09/21/2016 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 21, 2016
Regular Meeting
Board of County Commissioners
Wednesday, September 21, 2016
Key Largo, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00
a.m. at the Murray E. Nelson Government Center. Present and answering to roll call were
Commissioner Danny Kolhage, Commissioner Sylvia Murphy, Commissioner David Rice,
Mayor Pro Tem George Neugent. Mayor Heather Carruthers was absent; she is in Washington,
DC making a presentation before the House Committee on Infrastructure /Transportation. Also
present at the meeting were Bob Shillinger, County Attorney; Roman Gastesi, County
Administrator; Cheryl Robertson, Deputy Clerk; county staff and members of the general public.
ADDITIONS, CORRECTIONS, 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:
Sylvia Murphy, Commissioner District 5
SECONDER:
David Rice, Commissioner District 4
AYES:
Neugent, Kolhage, Murphy, Rice
PRESENTATION OF AWARDS
Item B.1 Presentation of Mayor's Proclamation observing October 9 - October 15, 2016 as
Fire Prevention Week in Monroe County, Florida. Steve Zavalney, Deputy Fire
Marshal of the Upper Keys, was present to accept the Proclamation.
Item B.2 Presentation of Years of Service award for 20 years of service to Gary Boswell,
Fire Rescue Deputy Chief of Administration. Gary Boswell, Deputy Chief of
Administration, was present to accept his Years of Service Award. Chief James
Callahan addressed the Board to express a few words about Gary Boswell.
BULK APPROVALS
Mayor Pro Tem George Neugent addressed the audience regarding the Rules of Bulk Approval's
items. Motion was made by Mayor Pro Tem Neugent and seconded by Commissioner Rice
granting approval of the following bulk items (C.1 through S.3). Motion passed unanimously.
9/21/2016 Pagel
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 21, 2016
Item C.1 Board granted approval of a three year contract with two one year renewals with
Employers Mutual, Inc. to Provide Third Party Claims Administration for the
Monroe County Workers' Compensation Program at the annual cost of $73,500
for a total cost of $367,500 over five years.
Item C.2 Board granted approval of a five year Lease Agreement with DTG Operations,
Inc. for their car rental preparation service facility at the Key West International
Airport from July 1, 2015 to June 30, 2020, in the starting amount of
$71,391.96/yr plus tax.
Item C.3 Board granted approval of Agreement with Government Services Group, Inc. to
provide professional consulting services for the Duck Key Security District
Special Assessment Program.
Item CA Board granted approval of the First Amendment to Lease with DTG Operations,
Inc. to clarify the effective date of September 1, 2016 for payment of concession
fees based on the updated definition of gross revenue. Office /counter rental
payment will remain commencing July 1, 2015.
Item C.5 Board granted approval of the First Amendment to Lease with The Hertz
Corporation to clarify the effective date of September 1, 2016 for payment of
concession fees based on the updated definition of gross revenue. Office /counter
rental payment will remain commencing July 1, 2015.
Item C.6 Board granted ratification and approval of Federal Aviation Administration AIP
Grant Agreement 43 -12- 0037 - 052 -2016 providing funding for Noise Mitigation
Measures at the Key West International Airport for design and bid for Key West
by the Sea condominium and three single family homes, in the amount of
$1,427,501.11 to be funded 90% FAA ($1,284,751.00) and 10% PFC
($142,750.00).
Item C.7 Board granted OF MOU Amendment 2016 Approval of Amendment to the
University of Florida (UF) and Monroe County Memorandum of Understanding
(MOU) to extend MOU expiration date from September 30, 2016 until September
30, 2021.
Item C.8 Board granted Amendment 1 to Small County Outreach Program (SCOP)
Agreement with Florida Department of Transportation (FDOT) for the Card
Sound Bridge Repair Project which corrects Exhibit B of original agreement.
Updated Exhibit B reflects change in fund distribution amounts for Fiscal Year
15/16 and Fiscal Year 16/17. The total contract amount has not changed.
Item C.9 Board granted approval to renew with Vision Service Plan Insurance Company
(VSP) with staff completing the necessary forms, for a fully insured voluntary
vision benefits for a term of two (2) years to become effective January 1, 2017
through December 31, 2018.
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MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 21, 2016
Item C.10 Board granted approval to waive BOCC policy with respect to surplus property as
stated in Chapter 12 of the Purchasing Policy (attached), and follow Florida State
Statute 274.06 (attached) which allows for the disposal of property estimated
under $5,000 in value by the governmental unit in the most cost - efficient and
cost - effective means, and authorization for MCFR to dispose of five (5) obsolete,
inoperable and fully depreciated fire vehicles (4 tanker- pumpers and 1 pumper) to
transfer title to the 5 vehicles to the company that towed and has been storing the
vehicles in return for a waiver of the towing and storage charges.
Item C.11 Board granted approval of a Resolution authorizing the execution of the
Consolidated Small County Solid Waste Management Grant Agreement with the
Florida Department of Environmental Protection, (FDEP) for the Fiscal Year
2016/2017.
RESOLUTION #274 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item C.12 Board granted approval of a Task Order in the amount of $20,010 with HDR
Engineering, Inc. to provide negotiation support during negotiations with
Transcore and Florida Turnpike Enterprise (FTE) for the Card Sound Toll
conversion to electronic tolling. Transcore will be providing electronic toll
collection system and equipment while FTE will provide tolling conversion and
transaction processing. This task order is being awarded under the On -Call
contract for Professional Services.
Item C.13 Board granted approval of the FY2017 Airline Rates and Charges for the Key
West International Airport, effective October 1, 2016. The rates were adjusted as
follows: Average Terminal Rental Rate $57.67 per square feet ($4.93 increase),
Landing Fee Rate $4.00 ($0.09 increase) and Checkpoint Security Charge $0.94
($0.01 increase). The average Airline Cost per Enplaned Passenger will be $11.08
($0.55 increase).
Item C.14 Board granted ratification and approval of Federal Aviation Administration AIP
Grant Agreement 43 -12- 0044 - 034 -2016 providing funding for Obstruction
Removal - Construction at the Florida Keys Marathon Airport for the demolition
of existing shade hangars located within the Runway Protection Zone (RPZ) of
Runway 25. The project will be funded 90% FAA($144,054.00), 8% FDOT
grant pending) and 2% PFC.
Item C.15 Board grated ratification and approval of Federal Aviation Administration AIP
Grant Agreement 43 -12- 0044 - 035 -2016 providing funding for Master Plan update
and Environmental Assessment at The Florida Keys Marathon Airport to be
funded 90% FAA ($1,089,453.00), 8% FDOT (grant pending) and 2% local
match. The Master Plan update will outline a plan for the provision of future
facilities to accommodate the projected passenger and aircraft demand. The
Environmental Assessment project will allow the proposed improvements to
Runway 7 -25 and Taxiway at the Florida Keys Marathon Airport.
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MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 21, 2016
Item C.16 Board granted ratification of the Key West International Airport Air Service
Development Incentive Program, 2016 -1. This program will be for qualifying
airlines only. The purpose of the program is to encourage new scheduled nonstop
air service, passenger travel and competition at the Key West International
Airport by providing a temporary financial incentive to commercial air carriers
beginning scheduled nonstop service to a qualifying airport destination.
Item C.17 Board granted approval of Amendment to Traffic Signal Maintenance and
Compensation Agreement and approval of Attachment 1: Revised Terms and
Conditions with the Florida Department of Transportation (FDOT). This
amendment and attachment replace the previous agreement in its entirety and
allow for reimbursement for replacement or repair of traffic signals and devices
damaged as a result of third parties or other causes that were not caused by
Monroe County. There is no change to the annual compensation amounts with
this amendment.
Item C.18 Board granted approval of Amendment to Agreement for Disposal of Remains
between Allen Funeral Directors, LLC., d /b /a Allen -Beyer Funeral Home and
Monroe County BOCC /Monroe County Social Services to extend the term of the
agreement by one year to a contract period of 10/16/2016 through 10/15/2017.
Item C.19 Board granted approval of task order with Kisinger Campo & Associates, Corp.
for services for the Duck Key Bridge Replacement Cultural Resource Assessment
Survey (CRAS) for the amount of $159,979.26. The task order is being awarded
under the On Call Contract for Professional Services.
Item C.20 Board granted approval of Amendment to Agreement for Disposal of Remains
between Dean -Lopez Funeral Home and Monroe County BOCC /Monroe County
Social Services to extend the term of the agreement by one year to a contract
period of 10/16/2016 through 10/15/2017.
Item C.21 Board granted acceptance of the Monroe County Length of Service Award
Program ( LOSAP) actuarial valuation report for the Plan Year 2016 and transfer
of funds for Plan Year 2016 into the LOSAP Trust Fund.
Item C.22 Board granted approval of Amendment to Agreement for Disposal of Remains
between Castillo & Thurston's Key West Mortuary and Monroe County
BOCC /Monroe County Social Services to extend the term of the agreement by
one year to a contract period of 10/16/2016 through 10/15/2017.
Item C.25 Board granted Second Amendment to Agreement, adding authorized timekeepers,
between Monroe County and George A. Helm, III, P.A., provider of legal services
for workers' compensation claims, investigation, research and litigation.
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MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 21, 2016
Item C.26 Board granted Issuance (renewal) of a Class A Certificate of Public Convenience
and Necessity (COPCN) to Florida Keys Ambulance Service, Inc. (FKAS) for the
operation of an ALS transport ambulance service; specifically for inter - facility
transports.
Item C.27 Board granted Issuance (renewal) of a Class B Certificate of Public Convenience
and Necessity (COPCN) to Florida Keys Ambulance Service, Inc. (FKAS) for the
operation of a non - emergency medical transportation service for the period
September 17, 2016 to September 16, 2018.
Item C.28 Board granted Issuance (renewal) of a Class A Certificate of Public Convenience
and Necessity (COPCN) to Falck Southeast II Corp. d /b /a American Ambulance
Service (American) for the operation of an ALS transport ambulance service;
specifically for inter - facility transports for period September 22, 2016 to
September 21, 2018.
Item C.29 Board granted approval of the filing of a grant application and agreement for State
Aid to Libraries from the Florida Department of State, Division of Library and
Information Services, and execution of same with the proper County authorities.
Item C.30 Board granted approval for the Key West Library to close on Saturday, October
29, 2016.
Item C.32 Board granted receipt of monthly report on change orders reviewed by the County
Administrator's office.
Item C.33 Board granted approval of the Library Long -Range Plan of Service for the years
2017 -2019.
Item C.34 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 #180 -2016 receipt of unanticipated funds for Fund 125
Resolution #181 -2016 receipt of unanticipated funds for Fund 125
Resolution #182 -2016 receipt of unanticipated funds for Fund 125
Resolution #183 -2016 transfer of funds for Fund 157
Resolution #184 -2016 receipt of unanticipated funds for Fund 125
Item C.35 Board granted approval of a Second Amendment to Contract for Professional
Services with Currie Sowards Aguila Architects for the County Public Works
Offices on Magnolia Street.
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MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 21, 2016
Item C.36 Board granted approval of Temporary Construction and Access Easement
Agreement with Florida Department of Transportation (FDOT) on Pigeon Key to
provide access during construction of the Old Seven Mile Bridge rehabilitation
project.
Item C.37 Board granted approval of Amendment 1 to the Franchise Agreements to Update
Exhibit II and adjust the Consumer Price Index (CPI) rate for Commercial
Disposal to correspond with the CPI rate in the Haul Out Agreement.
Item C.38 Board granted approval of Fifth Amendment to the Assigned Agreement with The
Florida Keys Society for Prevention of Cruelty to Animals, Inc. (FKSPCA) for
operation of the Marathon Animal Shelter for .7% CPI adjustment effective July
1, 2016 and revision to update the vehicles /units listed in the contract.
Item C.39 Board granted approval to enter into a one - year's residential lease agreement with
a Sheriff's Deputy for Location B to commence October 01, 2016 and terminate
September 30, 2017 in the amount of $1,672.00 /month.
Item L.1 Board granted request for Expenditure from the Law Enforcement Trust Fund.
$4,000.00 for Monroe County Sheriffs Office Animal Farm
Item L.2 Board granted approval of Second Amendment to Contract for Local Police
Services with the Village of Islamorada, the Monroe County Sheriffs Office and
the BOCC.
Item L.3 Board granted approval of 2016 -2017 First Amendment to Contract for Local
Police Services with the City of Marathon, the Monroe County Sheriffs Office
and the BOCC.
Item LA Board granted First Amendment to the Contract for Law Enforcement and
Security Services at Key West International Airport.
Item M.1 Board granted approval of employment agreement and confirmation of Susan
Ptomey as Executive Assistant to Commissioner Sylvia Murphy, District 5.
Item N.3 Board granted request to advertise Oshkosh Fire Truck for bids to remove from
Marathon Airport Fire Rescue.
Item NA Board granted Fixed Asset deletion/destruction requests.
Item N.5 Board granted Official Approval of July 18, 2016 Budget BOCC Meeting
Minutes.
Item N.6 Board granted Official Approval of June 15, 2016 Regular BOCC Meeting
Minutes.
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MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 21, 2016
Item 0.2 Board granted request for a November 14, 2016 BOCC Special Meeting on Canal
Financing.
Item 0.3 Board granted approval to enter into a University of Florida Seagrant Grant
Agreement 4PD -16 -15 for a $29,977.55 Sub Grant, awarded by NOAA
Subcontract UFDSP00011337 to DEP, and subawarded by DEP to the University
of Florida Sea Grant College Program, for a vulnerability assessment of the
Bayshore Manor Assisted Living facility, to develop a method to quantify
potential losses exacerbated by sea level rise. A cash match of $14,988.78 is
required on behalf of Monroe County and is budgeted.
Item 0.5 Board authorized entering into a contract for $40,000 with Parsons Brinkerhoff,
Inc. to conduct a vulnerability assessment of Bayshore Manor Assisted Living
Facility as a means of developing a method to quantify potential losses
exacerbated by sea level rise.
Item 0.7 Board granted ratification of Small Contract with Jacobs Project Management for
the amount of $49,477.00.
Item 0.8 Board granted ratification of Small Contract with Feher Environmental
Consulting, Inc. For the amount of $25,200.00.
Item P.2 Board granted approval of a settlement agreement for a code compliance lien
foreclosure case styled Monroe County v. Vera McKinney, Case No.: 16 -CA-
319-P, regarding real property located at 20 Hibiscus Lane, Key Largo, FL 33037.
Item P.3 Board granted approval to purchase insurance for County emergency vehicles and
portable equipment from American Alternative Insurance Company through the
VFIS insurance agency and exercise exemption from competitive bidding
procedures and authorize the Risk Management Administrator to sign the Florida
Consent to Rate /Excess Rate Application.
Item PA Board granted approval to accept renewal from The Florida Municipal Insurance
Trust Agreement 4386 to provide General Liability, Vehicle Liability and Public
Officials /Employee Practices Liability and Excess Workers' Compensation.
Item P.7 Board granted approval of a contract for legal services with Cole Scott Kissane,
PA retroactive to September 19, 2016 to provide for continued legal
representation by Chris Ambrosio until his replacement is trained.
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 21, 2016
Item R.1 Board granted approval of the Contract between Monroe County Board of County
Commissioners and the State of Florida, Department of Health for operation of
the Monroe County Health Department - contract year 2016 -2017.
Item S.1 Board granted approval to increase the Lessee's leasehold Premises by including
in the Premises the previously excluded 115 square feet of storage area for the
Higgs Beach restaurant (Salute) concession.
Item S.2 Board granted approval of a Worker's Compensation Settlement Agreement in the
amount of Sixty Thousand Dollars ($60,000) inclusive of all cost and attorney
fees for JCC Case No.: 15- 018969RDM.
Item S.3 Board granted approval of Resolution Ratifying Stipulation of Settlement in Davis
v. Monroe County and State of Florida.
RESOLUTION #176 -2016 IS INCORPORATED HEREIN BY REFERENCE
NON -BULK APPROVALS
Item C.23 Approval of Addendum # 1 to the June 18, 1997 Agreement between Big Coppitt
Volunteer Fire Department, Inc., and the Board of Governors of Lower and
Middle Keys Fire and Ambulance District 1, calling for the Clerk of Court to
issue a check made payable to the Corporation for reimbursement of a vehicle lien
on a 2012 Ford F -150 Truck in the amount of $6,149.09. Chief James Callahan
addressed the Board to explain the events that lead to this.
RESULT:
APPROVED [UNANIMOUS] Agenda Item C.23
MOVER:
Danny Kolhage, Commissioner District 1
SECONDER:
Sylvia Murphy, Commissioner District 5
AYES:
Neugent, Kolhage, Murphy, Rice
Item C.24 Approval of Change Order 41 to the contract with Coastal Gunite Construction
Company for the Card Sound Bridge Repair Project to increase the contract
amount by $726,253.85 for Increased Scope of Work. Commissioner Kolhage
indicated no objection to the Agenda Item and will vote for it but his consistence
is about trying to maintain a sufficient construction contingency in our capital
projects' funding. Mr. Kolhage is concerned about this change; 25% of the
original bid price which is enormous. Judith Clarke, Director of Engineering,
addressed the Board to addressed Commissioner Kolhage's concern and Mayor
Pro Tern's questions as to how many bidders are on this contract.
9/21/2016 Page 8
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 21, 2016
RESULT:
APPROVED [UNANIMOUS] Agenda Item C.24
MOVER:
Danny Kolhage, Commissioner District 1
SECONDER:
David Rice, Commissioner District 4
AYES:
Neugent, Kolhage, Murphy, Rice
Item C.31 Approval to send notice of lease termination letter to Habitat for Humanity for the
property located at 30320 Overseas Highway; Big Pine Key, FL. Kevin Wilson,
Assistant County Administrator, addressed the Board providing background and
to answer any questions. Deb Curlee Vice President of Last Stand addressed the
Board as a public speaker requesting the Board to postpone action on this item to
allow Habitat for Humanity the time needed to raise the monies for building
repairs. Discussion held by the Board. Kevin Wilson explained the sequence of
events that needs to occur and the essence of sending this letter now versus
sending it later to Habitat for Humanity in order for things to happen. Bill
Hunter addressed the Board also as a public speaker concurring with Deb Curlee's
request. Mayte Santamaria, Director of Planning and Environmental Resources,
addressed the Board regarding the relationship between this potential availability
of N ROGO & the applications that are pending now.
RESULT:
APPROVED [UNANIMOUS] Agenda Item C.31
MOVER:
Sylvia Murphy, Commissioner District 5
SECONDER:
Danny Kolhage, Commissioner District 1
AYES:
Neugent, Kolhage, Murphy, Rice
TOURIST DEVELOPMENT COUNCIL
Item D.1 Announcement of one vacant position on the Tourist Development Council
District V Advisory Committee for one "At Large" appointment.
STAFF AND ADVISORY COMMITTEE REPORTS
SEPTEMBER 21, 2016
AGENDA ITEM # E
Christine Hurley- Growth Management
YES
NO
Lisa Tennyson — Intergovernmental Affairs
YES
NO
Kevin Wilson — Engineering /Public Works
YES
NO
Don Degraw — Airports
YES
NO
Tina Boan — Office of Management /Budget
YES
NO
Alan MacEachern — IT Director
YES
NO
Rhonda Haag — Sustainability Coordinator
YES
NO
9/21/2016 Page 9
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 21, 2016
Teresa Aguiar — Human Resource Director YES NO
James Callahan- Fire Chief/Division Director (EMS) YES NO
Climate Change Advisory Committee Report YES NO
Rhonda Haag, Sustainability Coordinator, provided an update of several demonstration
projects, RFPs, canal financing workshop, grants for various projects, Sustainability
Action Plan, and various other related actions.
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, Commissioner David Rice, and Vice
Mayor Clark Snow.
Chief James Callahan, no report.
Item G.1 Approval of Addendum 4 1 to the June 18, 1997 Agreement between Big Coppitt
Volunteer Fire Department, Inc., and the Board of Governors of Lower and
Middle Keys Fire and Ambulance District 1, calling for the Clerk of Court to
issue a check made payable to the Corporation for reimbursement of a vehicle lien
on a 2012 Ford F -150 Truck in the amount of $6,149.09.
RESULT: APPROVED [UNANIMOUS] Agenda Item G.l
MOVER: David Rice, Vice- Chairman/Commissioner District 4
SECONDER: Danny Kolhage, Commissioner District 1
AYES: Neugent, Kolhage, Snow, Rice
THE LOWER & MIDDLE KEYS FIRE & AMBULANCE DISTRICT BOARD OF
GOVERNORS ADJOURNED AND THE BOARD OF COUNTY COMMISSIONERS
RECONVENED
9/21/2016 Page 10
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 21, 2016
ENGINEERING
Item H.1 Presentation of results of Card Sound Toll Authority Traffic and Revenue Study
and Basis of Design Report for conversion to All Electronic Tolling by HDR
Engineering, Inc.
Judith Clarke set the stage. Emilo Carrales (Senior Transportation Engineering) & Dennis
Swetek (Consultant) provided an update and status report of the project. A slide presentation
was presented. No Action on this item, just informational only.
PLANNING AND ENVIRONMENTAL, BUILDING AND CODE COMPLIANCE
DEPARTMENTS - BULK APPROVALS
Item L 1 Approval to extend the reservation of sixteen (16) affordable ROGO allocations,
consisting of eight (8) median and eight (8) moderate income category
allocations, for Keys Affordable Development LLC on Big Pine Key on the
eastern parcel (RE 00111078.000000) of property located at 30641 US Highway 1
(referred to as "Cava Place" and previously as Skeeter's Marine) until September
16, 2017.
Mayte Santamaria, Senior Director of Planning and Environmental Resources addressed the
Board to answer the concerns of Mayor Pro Tern Neugent regarding affordable housing
being lost on Big Pine Key. Seahorse Property brought into discussion for the
Commissioners. Christine Hurly, Growth Management, addressed the Board. A motion was
made by Commissioner Murphy to approve the following Resolution with a change to
include "the rent will not exceed the 60% medium income rental rate" and seconded by
Commissioner Rice. Motion was approved unanimously. Further discussion continued
regarding the Seahorse Property.
RESOLUTION #192 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item L2 Approval to extend the reservation of 0.087 HIMPACT with 0.261
`HMITIGATION' for Keys Affordable Development LLC on Big Pine Key on
the eastern parcel (RE 00111078.000000) of property located at 30641 US
Highway 1 (referred to as "Cava Place" and previously as Skeeter's Marine) until
September 16, 2017.
RESULT:
APPROVED [UNANIMOUS] Agenda Item I.2
MOVER:
Danny Kolhage, Commissioner District 1
SECONDER:
David Rice, Commissioner District 4
AYES:
Neugent, Kolhage, Murphy, Rice
RESOLUTION #193 -2016 IS INCORPORATED HEREIN BY REFERENCE
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MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 21, 2016
Item L3 Approval of the 2016 Monroe County Area of Critical State Concern (ACSC)
Annual Work Program Report, pursuant to Rule 28- 20.140, F.A.C., which will be
sent to the Department of Economic Opportunity (DEO). Mayte Santamaria,
Senior Director of Planning and Environmental Resources provided the status of
their work program which was assigned to them by the state. Staff has completed
44 of the 52 tasks today. Bill Hunter addressed the Board as a public speaker and
Dotti Moses declined to speak.
RESULT:
APPROVED [UNANIMOUS] Agenda Item I.3
MOVER:
Danny Kolhage, Commissioner District 1
SECONDER:
David Rice, Commissioner District 4
AYES:
Neugent, Kolhage, Murphy, Rice
PLANNING AND ENVIRONMENTAL, BUILDING AND CODE COMPLIANCE
DEPARTMENTS
Item J No items submitted.
CLOSED SESSION
Item K.1 An Attorney- Client Closed Session in the case of Delaney et al. v. FKAA and
Monroe County, 16th Judicial Circuit Case No. CA -K -16 -439.
Closed Session held; script read into the record.
Item K2 An Attorney- Client Closed Session in the matter of Monroe County v. Zamindari
Investments, Inc., Aqua Ranch, Inc., Charles Barra as Officer for Aqua Ranch,
Inc., and Kristin Kurtz as Officer for Aqua Ranch, Inc., Circuit Court Case No.
CA -M -14 -165.
Closed Session held; script read into the record.
Item K3 An Attorney- Client Closed Session in the matter of BOCC v. Gilbert L. Sanchez
and Dalia Sanchez, Case No. CA -P -14 -415. This agenda item was deleted the
day of the meeting.
Item K4 An Attorney -Client Closed Session in the matter of Thomas F. Collins, et al. v.
Monroe County, v. State of Florida, CA -M -04 -379, Sixteenth Judicial Circuit,
Monroe County, Florida. This agenda item was no longer necessary.
Mayor Pro Tem Neugent declared the closed meeting ended and returned to the open session.
9/21/2016 Page 12
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 21, 2016
COUNTY CLERK
Items N.1 and Item N.2.
Clerk's Report: (1) Fixed assets to be deleted from inventory and disposed of
Informational Purpose Only (2) Fixed Asset Inventory year to date Informational
Purpose Only (3) Fixed Asset Inter - departmental transfer Informational Purpose
Only.
COUNTY ADMINISTRATOR
Item 0.1 County Administrator's Monthly Written Report.
Item 0.4 Approval to enter into a $0 Access Agreement with Alex Mendoza for a
temporary grant of easement and right of entry for use of his property during
construction of 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, but due to the heavy
construction activity on his lot the owner has requested that his coral rock seawall
be stabilized at a value not to exceed $5,000.
Rhonda Haag, Sustainability, set the stage and to answer Commissioner's
Kolhage's question "will we get the necessary permits for that seawall
stabilization"
RESULT:
APPROVED [UNANIMOUS] Agenda Item 0.4
MOVER:
David Rice, Commissioner District 4
SECONDER:
Sylvia Murphy, Commissioner District 5
AYES:
Neugent, Kolhage, Murphy, Rice
Item 0.6 Request approval to negotiate with the proposers in rank order for the C83 canal
restoration project in Key Largo. Rhonda Haag, Sustainability Coordinator,
addressed the Board to answer Commissioner Kolhage's questions regarding
source of funding for C83 Canal Restoration Project and proposers versus bids.
Why was the lowest bidder not a successful rank proposer? After discussion, a
motion was made by Commissioner Murphy, seconded by Commissioner Rice.
A roll-call was taken by the Clerk with the following results:
Commissioner Kolhage No
Commissioner Murphy Yes
Commissioner Rice Yes
Mayor Pro Tem Neugent Yes
Motion Carried.
9/21/2016 Page 13
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 21, 2016
Item 0.9 Approval of a resolution authorizing the issuance of not to exceed $16.065
million in aggregate principal amount of a Monroe County, Florida Sales Surtax
Refunding Revenue Bond, Series 2016; authorizing the refinancing of all amounts
outstanding under the County's existing Line of Credit with PNC Bank, N.A.;
authorizing the Mayor Pro Tem to execute the resolution and all necessary
documents; and authorization for the County Administrator and /or his designee to
sign all other necessary documentation in order to complete the transaction.
Kevin Madox, Sr. Director of Strategic Planning explained what the resolution
consist of to the Board.
Bill Hunter and Dotti Moses addressed the Board as public speakers
RESULT:
APPROVED [UNANIMOUS] Agenda Item 0.9
MOVER:
Sylvia Murphy, Commissioner District 5
SECONDER:
Danny Kolhage, Commissioner District 1
AYES:
Neugent, Kolhage, Murphy, Rice
RESOLUTION #175 -2016 IS INCORPORATED HEREIN BY REFERENCE
COUNTY ATTORNEY
Item P.1 County Attorney Written Report September 2016. Bob Shillinger, County
Attorney indicated the Closed Session 44 is no longer necessary since the
Settlement Agreement was approved which was Agenda Item K4 was removed
from the today's Agenda. Mr. Shillinger provided information of what's been
transpiring with Air BNB. A letter has been sent to the Clerk concerning some
issues that have gotten some attention. The most significant item that the county
was concerned with in additional to public record was the retention of the
accounting firm to help prepare the financial statements. I have seen today the
signed letter of engagement with that accounting firm. That particular item has
been addressed. Also received today a letter regarding the emails from the IT
Department which was another concern that still needs to be analyzed but we are
making progress. Commissioner Carruthers is testifying today in Congress; going
well.
Bill Hunter, Sugarloaf, addressed the Board as a public speaker with the concern
of illegal short term rentals without a license. Christine Hurley, Growth
Management, addressed the Board to comment on the concern of Bill Hunter as
well as others whom share the same concern. Further discussion was held.
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MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 21, 2016
Item P.5 Presentation of a settlement offer in the matter of Carlos Burgos v. Monroe
County, Case No.: AP- P -16 -7, a code compliance lien case regarding real
property located at 202 Dexter Court, Key Largo, FL 33037.
Ivan Burgos on behalf of Carlos Burgos addressed the Board as a public speaker.
Assistant County Attorney Steve Williams presented the basic facts of the case.
Settlement Offer in this matter is $40,000.00. If the Lien is not reduced
significantly, it will make it hard to apply for a mortgage as stated by Ivan
Burgos.
After discussion, Commissioner Rice motioned to accept $40,000.00 within a
specified period of time with the fine returning to its present state if it is not
resolved within 90 days; seconded by Commissioner Kolhage.
A Roll-Call conducted by the Clerk with the following results:
Commissioner Kolhage Yes
Commissioner Murphy No
Commissioner Rice Yes
Mayor Pro Tem Neugent Yes
Motion Carried.
Item P.6 Approval to advertise a public hearing to consider an ordinance abolishing the
Upper Keys Health Care Taxing District (Trauma District). Cynthia Hall,
Assistant County Attorney addressed the Board to answer Commissioner's
Kolhage question as to how the monies will be distributed. Commissioner
Murphy moved to approve the Draft Ordinance as written and authorized staff to
advertise it with Option 1 to write the check.
RESULT:
APPROVED [UNANIMOUS] Agenda Item P.6
MOVER:
Sylvia Murphy, Commissioner District 5
SECONDER:
Danny Kolhage, Commissioner District 1
AYES:
Neugent, Kolhage, Murphy, Rice
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MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 21, 2016
Item P.8 Approval of Fourth Amendment to contract with Erin L. Deady, P.A., for legal
services. Bob Shillinger, County Attorney, explained what the item is and what it
is for.
RESULT:
APPROVED [UNANIMOUS] Agenda Item P.8
MOVER:
David Rice, Commissioner District 4
SECONDER:
Sylvia Murphy, Commissioner District 5
AYES:
Neugent, Kolhage, Murphy, Rice
Item P.10 Approval to advertise 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. Two public speakers; Deb Curlee (left the
meeting) and Bill Hunter (declined to speak, question already answered).
RESULT:
APPROVED [UNANIMOUS] Agenda Item P.10
MOVER:
Sylvia Murphy, Commissioner District 5
SECONDER:
David Rice, Commissioner District 4
AYES:
Neugent, Kolhage, Murphy, Rice
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MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 21, 2016
PUBLIC HEARINGS
Item Q.1 A public hearing to consider a Resolution of the Monroe County Board of County
Commissioners approving a special permit to allow a temporary construction
staging area at property legally described a Block 8, Lot 4, Amended Plat of
Sunrise Point Addition (Plat Book 4, Page 41), Monroe County, Florida, and
having real estate number 00484190- 000000, for a canal restoration/water quality
improvement project (Canal 83 Organic Muck Removal, Backfilling and Air
Curtain Installation in Key Largo).
Emily Schemper addressed the Board as a public speaker with some concerns about this
Resolution being approved without other options regarding the smell. There is a daycare
right next door to the canal. Rhonda Haag, Sustainability Coordinator, addressed the Board
regarding the muck removal for this project. Mayte Santamaria addressed the Board as well
as Rick from AMEC. Commissioner Murphy moved to approve Resolution with the added
condition 45 that the site shall be sprinkle while clean fill is transfer on the site to the barge
whenever necessary; seconded by Commissioner Rice.
A Roll-Call was taken by the Clerk with the following results:
Commissioner Kolhage No
Commissioner Murphy Yes
Commissioner Rice Yes
Mayor Pro Tem Neugent Yes
Motion Carried.
RESOLUTION #194 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item Q.2 A Public Hearing to consider approval of a resolution for a Budget Amendment of
Fiscal Year 2016 One Cent Infrastructure Surtax Fund 304. Laura DeLoach-
Hartle, Sr. Administrator Grants & Special Projects, explained the Agenda Item to
the Board.
Bill Hunter, Sugarloaf, addressed the Board as a public speaker.
RESULT:
APPROVED [UNANIMOUS] Agenda Item Q.2
MOVER:
Danny Kolhage, Commissioner District 1
SECONDER:
Sylvia Murphy, Commissioner District 5
AYES:
Neugent, Kolhage, Murphy, Rice
RESOLUTION #179 -2016 IS INCORPORATED BY REFERENCE
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BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 21, 2016
ADD ONS
Item S.4 Bob Shillinger, County Attorney, requested to hold an Attorney -Client Closed
Session in the matter of BOCC v. Gilbert L. Sanchez and Dalia Sanchez, Case
No. CA -P -14 -415 at the regularly scheduled BOCC meeting on October 19, 2016
in Marathon, FL at 1:30 p.m. or as soon thereafter as may be heard.
RESULT:
APPROVED [UNANIMOUS] Agenda Item SA
MOVER:
David Rice, Commissioner District 4
SECONDER:
Danny Kolhage, Commissioner District 1
AYES:
Neugent, Kolhage, Murphy, Rice
Item S.5 Approval of Amendment No. 12 to the Contract for Engineering, Design and
Permitting Services of the Demonstration Projects, with AMEC Foster Wheeler
Environment and Infrastructure, Inc. to provide Design, Permitting, and
Procurement Services in the amount of $60,403.40, related to Canal 492
Backfilling Project in Tavernier, Monroe County, Florida. Rhonda Haag,
Sustainability Coordinator, addressed the Board.
Bill Hunter and Dotti Moses addressed the Board as public speakers.
A motion was made by Commissioner Murphy and seconded by Commissioner
Rice for approval.
A Roll-Call was taken by the Clerk with the following results:
Commissioner Kolhage No
Commissioner Murphy Yes
Commissioner Rice Yes
Mayor Pro Tem Neugent Yes
Motion Carried.
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MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 21, 2016
Item S.6 Discussion of an agreement with Stetson University to improve elevation data and
analyze opportunities and barriers for use in sea level rise adaptation planning.
NOAA Grant UFDSP00011308 was awarded to the University of Florida Sea
Grant College Program, OF subcontracted award to Stetson University. Total
work value to be received from Stetson is $105,000 including the County's
$30,000 cash match. Rhonda Haag, Sustainability Coordinator, and Erin Deady
addressed the Board.
RESULT:
APPROVED [UNANIMOUS] Agenda Item S.6
MOVER:
Sylvia Murphy, Commissioner District 5
SECONDER:
David Rice, Commissioner District 4
AYES:
Neugent, Kolhage, Murphy, Rice
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MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
SEPTEMBER 21, 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
9/21/2016 Page 20