07/20/2016 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
JULY 20, 2016
Regular Meeting
Board of County Commissioners
Wednesday, July 20, 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.
ADDITIONS, CORRECTION, DELETIONS
Item A.1 Approval of agenda. A copy of the approved changes are attached at the end
of these minutes for reference.
RESULT:
Approved [UNANIMOUS] Agenda Item A.l
MOVER:
David Rice, Commissioner District 4
SECONDER:
George Neugent, Mayor Pro Tem/Commissioner District 2
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
PRESENTATION OF AWARDS
Item B.1 Presentation of Worksite Wellness Award for Comprehensive Tobacco Cessation
Benefits to the Monroe County Board of County Commissioners in recognition of
their commitment to Employee Health.
A video presentation was presented to the Board and appearing in the video was
Kari Jacoby, Health Promotions Manager for the American Lung Association in
Florida. Also in person presenting the Gold Standard Worksite Wellness Award
for Comprehensive Tobacco Cessation Benefits to the Monroe County BOCC was
Valarie Lacy, Bureau Chief for the Bureau of Tobacco Free Florida.
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OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
JULY 20, 2016
BULK APPROVALS
Commissioner Danny Kolhage addressed the audience regarding the Rules of Bulk Approval's
items. Motion was made by Commissioner Kolhage and seconded by Commissioner Rice
granting approval of the following bulk items (C1 through T.1). Motion passed unanimously.
Item C.1 Board granted approval of Amendment 8 to the contract with Metric Engineering,
Inc. for Engineering Design and Permitting Services for the US 1 Bayside Shared
Use Path/Pedestrian Bridge over Marvin Adams Waterway Project to extend the
expiration date of the contract to March 31, 2017 at no additional cost.
Item C.5 Board granted approval of agreement between Big Coppitt Volunteer Fire
Department, Inc., and the Board of County Commissioners of Monroe County, to
accept and transfer to Monroe County, a political subdivision of the State of
Florida, the physical assets of the Big Coppitt Volunteer Fire Department
Corporation, including title, with the provision that the assets shall continue to be
located in and used principally for the benefit of fire service in the Big Coppitt
Key, Monroe County, Florida area for the remainder of their serviceable life; and
authority for the County Administrator to execute all necessary documents for the
transaction. A complete inventoried list will presented to the Clerk of Court upon
completion, with capital items to be tagged per County policy.
Item C.6 Board granted approval of an agreement with the State of Florida, Division of
Emergency Management concerning an Emergency Management Base Grant
(Contract 417- BG- 83- 11 -54 -01 -051) in the amount of $105,806.00, fully grant
funded and no county match; and authorization for the County Administrator to
execute any other required documentation in relation to the application process.
Item C.7 Board granted approval of an Emergency Management Performance Grant FY 17
Federally Funded Subgrant Agreement 17 -FG- 11 -54 -01 -118 in the amount of
$66,592.00, fully grant funded and no county match, and authorization for the
County Administrator to execute any other required documentation in relation to
the application process.
Item C.8 Board granted approval of Amendment 1 to the contract with Metric Engineering
Inc for Engineering Design and Permitting Services for the Pigeon Key Ramp
Restoration Project to transfer funds from the Foundation Investigation task to the
Geotechnical task for a lead survey, with no change to the original total contract
amount.
Item C.9 Board granted approval of time Extension only (no increase in original cost) with
CDM Smith, Inc., for Task Order 2014 -001 for Construction Administration
Services for the Terminal Sewer Lateral project at the Florida Keys Marathon
International Airport, to be completed 100% on or before September 30, 2016.
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Item C.10 Board granted approval to extend the existing contract with Keys Security Inc. On
a month to month basis, with the same rate of $16.00 per hour.
Item C.I I Board granted approval of an Administrative Agreement with the Florida Keys
Council of the Arts (FKCA) to utilize 10% of the 1% Art in Public Places
allocation for capital projects, to pay for administrative expenses.
Item C.12 Board granted approval of Sixth Amendment of Lease between The Florida Keys
Marathon International Airport and Jobe Materials, L.P. This amendment reduces
the overall square footage of the hangar leasehold from 25,000 square feet to
15,528 square feet. This will reduce the annual rent from $10,762.70 to $6,672.87
(not including taxes) and transfer a 98 x 98 foot section of aircraft ramp from the
lessee to the Airport, which will allow future aeronautical development.
Item C.13 Board granted approval of Lease Assignment, Assumption and Consent between
Jobe Materials, L.P. and International City Developers, LLC for the Assignment
of Lease of an aircraft hangar, adjacent ramp space, and adjacent land at The
Florida Keys Marathon International Airport.
Item C.15 Board granted approval to amend the existing contract with Buccaneer Courier to
add one (1) additional stop at the request of the Tax Collector.
Item C.16 Board granted approval to apply (retroactive to June 24th) for EPA Grant EPA -
R4- 16- SFL -01; 2016 South Florida Initiative, requesting $26,586.70 in federal
funding for the Florida Keys Water Watch Extension program. Extension will be
providing in -kind salary match of $32,462.00 based on staff time expended on the
program if notification of award is made.
Item C.18 Board granted approval to enter into an Employment Agreement /Contract to
fulfill the currently open position of Billing Specialist, and authorization for the
County Administrator /Fire Chief to execute all necessary documents; pre -
approval was given to move forward with contract /hiring at June 15, 2016 BOCC
meeting.
Item C.19 Board granted approval of a five year Rental Car Concession Agreement with the
Hertz Corporation for the continued non - exclusive right to operate an automobile
rental concession at the Key West International Airport providing $47,160.96
annual rent plus taxes and a 10% concession fee on gross revenue.
Item C.20 Board granted approval of a five year Rental Car Concession Agreement with
DTG Operations, Inc. for the continued non - exclusive right to operate an
automobile rental concession at the Key West International Airport providing
$53,073.12 annual rent plus taxes and a 10% concession fee on gross revenue.
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Item C.21 Board granted approval to extend and amend the agreement with Sweetwater
Environmental, Inc. for the transfer, storage, treatment, transportation, and
disposal of sludge /septage generated within Monroe County. If the extension is
approved, this agreement will expire June 30, 2018.
Item C.22 Board granted approval to enter into a 15 year agreement commencing October 1,
2016 with Monroe Council of the Arts Corporation d /b /a Florida Keys Council of
the Arts ( "MCAC ") to facilitate the MCAC purposes and to benefit the cultural
environment and arts community of Monroe County. Monroe County to provide
one office in Key West, limited support services and priority in donation to non-
profits organizations of surplus County property.
Item C.24 Board granted approval of a resolution to adopt tentative solid waste collection
rates for commercial waste generators for Fiscal year 2017.
RESOLUTION #136 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item C.25 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 #137 -2016 unanticipated funds for Fund 158
Resolution #138 -2016 unanticipated funds for Fund 158
Resolution #139 -2016 unanticipated funds for Fund 158
Resolution #140 -2016 unanticipated funds for Fund 158
Resolution #141 -2016 unanticipated funds for Fund 001
Resolution #142 -2016 unanticipated funds for Fund 125
Resolution #143 -2016 unanticipated funds for Fund 125
Resolution #144 -2016 unanticipated funds for Fund 125
Resolution #145 -2016 unanticipated funds for Fund 125
Resolution #146 -2016 unanticipated funds for Fund 125
Resolution #147 -2016 unanticipated funds for Fund 125
Item C.27 Board granted approval of a contract with JC Construction Management, Inc. in
the amount of $138,900.00 for the construction of the spalling repairs on the
Marathon Government Center Annex at 490 63rd Street in Marathon. The project
is funded by the One Cent Infrastructure Sales Tax.
Item C.28 Board approved receipt of monthly change orders reviewed by the County
Administrator's Office.
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JULY 20, 2016
Item C.29 Board granted approval of Federally Funded Subgrant Weatherization Assistance
Program (WAP) Agreement 16WX- OG- 11 -54 -01 -039 between the State of
Florida, Department of Economic Opportunity (DEO) and County of Monroe,
Monroe County Board of County Commissioners (Monroe County Social
Services) for the period of April 1, 2016, through March 31, 2017, in the amount
of $70, 207.
Item C.30 Board granted approval of Home Care for the Elderly (HCE) Contract KH 1672
between the Alliance for Aging, Inc., and Monroe County Board of County
Commissioners /Monroe County Social Services /In -Home Services for the
contract year 2016 -2017 (7/1/16 - 6/30/17) in the amount of $10,600.80.
Item C.31 Board granted approval of Alzheimer's Disease Initiative Program (ADI) Contract
KZ 1697 between the Alliance for Aging, Inc., and Monroe County Board of
County Commissioners /Monroe County Social Services /In -Home Services for the
contract year 2016 -2017 (7/1/16 - 6/30/17) in the amount of $164,647.80.
Item C.32 Board granted approval of Community Care for the Elderly (CCE) Contract KC
1671 between the Alliance for Aging, Inc., and Monroe County Board of County
Commissioners /Monroe County Social Services /In -Home Services for the
contract year 2016 -2017 (7/1/16 - 6/30/17) in the amount of $413,700.
Item C.33 Board granted approval of an exception to Section 2.02C of the personnel policies
and approval to create a new Case Manager Supervisor or Case Manager position
(FTE) to be occupied for up to six months overlapping with the current Case
Manager Supervisor who is retiring at the end of Jan., 2017.
Item E.1 Board granted approval of an Amendment to Agreement with the Key West
Botanical Garden Society, Inc. To revise Exhibit A outlining scope of service for
the Botanical Garden Signage, Playground and Demonstration Garden Project.
Item E.2 Board approved announcement of one vacant position on the Tourist
Development Council District IV Advisory Committee for one "At Large"
appointment.
Item E.3 Board approved announcement of one vacant position on the Tourist
Development Council District III Advisory Committee for one "At Large"
appointment.
Item L 1 Board approved Final Report Regarding Refunds to Applicants Related to the
35% Discount of Building Permit Applications Submitted Prior to October 1,
2014, issued prior to December 31, 2015, as Approved by Resolution No. 387-
2014
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Item L2 Board granted approval of an Inter -Local Agreement (ILA) between Monroe
County and the Village of Islamorada (City) reimbursing the City in an amount up
to $18,000 from Boating Improvement Funds (BIF) for costs to be incurred by the
City during FY' 17 for regulatory buoy maintenance.
Item L3 Board granted approval of a task assignment (FK -139) with the Florida Fish &
Wildlife Conservation Commission (FFWCC) to receive $70,000 which will
allow the County to hire a contractor to remove invasive exotic plants from
conservation lands that are owned or managed by Monroe County.
Item L4 Board granted approval of a task assignment (FK -142) with Florida Fish &
Wildlife Conservation Commission (FFWCC) to receive $70,000 which will
allow the County to hire a contracted crew of invasive exotic plant control
technicians to treat invasive exotic plants on conservation lands that are owned or
managed by Monroe County.
Item M.1 Board approved request for expenditure from the Law Enforcement Trust Fund.
$1000.00 Florida Keys Land & Sea Trust at Crane Point
Item N.1 Board granted approval of First Amendment to the core contract for FY 16 with
Florida Department of Health.
Item 0.1 Board granted approval for the appointment of Linda Douville to the Library
Advisory Board.
Item 0.3 Board approved a financial support request by Florida Keys Environmental Fund,
a 501C(3) corporation to provide data and analysis on boating impacts to shallow
water habitats and the Fish and Wildlife that inhabits the area. Total cost of the
study is $50,000 which the county's participation would be $25,000. Though item
was Bulk Approved, Board allowed Charles Causey to address the Board as a
public speaker.
Item 0.4 Board granted approval to appoint Kate DeLoach to the Historic Preservation
Committee to fulfill the term of Ray Rhash. Her term will expire on January 20,
2019.
Item 0.5 Board granted approval for the appointment of Adele Gerbracht to the Florida
Keys Council for People with Disabilities.
Item P.1 Board accepted Clerk's Report: (1) Transfer of Assets between departments -
Informational Purpose Only (2) Departmental asset inventory- Informational
Purpose Only (3) FKAA invoices for the fiscal year (to include salaries), relating
to the Cudjoe Regional Wastewater System Project. The invoices under $50,000
are being provided For Information Only.
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Item P.2 Board approved request for the deletion of assets awaiting surplus sale through
County Fleet.
Item P.3 Board approved request for Deletion and Disposal of Assets.
Item PA Board granted approval of Tourist Development Council expenses for the month
of June 2016.
Item P.5 Board granted approval of BOCC Warrants (Including Payroll) For The Month of
June 2016.
Item P.6 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 P.7 Board granted Official Approval of May 18, 2016 BOCC Regular Meeting
Minutes.
Item P.8 Board granted Official Approval of May 24, 2016 BOCC Special Meeting
Minutes.
Item Q.3 Board granted ratification of three (3) small contracts signed by the County
Administrator; Perez Engineering, Newton & Associates, Inc. And Advanced
Data Solutions.
Item R.4 Board granted approval to accept proposal from Ace Property and Casualty Ins.
Co. through Arthur J. Gallagher for renewal of Airport Liability Insurance at a
cost of $33,555.00, and approval for staff to sign the necessary forms.
Item R.6 Board granted approval of Interlocal Agreement with the School Board of Miami -
Dade County for placement of the WLRN FM translators on the County's
Emergency Communications Towers.
Item R.7 Board granted approval of First Addendum to the Employment Agreement with
County Attorney Robert Shillinger.
Item R.8 Board granted approval of settlement agreement for a code compliance lien
foreclosure case styled Monroe County v. James Howard and Patrick Howard,
case number CA -P -16 -239, regarding real property located at 29 Hibiscus Lane,
Key Largo, FL 33037.
Item R.9 Board granted approval to proceed with litigation to compel the property owner,
Mr. Mikalson, to comply with various county ordinances and correct the code
violations of Code Compliance Case CE10060200.
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JULY 20, 2016
Item R.10 Board approved the Semi - annual examination of public official bonds for County
Commissioners and Constitutional Officers pursuant to F. S. 137.05 and § 2 -28 of
the Monroe County Code and finding that all current bonds and /or insurance
policies are adequate.
Item T.1 Board granted approval of Amendment 42 between Care in the Keys, Inc., d /b /a
Island Private Care and Monroe County Board of County Commissioners /Monroe
County Social Services beginning 07/30/2016 and ending on 12/31/2016, to
update Contractor details.
NON -BULK APPROVALS
Item C.2 Approval of Change Order 2 to the construction contract with Douglas N.
Higgins, Inc. for the Lake Surprise Estates (Key Largo) Roadway and Drainage
Improvements Project to incorporate sea level rise adaptation and to adjust some
quantities to actual vs "as bid" amounts for an additional cost of $397,468.43.
Kevin Wilson, Public Works & Engineering, elucidated to the Board the reason
this project stop midway /additional cost. Roman Gastesi, County Administrator,
addressed the Board.
RESULT: APPROVED [UNANIMOUS] Agenda Item C.2
MOVER: Heather Carruthers, Mayor District 3
SECONDER: George Neugent, Mayor Pro Tem/Commissioner District 2
AYES: Carruthers, Neugent, Kolhage, Murphy, Rice
Item C.3 Approval to award bid and approve a contract with H &R Paving, Inc. For
Construction of the Sexton Cove Estates (Key Largo) Roadway and Drainage
Improvements project in the amount of $1,105,342.35. After Mayor Carruthers's
comment, Kevin Wilson of Public Works /Engineering addressed the Board. A
motion was made moving approval.
RESULT:
APPROVED [UNANIMOUS] Agenda Item C.3
MOVER:
Heather Carruthers, Mayor District 3
SECONDER:
Danny Kolhage, Commissioner District 1
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
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JULY 20, 2016
Item CA EMPLOYEE SERVICES: Approval of a Resolution to amend the Personnel
Policies and Procedures Manual to: increase the time period in which two persons
can fill a single budgeted position from 30 days to up to six months for regular
positions and up to one year for department heads to allow for training during
transitions; clarify that employees may be allowed time off with pay to participate
in organizations as members and officers; clarify that departments may pay for
employee training in advance instead of employee being reimbursed; allow for a
$1,500 /year ($125 per month) payment for employees obtaining a "value added"
degree beyond what is minimally required for the position; revise wording so
incentive pay is calculated in addition to base salary; clarify that employee must
physically work over 40 hours in order to get overtime in accordance with federal
Department of Labor rules; include possible termination if employee pleads to an
offense, in addition to convictions; allow for purchase of travel insurance, as
previously approved by the Board of County Commissioners on June 15, 2016;
and require reporting of domestic violence incidents and to clarify how the county
will act once reported.
Agenda Item CA was deleted the day of the meeting.
Item C.14 Approval of Amendment 1 to Agreement with T. Y. Lin International For
Engineering Design and Permitting Services for the Stock Island I Roadway and
Drainage Improvement Project for additional design services for the sea level rise
adaptation initiative at an additional cost of $34,752.00. Kevin Wilson, Public
Works /Engineering, addressed the Board regarding Sea Level Rise.
RESULT: APPROVED [UNANIMOUS] Agenda Item C.14
MOVER: David Rice, Commissioner District 4
SECONDER: George Neugent, Mayor Pro Tem/Commissioner District 2
AYES: Carruthers, Neugent, Kolhage, Murphy, Rice
Item C.17 Approval of a three (3) year agreement for the ESRI Small Municipal and County
Government Enterprise License Agreement with Environmental Systems
Research Institute, Inc. to access GIS software on an unlimited basis and include
software maintenance as provided in quote 4 20489632. Total cost for 36 months
is $150,000.00. After Mayor Carruther's comment, Alan MacEachern; Director
of Information Technology, provided a break -down of the costs sharing.
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RESULT: APPROVED [UNANIMOUS] Agenda Item C.17
MOVER: Danny Kolhage, Commissioner District 1
SECONDER: George Neugent, Mayor Pro Tem/Commissioner District 2
AYES: Carruthers, Neugent, Kolhage, Murphy, Rice
Item C.23 Approval of First Amendment to Agreement for Air Conditioning Maintenance
and Repair with SUB -ZERO, Inc. to increase the contract total compensation
amount from $70,000.00 /year to $120,000.00 /year for Lower Keys facilities
central air conditioning maintenance and repair. Commissioner Kolhage clarified
that this contract is on a time and a material basis. Kevin Wilson, Public
Works /Engineering, concurred.
RESULT: APPROVED [UNANIMOUS] Agenda Item C.23
MOVER: Danny Kolhage, Commissioner District 1
SECONDER: George Neugent, Mayor Pro Tem/Commissioner District 2
AYES: Carruthers, Neugent, Kolhage, Murphy, Rice
Item C.26 Approval of a contract with Toppino and Sons, Inc. for the construction of the Big
Coppitt Boat Ramp Repairs in the amount of One Hundred Eighty Four Thousand
and No /100 Dollars ($184,000.00). The project is funded by the One Cent
Infrastructure Sales Tax. Commissioner Kolhage commented this is a subject for
Boating and Improvement Fund. Kevin Wilson, Public Works /Engineering, and
Christine Hurley, Growth Management, addressed the Board to explain the reason
why this was moved from Boating Improvement to 304.
RESULT:
APPROVED [UNANIMOUS] Agenda Item C.26
MOVER:
Danny Kolhage, Commissioner District 1
SECONDER:
David Rice, Commissioner District 4
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
Item C.34 Approval of a contract between Monroe County Board of County
Commissioners /Monroe County Social Services (Monroe County Transit) and the
Community Transportation Coordinator, Guidance Care Center, Inc., for a
contract period of 7/1/2016 to 6/30/2017. This is a non - monetary
partnership /collaboration contract required by the State of Florida Commission
for the Transportation Disadvantaged.
Item was held by Commissioner Rice to announce his abstention on the record (Clerk
received notice).
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MOVER: George Neugent, Mayor Pro Tem/Commissioner District 2 Agenda Item C.34
SECONDER: Danny Kolhage Commissioner District 1
Roll-Call was taken by the Clerk with the following results:
Commissioner Kolhage
Commissioner Murphy
Commissioner Neugent
Commissioner Rice
Mayor Carruthers
Motion Carried.
TAX COLLECTOR
Yes
Yes
Yes
Abstain, Voting Conflict
Yes
Item D.1 Recap of the 2015 Tax Roll.
Danise Henriquez, Monroe County Tax Collector, presented the end of the year
report 2015 Tax Roll. Danise Henriquez requested approval for an extension for
the year 2016 Tax Roll for the Property Appraiser's Office.
RESULT:
Approved [UNANIMOUS] Agenda Item D.l
MOVER:
Danny Kolhage, Commissioner District 1
SECONDER:
George Neugent, Mayor Pro Tem/Commissioner District 2
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
STAFF AND ADVISORY COMMITTEE REPORTS
JULY 20, 2016
AGENDA ITEM # F
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
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OF THE MONROE COUNTY
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JULY 20, 2016
Teresa Aguiar — Human Resource Director
James Callahan -Fire Chief/Division Director
Emergency Services
Climate Change Advisory Committee Report
YES NO
YES NO
YES NO
A staff report /update was provided by Kevin Wilson, Assistant County
Administrator, regarding Cudjoe Regional Wastewater Project, Pigeon Key
Access Rehab Project, and other areas concerning those departments under his
supervision.
Item F.1 A Presentation to the Board of County Commissioners recommending Adaptation
Action Area criteria for staff review and implementation. Alicia Betancourt,
presented a slide presentation regarding Adaptation Action Area Criteria.
Following the presentation, Planning & Environmental Resources Director, Mayte
Santemaria, addressed the Board to request that staff have an opportunity to
review, revise, and or adjust prior to the Board's adoption of a final document.
ADJOURNMENT OF THE BOARD OF COUNTY COMMISSIONERS MEETING FOR
THE FIRE AND AMBULANCE DISTRICT I BOARD OF GOVERNOR'S BOARD
MEETING
FIRE & AMBULANCE DISTRICT I BOARD OF GOVERNORS
Present and answering to the Roll Call was Commissioner Danny Kolhage,
Commissioner /Chairperson George Neugent, Commissioner /Vice Chairperson
David Rice, and Councilwoman Katie Scott.
Chief Callahan provided report to the Board regarding the new helicopter that is
forthcoming. Staff will also do another round of publicity informing the citizens
of where the Trauma Star stickers are available.
Item H.1 Approval to enter into an Employment Agreement /Contract to fulfill the currently
open position of Billing Specialist, and authorization for the County
Administrator /Fire Chief to execute all necessary documents; pre - approval was
given to move forward with contract /hiring at June 15, 2016 BOCC meeting.
RESULT: APPROVED [UNANIMOUS] Agenda Item H.l
MOVER: David Rice, Vice- Chairman/Commissioner District 4
SECONDER: Danny Kolhage, Commissioner District 1
AYES: Neugent, Kolhage, Rice, Scott
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THE LOWER & MIDDLE KEYS FIRE & AMBULANCE DISTRICT BOARD OF
GOVERNORS ADJOURNED AND THE BOARD OF COUNTY COMMISSIONERS
RECONVENED
PLANNING AND ENVIRONMENTAL, BUILDING AND CODE COMPLIANCE
DEPARTMENTS — BULK APPROVALS
Item L5 Approval of a resolution expressing support for the Florida Department of
Environmental Protection and the Florida Department of Transportation to
continue to design and construct the remaining portions of the Florida Keys
Overseas Heritage Trail, requesting prioritization of design, construction, and
funding of the Sugarloaf Key section of the trail and consideration for project
phasing. Stuart Schaffer (representing Sugarloaf Shores POA) and Deb Curlee
addressed the Board as public speakers. Following Board's discussion, motion
was made to adopt the following resolution.
RESULT:
APPROVED [UNANIMOUS] Agenda Item I.5 Resolution #148 -2016
MOVER:
Sylvia Murphy, Commissioner District 5
SECONDER:
David Rice, Commissioner District 4
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
RESOLUTION #148 -2016 IS INCORPORATED HEREIN BY REFERENCE
PLANNING AND ENVIRONMENTAL, BUILDING AND CODE COMPLIANCE
DEPARTMENTS
Item Jl No Items Submitted.
CLOSED SESSION
Item K. 1 Attorney -Client Closed Session in the case of Delaney et al. v. FKAA and
Monroe County, 16th Judicial Circuit Case No. CA -K -16 -439.
At the request of County Attorney Bob Shillinger, motion was made by
Commissioner Murphy and seconded by Commissioner Neugent to continue the
Closed Session to the August 17, 2016 BOCC meeting in Key West, FL at 1:30
p.m. or as soon thereafter as may be heard.
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RESULT:
TABLED [UNANIMOUS] Agenda Item KI Next: 8/17/2016 9:00 AM
MOVER:
Sylvia Murphy, Commissioner District 5
SECONDER:
George Neugent, Mayor Pro Tem/Commissioner District 2
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
Item K.2 An Attorney- Client Closed Session in the matter of KW Resort Utilities Rate
Application, Florida Public Service Commission Docket No. 150071 -SU.
Closed Session held; script read into the record.
County Attorney, Bob Shillinger; asked for a continuance of the closed session
that was just completed to the August meeting as well for further discussion at
that time. Commissioner Murphy was the mover and Commissioner Kolhage
seconded the motion. Motion approved unanimously.
Mayor Heather Carruthers declared the closed meeting ended and returned to the open session.
EVERGLADES RESTORATION AND FLORIDA BAY /FP &L ISSUES
Item L.1 Presentation by Laura Reynolds, Conservation Concepts, LLC regarding Turkey
Point and Florida Power and Light. Laura Reynolds presented a slide
presentation with an update on Turkey Point and its progress. Laura Reynolds is
requesting two actions; (1) help us continue to study Biscayne Bay etc. and (2) to
pass a resolution calling for DEP to require FPL to use reuse water and
mechanical draft cooling towers and eliminate the interactions with the aqua for
all together. After discussion, staff was advised to bring back before the Board at
the August meeting for further discussion. Meanwhile, staff is to research and
work with Laura Reynolds. No Action today.
COMMISSIONERS' ITEMS
Item 0.2 Request to direct staff (Public Works /Engineering) to discuss, with appropriate
Florida Department of Transportation personnel, placing entry /exiting signs in the
Right of Way for Big Pine Key west of the Pine Channel and west of Spanish
Harbor in the median area. Bill Kensley, President of the Board of Directors for
the Lower Keys Chamber of Commerce, addressed the Board. Commissioner
Neugent motioned to move forward; seconded by Commissioner Kolhage.
Motion approved unanimously. Kevin Wilson, Public Works & Engineering
addressed the Board. Staff has direction.
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Item 0.6 Approval to appoint Sandra Higgs to the MSCO Shared Asset Fine & Forfeiture
Advisory Board to fulfill term of David P. Horan, who recently resigned.
Commissioner Murphy addressed a concern that may require some change; the
overlapping of Boards members whereas members of the HSAB are appointed to
the Staff Board as well and at the same time. These two boards are too much
alike. It will be much safer and fairer to the Non - Profits if the appointments were
one board at time. Commissioner Rice disagreed; stated has appear as a member
before both boards. After discussion by the Commissioners, a motion was made
by Commissioner Murphy and seconded by Commissioner Rice to approve the
appointment. Motion was unanimously approved. Commissioner Murphy also
made a motion that from this point on a person not sit on the HSAB and Staff
Board at the same time. Mayor Carruthers seconded the motion. After further
discussion, Commissioner Murphy rescinded her motion and Mayor Carruthers
rescinded her seconded. No further direction was provided.
Item 0.7 Discussion and direction to staff regarding naming the Marathon Customs Facility
wing at the Marathon International Airport in honor of Dick Ramsay for his
vision and commitment in helping bring this project to fruition. Commissioner
Rice brought forth this agenda item to request to have Dick Ramsay
memorialized. Commissioner Murphy suggested that inside that wing, we do a
picture and a plague underneath it describing who is Dick Ramsay and what did
he do that was noble. Commissioner Kolhage suggested for the motion to include
an appropriate resolution to be placed on the record. Sheriff Rick Ramsey
addressed the Board to express his appreciation.
RESULT: APPROVED [UNANIMOUS] Agenda Item 0.7
MOVER: George Neugent, Mayor Pro Tem/Commissioner 2
SECONDER: Sylvia Murphy, Commissioner 5
AYES: Carruthers, Neugent, Kolhage, Murphy, Rice
COUNTY ADMINISTRATOR
Item Q.I County Administrator Report submitted.
Item Q.2 Introduction of Jim Wolfe, new District 6 Secretary, Florida Department of
Transportation. Roman Gastesi, County Administrator, addressed the Board to
introduce Jim Wolf, the new District 6 Secretary, Florida Department of
Transportation.
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JULY 20, 2016
Item Q.4 Approval of a Resolution expressing the support of the Monroe County Board of
County Commissioners for expediting and funding Everglades Restoration
projects that prioritize water conveyance to the Florida Bay, and recognize the
Florida Bay as a critical part of the Everglades ecosystem. Lisa Tennyson,
Legislative Affairs & Grants Acquisition Director, set the stage. Ernie Mares,
Division President, South Florida Water Management District presented a slide
presentation. Stephen Davis (representing Everglades Foundation), Mike Forster,
Deb Gillis, Captain Bill Wickers (representing Key West Charter Boat
Association), Peter Boyce, Elizabeth John (representing Florida Bay Forever Bay
& Reef Company), Celeste De Palma (Audubon Florida), and Deb Curlee
addressed the Board as public speakers. After discussion, a motion was made by
Commissioner Murphy and seconded by Commissioner Neugent to adopt the
following resolution.
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.
RESOLUTION #135 IS INCORPORATED HEREIN BY REFERENCE
COUNTY ATTORNEY
Item R.1 July 2016 County Attorney's Written Report submitted.
Item R.2 Discussion and direction regarding request from Monroe County Sheriff Rick
Ramsay for the Board of County Commissioners to adopt an ordinance which
would authorize deputies and /or county staff to remove graffiti from properties
where the owner is unable to do so. Sheriff Rick Ramsey and Bob Shillinger,
County Attorney, addressed the Board. After discussion, direction was provided
for County Attorney to work with the Sheriff to draft an ordinance and bring it
back to the Board for their consideration.
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Item R.3 Discussion and possible approval regarding application by Domestic Abuse
Shelter, Inc., for 2016 award from the Sheriff's Shared Asset Forfeiture Fund
account. Cynthia Hall, Assistant County Attorney, set the stage. Jennifer Powell
(representing Domestic Abuse Shelter) and Brandy Carlson (representing Florida
Coalition Against Domestic Violence) addressed the Board as public speakers.
Cynthia Hall, Assistant County Attorney, addressed the Board. Discussion held.
Board directed the County Attorney to bring a contract back to the Board at the
August BOCC meeting that contains language to ensure the County's contract and
any funding distributed by the County is only done with a properly licensed
agency and ensures funding stays in Monroe County and used for Monroe County
services only.
RESULT: APPROVED [UNANIMOUS] Agenda Item R.3
MOVER: David Rice, Commissioner District 4
SECONDER: George Neugent, Mayor Pro Tem/Commissioner District 2
AYES: Carruthers, Neugent, Kolhage, Murphy, Rice
Item R.5 Request to hold an Attorney- Client Closed Session in the matter of Monroe
County v. Zamindari Investments, Inc., Aqua Ranch, Inc., Charles Barra as
Officer for Aqua Ranch, Inc., and Kristin Kurtz as Officer for Aqua Ranch, Inc.,
Circuit Court Case No. CA -M -14 -165 at the regularly scheduled BOCC meeting
on August 17, 2016 in Key West, FL at 1:30 p.m. or as soon thereafter as may be
heard. Read script into the record by County Attorney Bob Shillinger.
RESULT:
APPROVED [UNANIMOUS] Agenda R.5
MOVER:
George Neugent, Mayor Pro Tem/Commissioner District 2
SECONDER:
David Rice, Commissioner District 4
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
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JULY 20, 2016
PUBLIC HEARINGS
Item S.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. Staff requested this
Public Hearing to be continued to the August BOCC meeting to allow staff time
to add requested additional language into the ordinance. Deb Curlee public
speaker will wait until item is heard.
RESULT:
TABLED [UNANIMOUS] Agenda Item S.1 Next: 8/17/2016 9:00 AM
MOVER:
George Neugent, Mayor Pro Tem/Commissioner District 2
SECONDER:
Sylvia Murphy, Commissioner District 5
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
Item S.2 A public hearing to consider an ordinance amending Sec. 18 -2 of the Monroe
County Code to provide the County Administrator with authority to waive the
prohibitions of possession and consumption of alcoholic beverages at public
beaches and parks.
RESULT:
APPROVED [UNANIMOUS] Agenda Item S.2 Ordinance #023 -2016
MOVER:
Sylvia Murphy, Commissioner District 5
SECONDER:
David Rice, Commissioner District 4
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
ORDINANCE #023 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item S.3 A Public Hearing to consider approval of an Ordinance amending Monroe County
Code Section 6 -55 regarding older building permits and the Building Official's
authority and duties. Public Speaker Robbie Majeska addressed the Board.
Christine Hurley, Assistant County Administrator, addressed the Board and spoke
regarding the permits.
RESULT:
APPROVED [UNANIMOUS] Agenda Item S.3 Ordinance #022 -2016
MOVER:
Sylvia Murphy, Commissioner District 5
SECONDER:
David Rice, Commissioner District 4
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
ORDINANCE #022 -2016 IS INCORPORATED HEREIN BY REFERENCE
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JULY 20, 2016
Item S.4 A Public Hearing to amend Section 19 -5 of the Monroe County Code to prohibit
fishing from the Sugarloaf Blvd. Bridge (CR939 (Sugarloaf Blvd.) Monroe
County Bridge 4904153 over unnamed channel). Public speaker Stuart Schaeffer
addressed the Board.
RESULT: APPROVED [UNANIMOUS] Agenda Item S.4 Ordinance #024 -2016
MOVER: George Neugent, Mayor Pro Tem/Commissioner District 2
SECONDER: David Rice, Commissioner District 4
AYES: Carruthers, Neugent, Kolhage, Murphy, Rice
ORDINANCE #024 -2016 IS INCORPORATED HEREIN BY REFERENCE
Item S.5 Approval of a resolution renouncing and disclaiming any right of the County and
the public in and to a portion of the right -of -way of Ed Swift Road, in a part of
Government Lot 2, Township 67 South, Range 26 East, on Big Coppitt Key,
Monroe County, Florida. THE APPLICANT IS REQUESTING A
CONTINUANCE TO THE AUGUST 17, 2016 BOCC MEETING.
RESULT:
TABLED [UNANIMOUS] Agenda Item S.5 Next: 8/17/2016 9:00 AM
MOVER:
Danny Kolhage, Commissioner District 1
SECONDER:
Sylvia Murphy, Commissioner District 5
AYES:
Carruthers, Neugent, Kolhage, Murphy, Rice
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Item S.6 A public hearing to consider a resolution transmitting to the State Land Planning
Agency an ordinance by the Monroe County Board of County Commissioners
amending Monroe County Comprehensive Plan by creating a definition of
offshore island; amending Policies 101.6.8 and 101.13.3 within the Future Land
Use Element and Policy 206.1.2 within the Conservation and Coastal
Management Element to further clarify the development of offshore islands;
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. (Legislative Proceeding). Mayte Santamaria
presented a presentation to set the stage for discussion for the Board to consider a
resolution. Bob Shillinger, County Attorney, and Steve Williams, Assistant
County Attorney, addressed the Board. Charles Causey (citizen), Bart Smith
(representing FEB Corporation), Phil Frank (representing FEB Corporation), Julie
Dick (representing Florida Keys Environmental Fund /Last Stand), and Jerry
Lorenzo (representing Audubon Florida) addressed the Board as public speakers.
Discussion held by Commissioners. A motion was made by Commissioner
Kolhage and seconded by Commissioner Rice to not approve the resolution
transmitting the ordinance to the State Land Use Planning Agency.
Roll-Call was taken by the Clerk with the following results:
Commissioner Kolhage
Yes
Commissioner Murphy
No
Commissioner Neugent
No
Commissioner Rice
Yes
Mayor Carruthers
Yes
Motion Carried.
Board directed staff to move the process as quickly as possible to get the Land
Development Regulation in place.
A second motion was made by Commissioner Kolhage directing staff to prepare a
new Interim Development Ordinance as to a Land Development Regulation for
102.6.1 as quickly as possible in order to continue to defer applications until the
new LDR is in place. The motion was seconded by Commissioner Rice with
unanimous approval.
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Item S.7 A public hearing to consider an ordinance by the Monroe County Board of
County Commissioners to continue to defer the approval of applications for the
transfer of development rights to offshore islands, transfer of ROGO exemptions
to offshore islands, tier amendments for offshore islands; map amendments for
offshore islands to increase potential density or intensity and text amendments for
offshore islands to increase development potential (density /intensity),
commencing July 20, 2016, until such time as a comprehensive plan amendment
process is completed regarding offshore islands and providing for expiration
within nine (9) months of the effective date of this interim development ordinance
or when the comprehensive plan amendments become effective, whichever comes
first. This Public Hearing was cancelled or withdrawn when called in that the
previous S6 companion Public Hearing resulted in that the Board failing to
approve, by 3 -2 vote, transmittal of the S6 ordinance to the State Land Use
Planning Agency.
RESULT: WITHDRAWN /Agenda Item S.7
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JULY 20, 2016
ADD ONS
Item T.2 Approval of State of Florida Stan Mayfield Working Waterfront Grant Contract,
Resolution authorizing acceptance and execution of the Grant Contract, and a
Confidentiality Agreement for the acquisition of the commercial fishing property
on Stock Island formerly known as "Gulf Seafood" to preserve working
waterfront access for the commercial fishing industry. Lisa Tennyson, Legislative
Affairs & Grant Acquisition Director, set the stage. Deb Curlee, Daniel Padron
(representing Commercial Fishermen), Bill Kelly (representing Florida Keys
Commerical Fishermen's Association), George Niles (representing Commercial
Fishermen), Mimi Stafford, William Roche, Jason Bevaldi, and Josh Nicklaus
addressed the Board as public speakers. A Motion was made by Commissioner
Rice and seconded by Commissioner Neugent to adopt the following resolution.
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.
RESOLUTION #134 -2016 IS INCORPORATED HEREIN BY REFERENCE
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JULY 20, 2016
There being no further business, the meeting of the Board of County Commissioners was
adjourned.
Amy Heavilin, CPA, Clerk
and ex- officio Clerk to the
Board of County Commissioners
Monroe County, Florida
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