to answer Commissioner Neugent's question. Commissioner Neugent moved the item for approval, seconded by Commissioner Kolhage. Voting Conflict Commissioner Rice A Roll-Call was taken by the Clerk with the following results: Commissioner Kolhage Commissioner Murphy Commissioner Neugent Commissioner Rice Mayor Carruthers Motion Carried. Yes Yes Yes Abstain, Voting Conflict Yes Item C.37 HSO Agreements - Approval of Fiscal Year 2017 contracts with non -profit organizations funded by the Board of County Commissioners through recommendations of the Human Services Advisory Board (HSAB). County Attorney Bob Shillinger stated there is only one subcontract within this agenda item that is of conflict (Guidance Care Center for the Heron House /subcontract J of C37). Commissioner Kolhage moved all subcontracts for approval except for J, seconded by Commissioner Rice. Motion approved unanimously. Commissioner Kolhage then moved subcontract J of C37, seconded by Commissioner Murphy. A Roll-Call was taken by the Clerk with the following results: Commissioner Kolhage Commissioner Murphy Commissioner Neugent Commissioner Rice Mayor Carruthers Motion Carried. Yes Yes Yes Abstain, Voting Conflict Yes 10/19/2016 Page 16 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2016 Item C.38 Guidance /Care Center - Approval of agreements with Guidance /Care Center for FY17 Baker Act Transportations Services, Community Transportation for the Disadvantaged, the Substance Abuse Mental Health local match funding and the Jail In -House Program. Commissioner Kolhage moved for approval, seconded by Commissioner Murphy. A Roll-Call was taken by the Clerk with the following results: Commissioner Kolhage Commissioner Murphy Commissioner Neugent Commissioner Rice Mayor Carruthers Motion Carried. Yes Yes Yes Abstain, Voting Conflict Yes Item C.39 Direct Funded Agreements - Approval of Fiscal Year 2017 contracts with Monroe Council of the Arts Corporation d /b /a Florida Keys Council of the Arts and the Historic Florida Keys Foundation, Inc. for Board of County Commissioners direct line -item funding. Commissioner Murphy moved approval, seconded by Commissioner Kolhage. A Roll-Call was taken by the Clerk with the following results: Commissioner Kolhage Commissioner Murphy Commissioner Neugent Commissioner Rice Mayor Carruthers Motion Carried. Yes Yes Yes Abstain, Voting Conflict Yes Item C.41 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. (This item was deleted from the Revised Agenda) TOURIST DEVELOPMENT COUNCIL Item D.33 Approval of one "At Large" appointment to the Tourist Development Council District V Advisory Committee. A motion was made by Commissioner Murphy to appoint Russel Yagel, seconded by Commissioner Neugent. Motion approved unanimously. 10/19/2016 Page 17 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2016 STAFF AND ADVISORY BOARD REPORTS Staff Reports were provided by: Lisa Tennyson, Legislative Affairs Director who provided a Federal & State Legislative update as well as a brief update on the Gulf Seafood situation and Kevin Wilson, Assistant County Administrator, who provided an update re: the USDA response regarding the screwworm, the Stock Island Road Improvement Project and the Stock Island Fire Station. Item E.1 Climate Change Advisory Committee Report. Alicia Betancourt, Staff Liaison to the Climate Change Advisory Committee, provided an annual report to the Commission. A slide presentation was presented by Erin Deady, consultant to Monroe County, regarding King Tide Levels. Judith Clark, Director of Engineering, addressed the Commission regarding some of the on -going road projects. FIRE & AMBULANCE DISTRICT I BOARD OF GOVERNORS Item No items submitted. TAX COLLECTOR Item H.1 Presentation of excess fee check to the County Commission. Monroe County Tax Collector Danise Henriquez presented the excess fee check to the County Commission, 2015/2016 unused fee for our tax roll $4.1 million dollars back to the county. It was further explained where those funds came from for the public. Also received the certified tax roll from the Property Appraisers Office, it is balanced to the penny and the bills will be mailed out Oct 31" for the open enrollment Nov 1 collection. PROJECT MANAGEMENT Item L 1 Discussion and direction on Habitat for Humanity's proposal that the premises located at 30320 Overseas Highway in Big Pine Key, be conveyed to Habitat in exchange for a nominal amount. Kevin Wilson, Assistant County Administrator, set the stage. Mark Moss Executive Director with Habitat for Humanity addressed the Commission with a plea. Harry Appel representing Big Pine and Deb Curlee Vice President of Last Stand addressed the Board as public speakers. Kevin Wilson responded to a couple of points mentioned by Harry Appel. Bob Shillinger County Attorney expressed to the Commission the legal options that are available. After discussion, Commissioner Murphy moved to deny Habitat for Humanity's proposal for a nominal amount, seconded by Commissioner Kolhage. F.S. 125.37 read into the record by County Attorney Bob Shillinger. After further discussion, previous motion should be to deny this and direct staff to seek solutions to be brought back to the Board for consideration. No Action taken today. 10/19/2016 Page 18 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2016 Martin Senterfitt, Monroe County Emergency Manager, addressed the Board regarding the screwworm problem as well as introducing the Incident Management Team. Dr. Greg Christy, Veterinarian Manager at Florida Department of Agriculture, addressed the lack of communication issues and Chris Young, United States Department of Agriculture, explained the response side of the issue. SOLID WASTE Item J.l Discussion and direction on potential changes to the Specialty Hauler Program Kevin Wilson, Assistant County Administrator, presented a slide presentation on the background of the program while setting the stage for discussion and direction. Greg Sullivan representing Waste Management addressed the Board as a public speaker. After discussion, a motion was made by Commissioner Kolhage to approve options 2, 3, and 4 also with any recommendations for required ordinance changes in order to enact a new proposal, seconded by Commissioner Murphy. Motion approved unanimously. ENGINEERING Item K.l Presentation by Florida Department of Transportation (FDOT) of replacement of the Key Largo mid -block pedestrian crossing at mile marker 99.7 with a High Intensity Activated Crosswalk (HAWK) beacon. Judith Clark, Director of Engineering, introduced Roman Ciera with FDOT. A slide presentation was presented regarding H.A.W.K. High Intensity Activated Crosswalk. Item K.2 Appeal by Key Haven Estates Homeowners Association of a denial of a right of way permit to perform work on the county right of way on Key Haven Road and Key Haven Terrace. Judith Clarke, Director of Engineering, set the stage. Ed Swift addressed the Board to answer the Commission's questions. Commissioner Rice moved approval, seconded by Commissioner Neugent; motion to allow Key Haven Estates Homeowners Association to do work in the right -a -way with direction of staff to coordinate on the location of rocks. Motion approved unanimously. Item K.3 Discussion and direction on whether the county should execute a maintenance memorandum of agreement (MMOA) with Florida Department of Transportation (FDOT) for landscaping on the US 1 right of way at the entrance to Key Haven execute a similar agreement with the Key Haven Estates Homeowners Association (HOA) to pass maintenance responsibilities to the HOA. 10/19/2016 Page 19 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2016 After discussion, Commissioner Kolhage moved approval, seconded by Commissioner Neugent; staff to request FDOT to fund the improvements as mentioned as well as to discuss the lack of on -going maintenance. Motion approved unanimously. PLANNING AND ENVIRONMENTAL, BUILDING AND CODE COMPLIANCE DEPARTMENTS Item L.1 Approve Memorandum of Agreement between Monroe County and Florida Department of Environmental Protection (FDEP) establishing a protocol for the County to act as agent to purchase lands within the State of Florida Forever program boundaries. A motion to approve was made by Commissioner Rice and seconded by Commissioner Murphy. A Roll-Call was taken by the Clerk with the following results: Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Yes Mayor Carruthers Yes Motion Carried Item L.9 Update of open building permits in the Monroe County permitting system. Christine Hurley, Assistant County Administrator, briefly outlined to the Commission as to where we are with the open building permit's status based on the direction over the past year. CLOSED SESSION Item M.1 An Attorney- Client Closed Session in the matter of Denenberg v. Marine Mammal Conservancy, Inc., et al., Circuit Court Case 14 -CA- 364 -P. Announced day of meeting Closed Session was no longer required. RESULT: WITHDRAWN 10/19/2016 Page 20 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2016 Item M.2 An Attorney- Client Closed Session in the matter of BOCC v. Gilbert L. Sanchez and Dalia Sanchez, Case No. CA -P -14 -415. This item was deleted from the Revised Agenda. RESULT: WITHDRAWN COMMISSIONERS' ITEMS Item N.1 A Resolution of the Board of County Commissioners opposing Amendment 1 which would authorize the Florida Legislature to diminish access or reduce the economic competitiveness of solar investments, effective January 1, 2018. Amendment No. 1 will be presented to Florida voters at the November 8, 2016 election. Michael Welber representing Solar Education Association of the Florida Keys addressed the Board as a public speaker. A motion to approve was made by Commissioner Murphy and seconded by Commissioner Rice. The motion was approved unanimously. RESULT: APPROVED [UNANIMOUS] Agenda Item N.1 Resolution #268 -2016 MOVER: Sylvia Murphy, Commissioner District 5 SECONDER: David Rice, Commissioner District 4 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice RESOLUTION #268 -2016 IS INCORPORATED HEREIN BY REFERENCE Item N.6 Approval of the reappointment of Steve Torrence to the Human Services Advisory Board (HSAB) Item withdrawn day of meeting by Mayor Carruthers. RESULT: WITHDRAWN COUNTY ADMINISTRATOR Item P.1 County Administrator Monthly Report submitted along with several verbal updates by County Administrator Roman Gastesi. Also an email was received from a resident requesting to block a public street off for a private event, a wedding. Staff's original recommendation was no and since then the resident made an appeal to the County Administrator which is now before the Board for direction. After discussion, it was determined item was not properly noticed and not enough information was provided. 10/19/2016 Page 21 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2016 Item P.2 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 deleted from the Revised Agenda. RESULT: WITHDRAWN Item P.3 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 deleted from the Revised Agenda RESULT: WITHDRAWN Item PA Discussion and direction for the County's Canal Restoration Program - in anticipation of the November 14th Special BOCC Meeting for Canal Financing Options Discussion. County Administrator Roman Gastesi set the stage. Assistant County Attorney Cynthia Hall addressed the Board laying out the timeframes involved if the Board elects to go forward with a special assessment program or storm water utility program but the only purpose for today is to get the Commission's approval for the 4 weeks advertisement for a Notice of Intent Resolution to which that public hearing will be held in December. County Attorney Bob Shillinger advised the Board a meeting is scheduled with the County's bond counsel to explore other financing options that will be presented at the scheduled November 14th special meeting regarding the County's Canal Restoration Program. There were two public speakers: Colin Hannaford, Sugarloaf Key; Stuart Schaffer, Sugarloaf Shores Property Owners Association. Following discussion, a motion was made by Commissioner Neugent to grant approval to advertise the public hearing for a Notice to Collect special assessments or storm water utility fees to which that public hearing will be held on December 14, 2016 for canals that are part of the demonstration programs and any for the properties on the canals. The motion was seconded by Commissioner Kolhage. Motion approved unanimously. 10/19/2016 Page 22 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2016 RESULT: APPROVED [UNANIMOUS] Agenda Item PA MOVER: George Neugent, Mayor Pro Tem/Commissioner District 2 SECONDER: Danny Kolhage, Commissioner District 1 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice Item P.8 Approval of new annual agreement with Capitol Group, Inc. (Robert Reyes) for continuing strategic governmental consulting and lobbying services on behalf of Monroe County in legislative and executive branches of State government effective October 1, 2016. This item was held by Commissioner Danny Kolhage regarding the conflict cause. Following discussion, a motion to approve was made by Commissioner Kolhage and seconded by Commissioner David Rice. The motion was approved unanimously without objection. RESULT: APPROVED [UNANIMOUS] Agenda Item P.8 MOVER: Danny Kolhage, Commissioner District 1 SECONDER: David Rice, Commissioner District 4 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice COUNTY ATTORNEY Item Q.1 County Attorney Report October 2016. County Attorney Bob Shillinger introduced newly hired Assistant County Attorney Patricia Eables. The County Attorney asked for direction regarding regulation of taxies and Uber. Based on some comments, an item will be agenda for the future. Item Q.8 Discussion and direction regarding request from the U.S. Board of Geographic Names for input regarding the request of the owner of an island in the City of Marathon to change the name to Bella Mare Key. This item was held by Commissioner Kolhage. Patrick Stevens representing Homeowners addressed the Board as a public speaker. Following discussion, a motion to approve staff recommendation was made by Commissioner Murphy and seconded by Commissioner Rice. Concern was expressed by Commissioner Neugent and Commissioner Kolhage regarding the request due to the current names on nautical maps. A Roll-Call was taken by the Clerk with the following results: Commissioner Kolhage No Commissioner Murphy Yes Commissioner Neugent No Commissioner Rice Yes Mayor Carruthers Yes Motion Carried 10/19/2016 Page 23 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2016 Item Q.11 Approval of an Interlocal Agreement between the BOCC and the Land Authority regarding the acquisition of infill property for density reduction or other government purposes. A motion to approve was made by Commissioner Murphy and seconded by Commissioner Kolhage. A Roll-Call was taken by the Clerk with the following results: Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Yes Mayor Carruthers Yes Motion Carried. PUBLIC HEARINGS Item R.1 A public hearing to consider an ordinance creating Sections 23 -43 through 23 -47 of the Monroe County Code, to provide a reduction in assessed value for construction or reconstruction of homesteaded property completed after January 7, 2003 for the purpose of providing living quarters for parents or grandparents of property owners, pursuant to F.S 193.703 and the 2002 amendment to the Florida Constitution known as the "Granny Flats" Amendment. Public Speaker Deb Curlee representing Cudjoe Key addressed the Board. No additional information was provided by the Property Appraiser and the Property Appraiser was not present at the meeting to address concerns, process, etc. Cynthia Hall, Assistant County Attorney, addressed Commissioner's Kolhage question as well as procedural issues. A motion was made by Commissioner Kolhage to deny adoption of the proposed ordinance, seconded by Commissioner Murphy. A Roll-Call was taken by the Clerk with the following results: Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Neugent No Commissioner Rice Yes Mayor Carruthers Yes Motion Carried. 10/19/2016 Page 24 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2016 Item R.2 A public hearing to consider an ordinance by the Monroe County Board of County Commissioners amending the Monroe County Future Land Use Map from Residential Medium (RM) to Mixed Use /Commercial (MC), for property located at 105030 Overseas Highway, Key Largo, Mile Marker 105, legally described as Block 3, Lot 11, of the Revised Amended Plat of Riviera Village Subdivision (Plat Book 2, Page 80), Key Largo, Monroe County, Florida, having Real Estate # 00510640- 000000, as proposed by 3JL, LLC (formerly Andrew Andrushko). RESULT: APPROVED [UNANIMOUS] Agenda item R.2 Ordinance #027 -2016 MOVER: Sylvia Murphy, Commissioner District 5 SECONDER: David Rice, Commissioner District 4 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice ORDINANCE #027 -2016 IS INCORPORATED HEREIN BY REFRENCE Item R.3 A public hearing to consider an ordinance by the Monroe County Board of County Commissioners amending the Monroe County Land Use District (Zoning) Map from Improved Subdivision (IS) to Mixed Use (MU), for property located at 105030 Overseas Highway, Key Largo, Mile Marker 105, legally described as Block 3, Lot 11, of the Revised Amended Plat of Riviera Village Subdivision (Plat Book 2, Page 80), Key Largo, Monroe County, Florida, having Real Estate # 00510640.000000, as proposed by 3JL, LLC (formerly Andrew Andrushko). RESULT: APPROVED [UNANIMOUS] Agenda Item R.3 Ordinance #026 -2016 MOVER: David Rice, Commissioner District 4 SECONDER: Danny Kolhage, Commissioner District 1 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice ORDINANCE #026 -2016 IS INCORPORATED HEREIN BY REFERENCE Item R.4 A Public Hearing to consider an ordinance amending Section 19 -36 of the Monroe County Code to provide definitions, reasonable rules and regulations and permitting requirements relating to Communication Facilities within the County Right -of -Way RESULT: APPROVED [UNANIMOUS] Agenda Item R.4 Ordinance #029 -2016 MOVER: Sylvia Murphy, Commissioner District 5 SECONDER: David Rice, Commissioner District 4 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice ORDINANCE #029 -2016 IS INCORPORATED HEREIN BY REFERENCE 10/19/2016 Page 25 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2016 Item R.5 An Ordinance by the Monroe County Board of County Commissioners amending the Monroe County Land Use District (Zoning) Map from Suburban Commercial (SC) to Urban Commercial (UC), for property located at 31 Ocean Reef Drive, Key Largo, Ocean Reef Club, described as a parcel of land in Section 7, Township 59 South, Range 41 East, Key Largo, Monroe County, Florida, having Real Estate 400081740.000400, as proposed by ORU Associates Inc.; RESULT: APPROVED [UNANIMOUS] Agenda Item R.5 Ordinance #028 -2016 MOVER: Sylvia Murphy, Commissioner District 5 SECONDER: David Rice, Commissioner District 4 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice ORDINANCE #028 -2016 IS INCORPORATED HEREIN BY REFERENCE Item R.6 A public hearing to consider a request for Administrative Relief for Mark Peterson on Lot 14, Doctors Arm Subdivision, 3rd Addition, Sec A, located on Big Pine Key, having Real Estate Number 00312571- 001500. Mark Peterson addressed the Board as a public speaker and presented a handout to the Board. Mayte Santamaria, Senior Director of Planning and Environmental Resources, explained to the Commission as to why this applicant doesn't qualify for a building permit. Following discussion, a motion was made by Commissioner Kolhage to accept and approve the staff recommendation to make an offer of sale. The motion was seconded by Commissioner Murphy. A roll call vote was taken with 4 -0 approval, Commissioner Heather Carruthers abstaining from the vote due to a possible conflict of interest. A Roll-Call was taken by the Clerk with the following results: Commissioner Kolhage Commissioner Murphy Commissioner Neugent Commissioner Rice Mayor Carruthers Motion Carried. Yes Yes Yes Yes Abstain, Voting Conflict RESOLUTION #271 -2016 IS INCORPORATED HEREIN BY REFERENCE 10/19/2016 Page 26 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 2016 Item R.7 A resolution by the Monroe County Board of County Commissioners transmitting to the State Land Planning Agency an ordinance by the Monroe County Board of County Commissioners amending Monroe County Year 2030 Comprehensive Plan Policy 101.5.25, providing a maximum net density of one dwelling unit per platted lot with the transfer of one TDR for the development of one tier 3 platted lot with a Residential Low (RL) Future Land Use Map designation and within a Suburban Residential (SR) Zoning District; Providing for Severability; Providing for 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 Comprehensive Plan; Providing for an Effective Date. RESULT: APPROVED [UNANIMOUS] Agenda Item R.7 Resolution #272 -2016 MOVER: George Neugent, Mayor Pro Tem/Commissioner District 2 SECONDER: David Rice, Commissioner District 4 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice RESOLUTION #272 -2016 IS INCORPORATED HEREIN BY REFERENCE 10/19/2016 Page 27 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OCTOBER 19, 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 10/19/2016 Page 28