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Item M2County of Monroe A BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 The Florida. Key y w) Mayor Pro Tem David Rice, District 4 �r Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting March 15, 2017 Agenda Item Number: M2 Agenda Item Summary #2739 BULK ITEM: No DEPARTMENT: County Clerk of Court TIME APPROXIMATE: STAFF CONTACT: Pamela Hancock (305) 292 -3314 N/A AGENDA ITEM WORDING: Official approval of the Board of County Commissioners minutes from the July 20, 2016 regular meeting; August 17, 2016 regular meeting; September 21, 2016 regular meeting; October 19, 2016; November 14, 2016 special meeting; November 22, 2016 regular meeting; December 6, 2016 special meeting; and December 14, 2016 regular meeting. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: July 20th August 17th September 21st October 19th November 14th November 22nd December 6th December 14th FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: N/A REVIEWED BY: Bob Shillinger Completed 02/28/2017 2:29 PM Kathy Peters Completed 02/28/2017 6:14 PM Board of County Commissioners Pending 03/15/2017 9:00 AM MINUTES 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. a 7/20/2016 Pagel MINUTES 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. 7/20/2016 Page 2 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS JULY 20, 2016 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. 7/20/2016 Page 3 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS JULY 20, 2016 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. 7/20/2016 Page 4 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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 7/20/2016 Page 5 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS JULY 20, 2016 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. 7/20/2016 Page 6 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS JULY 20, 2016 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. 7/20/2016 Page 7 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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 7/20/2016 Page 8 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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. 7/20/2016 Page 9 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS JULY 20, 2016 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). 7/20/2016 Page 10 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS JULY 20, 2016 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 a a 7/20/2016 Pagell MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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 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 /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 a 7/20/2016 Page 12 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS JULY 20, 2016 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. 7/20/2016 Page 13 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS JULY 20, 2016 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. 7/20/2016 Page 14 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS JULY 20, 2016 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. 7/20/2016 Page 15 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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. 7/20/2016 Page 16 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS JULY 20, 2016 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 7/20/2016 Page 17 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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 7/20/2016 Page 18 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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 a 7/20/2016 Page 19 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS JULY 20, 2016 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. 7/20/2016 Page 20 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS JULY 20, 2016 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 7/20/2016 Page 21 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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 1 7/20/2016 Page 22 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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 a 7/20/2016 Page 23 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 Regular Meeting Board of County Commissioners Wednesday, August 17, 2016 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. at the Harvey 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. Mayor Carruthers requested the Board to formally recognize Gary Dunnick, who recently retired from the Florida Highway Patrol for his outstanding service to this County and also Commissioner Kolhage requested his recognition be made by way of a resolution at the Sept. 21 st meeting in Key Largo or a meeting location most convenient for him. ADDITIONS, 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.1 MOVED THE AGENDA AS AMENDED: Danny Kolhage, Commissioner District 1 SECONDER: George Neugent, Mayor Pro Tem/Commissioner District 2 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice PRESENTATION OF AWARDS Item B. No items submitted. a il 8/17/2016 Pagel MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 BULK APPROVALS Commissioner Sylvia Murphy addressed the audience regarding the Rules of Bulk Approval's items. Motion was made by Commissioner Murphy and seconded by Commissioner Neugent granting approval of the following bulk items (C.1 through R.6). Motion passed unanimously. Item C.1 Board granted approval of a Resolution of the Board of County Commissioners of Monroe County, FL, approving the Local Housing Assistance Plan for Fiscal Years 2016 - 2017/2017 - 2018/2018 -2019 as required by the State Housing Initiatives Partnership Program Act, Subsections 420.907- 420.9079, Florida Statutes; and Rule Chapter 67 -37, Florida Administrative Code; authorizing and directing the Mayor to execute any necessary documents and certifications needed by the state; authorizing the submission of the Local Housing Assistance Plan for review and approval by the Florida Housing Finance Corporation; and providing an effective date. RESOLUTION #191 -2016 IS INCORPORATED HEREIN BY REFERENCE Item C.2 Board granted approval of Agreement with Evergreen Solutions, LLC in the amount of $19,500 plus $3000 per in person meeting, to conduct a minimum living wage analysis of $31,200/$15.00 an hour which will include determination of issues that may arise with supervisory duties or compression of positions; what needs to be done to fix those issues; cost for County implementation with variable options; and publication of analysis. Item CA Board granted approval to close Fund 172, Cudjoe- Sugarloaf MSTU, and instruct the Clerk of the Court to transfer remaining residual funds (approximately $5.00 remains) To Fund 312, Cudjoe Regional Wastewater Project. Item C.5 Board granted approval of 2016 Blue Options Benefit Booklet for Covered Plan Participants of the Monroe County BOCC Group Health Plan (a.k.a. Plan Document) applicable from January 1, 2016 through December 31, 2016. Item C.6 Board granted approval of Ninth Amendment of Lease for Grantair Service, Inc., a Fixed Base Operator (FBO) at The Florida Keys Marathon International Airport. The current lease terminates on April 9, 2028, however the FBO intends to invest at least $1.5 million dollars in capital improvements to rebuild its hangar and office space. If Grantair completes construction of the new terminal and office space by April 9, 2028, then the termination date of the lease will be extended to April 20, 2046. In addition the fuel flowage fee will increase from $0.06 to $0.10 per gallon which will result in approximately $24,000.00 additional fuel flowage revenue. il 8/17/2016 Page 2 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 Item C.7 Board granted approval of Amendment to Lease between the Key West International Airport and Last Chance Gifts, LLC extending the term of the original lease for an additional five (5) years commencing October 1, 2016 and expiring September 30, 2021 and approval to waive prior year credits and arrearages. Item C.9 Board granted ratification and approval of set proposed millage rate read at the July 18th Special Budget meeting. There is a correction to the reading of the rolled -back rate, the proposed millage rate, the percent above /below the rolled - back rate that was certified to the Property Appraiser. Item C.10 Board granted request for a special meeting to discuss the county health care plan on Tuesday, September 6th at 2:00 P.M. Item C.11 Board granted approval to renew the contract on a month to month basis with UniFirst Corporation for the Division of Public Works uniform services, Monroe County. Item C.12 Board granted Issuance (renewal) of a Class A Emergency Medical Services Certificate of Public Convenience and Necessity (COPCN) to Key Largo Volunteer Ambulance Corps., Inc. (KLVAC) for the operation of an ALS transport ambulance service. Item C.13 Board granted approval to amend the existing contract with Buccaneer Courier to remove one (1) stop at the request of the Department of Health. Item C.16 Board granted Microsoft Volume License Agreement Renewal Approval of three (3) year renewal term for Microsoft Volume License Agreement under State of Florida Contract 4 252 - 001 -09 -1 from SHI International Corp. Total cost for 36 month term is $408,439.53 annual cost $136,146.51 yearly. Item C.17 Board granted approval of invoice to purchase additional Microsoft licenses and the first year of software assurance (maintenance). Item C.18 Board granted Microsoft Renewal for Fire Rescue approval of a three (3) year Microsoft Volume License Agreement under the State of Florida Contract 4 252- 001-09-1 from SHI International Corp. As provided in quotation 4 11957789 total cost for 36 months $12,576.75 for an annual of $4,192.25 yearly. Item C.20 Board granted ratification of Federally Funded Sub grant 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, to correct Page 28 per DEO's request. 8/17/2016 Page 3 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 Item C.21 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 #185 -2016 receipt of unanticipated funds for Fund 125 Resolution #186 -2016 receipt of unanticipated funds for Fund 304 Resolution #187 -2016 transfer of funds for Fund 001 Resolution #188 -2016 transfer of funds for Fund 207 Resolution #189 -2016 transfer of funds for Fund 001 Item C.22 Board granted approval of a Resolution approving Affordable Housing Agreement with the Village of Islamorada for the Plantation Key Courthouse and Detention Center Site Plan review process. RESOLUTION #178 -2016 IS INCORPORATED HEREIN BY REFERENCE Item D.1 Board granted approval of an Agreement with Tinsley Advertising & Marketing, Inc. To provide advertising services which promote tourism. Item D.2 Board granted approval of an Agreement with Monroe Council of the Arts, d /b /a Florida Keys Council of the Arts to supplement cost of tourist related programs. Item D.3 Board granted approval of an agreement with Monroe Council of the Arts d /b /a Florida Keys Council of the Arts to act as a Cultural Umbrella Organization to make recommendations to the Monroe County TDC and BOCC on funding for tourism related cultural activities. Item DA Board granted approval of an Agreement with Florida Keys Fishing Tournaments, Inc. to oversee the TDC Fishing Umbrella, and advisory committee to make recommendations to the TDC and BOCC concerning funding for tourism related fishing activities and marketing. Item D.5 Board granted approval of the 2016 -2017 Monroe County Tourist Development Council Marketing Plan. Item D.6 Board granted approval of Amendment to Agreement with JDO Insights, Inc. (d.b.a. Insights, Inc.) to provide Visitor Profile Services. Item D.7 Board granted approval of one "At Large" appointment to the Tourist Development Council District III Advisory Committee. Item D.8 Board granted approval of one "At Large" appointment to the Tourist Development Council District IV Advisory Committee. 8/17/2016 Page 4 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 Item H.1 Board granted approval of Grant Agreement No. 15085 (Agreement) between Monroe County (County) and the Florida Fish and Wildlife Conservation Commission (FWC) providing reimbursement funding to the County in an amount not to exceed $70,278 for waterway marker replacements, in addition to Boating Improvement Funds used for channel marker and regulatory marker (i.e. waterway marker) maintenance. Item L.1 Board granted approval of request for Expenditure from the Law Enforcement Trust Fund. $500.00 Florida Missing Children's Day 2016 Item M.2 Board granted approval of the appointment of Michelle Maxwell to the Career Source South Florida Board of Directors. Item M.3 Board granted approval of the reappointment of Rita Irwin to the Tourist Development Council. Item MA Board granted a resolution of the Board of County Commissioners of Monroe County, applauding the Ocean Conservancy, The Florida Keys National Marine Sanctuary and The Florida Keys Scenic Highway Corridor alliance for their efforts in organizing and carrying out a keys -wide beach cleanup to take place on September 17, 2016. RESOLUTION #177 -2016 IS INCORPORATED HEREIN BY REFERENCE Item M.5 Board granted appointment of Paula Joyner - Cunard to the KWIA Ad Hoc Committee on Noise, replacing Amy Kehoe. Item M.6 Board granted appointment of Tom Nelson to the KWIA Ad Hoc Committee on Noise, replacing Robert Padron. Item N.2 Board accepted Clerk's Report: (1) Fixed Asset Transfers - 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. Item N.3 Board granted approval of Tourist Development Council expenses for the month of July 2016. Item NA Board granted approval of BOCC Warrants (Including Payroll) for the Month of July 2016. Item N.5 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. 8/17/2016 Page 5 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 Item N.6 Board granted approval of Computer Fixed Asset Deletion Requests. Item 0.2 Board granted authorization to advertise a Request for Qualifications (RFQ) for on -call professional engineering services for canal and environmental services. Item 0.3 Board authorized entering into Amendment No. 8 with Erin L. Deady, P.A. to provide a no -cost extension of time by which the Pilot Roads Project and the Green Keys! Sustainability Action Plan (Plan) will be completed. Item 0.4 Board granted ratification of one small contract, Jacobs Project Management Co. For $49,100.00, signed by The County Administrator. Item 0.7 Board granted ratification of two (2) small contracts, Agreement with Archaeological and Historical Conservancy, Inc. and the Amendment 1 to the Agreement with Archaeological and Historical Conservancy, Inc. signed by the County Administrator. Item 0.9 Board granted approval of the Confidentiality Agreement required for State of Florida Stan Mayfield Working Waterfront Grant Contract. Item P.2 Board granted approval to proceed with litigation to compel the property owner, George Secchiaroli, to comply with various county ordinances and correct the code violations of Code Compliance Case CE11070030. Item P.3 Board granted authorization to initiate litigation against Michael Yawt and the property located at 49 Bahama Avenue and Poinciana Drive if necessary, Key Largo, Florida, to seek compliance with the County Codes and enforce the liens arising from code compliance case number(s) CE10100037 and CE15030049. Item PA Board granted approval of Resolution requesting the Supervisor of Elections to place referendum questions on the November 8, 2016 General Election Ballot in order to determine if the electors of Duck Key support 1) the creation of a Beautification and Improvement District that may replace the current Duck Key Security District and 2) removal of the current special assessment cap on vacant and improved lots. RESOLUTION #151 -2016 IS INCORPORATED HEREIN BY REFERENCE Item R.1 Board granted ratification of Small Contract with Maverick United Elevator LLC for complete elevator service maintenance on a month to month basis commencing August 1, 2016, for a period not to exceed 6 months pending award of contract following Request for Proposal solicitation. 8/17/2016 Page 6 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 Item R.2 Board authorized a contract with Parsons Engineering, Inc. in an amount not to exceed $33,680.00 to provide professional consulting services to assist the County with evaluating our LiDar elevation data mapping needs and preparing a solicitation for LiDar elevation data. Item R.6 Board granted approval of an Inter local Agreement between Monroe County and Miami -Dade County creating the South Florida Workforce Investment Board for Region 23 of the State of Florida. Following approval of the Bulk Approvals, Mayor Carruthers recognized Rick Beasley with the South Florida Workforce Board who addressed the Board. Mayor Carruthers also recognized Karen Thurman and Michelle Maxwell. Sheriff Rick Ramsay then addressed the Board regarding the coordination and united efforts of the South Florida Workforce Board and the Sheriffs Office. NON -BULK APPROVALS Item C.3 Approval of a Resolution to amend the Personnel Policies and Procedures Manual to increase the time in which two employees may fill the same budgeted position from up to 30 days to up to six months for regular positions and up to one year for department heads to allow for training during transitions; clarifies policy for paid time off and membership fees for employees who participate in job related organizations as members and officers; clarifies that departments may pay for job related employee training in advance instead of employee being reimbursed; authorizes a $1,500 ($125 per month) payment for employees obtaining a degree beyond what is minimally required for the position but adds value to the department; clarifies that incentive pay is calculated on top of salary and not included in salary; clarifies that an employee must physically work over 40 hours in order to get overtime in accordance with Department of Labor rules; adds wording to include possible termination if employee pleads to an offense; and adds wording to allow for purchase of travel insurance as previously approved by the BOCC on June 15, 2016. Theresa Aguiar, Division Director of Employee Services, set the stage. This item was held by both Commissioner Murphy and Commissioner Kolhage. Commissioner Kolhage expressed his concern that the double salary overlap period of one year for Department Heads was excessive. Commissioner Murphy shared this concern and also expressed her concern that the County time required following completion of a course funded by the County was too short. Teresa Aguiar, Division Director of Employee Services, responded to the Board's questions and concerns. Mayor Carruthers moved to increase the required County employment period following completion of County funded training from one year to two years. The motion was seconded by Commissioner Murphy and approved with no objection. 8/17/2016 Page 7 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 Mayor Carruthers then recognized Congressman Jose Curbelo who entered the meeting who then addressed the Board. Congressman Curbelo updated the Board regarding legislative efforts underway concerning funding for addressing the Zika virus and is hoping to have legislative action/funding by September. Congressman Curbelo also updated the Board regarding his shared concerns and current efforts at the state level regarding funding and other legislative efforts regarding the Florida Bay. Roman Gastesi, County Administrator, responded to Mayor Carruthers's concern of the necessity of one year. It was further stated six months is sufficient and the county would be fine with that. Following additional discussion, Commissioner Murphy moved to decrease the double - salary overlap period from one year to thirty days or six months. The motion was seconded by Commissioner Neugent and approved with no objection. Motion was then made by Commissioner Murphy to approve the revised policy presented to include the revisions made to the policy at the meeting. The motion was seconded by Commissioner Kolhage and passed with no objection. RESOLUTION #149 -2016 IS INCORPORATED HEREIN BY REFERENCE Item C.8 Approval to Reject Lowest Bidder Pedro Falcon Electrical Contractors for the Stock Island Fire Station HVAC Improvements in the amount of $37,129.00 due to discrepancies on other county projects. Requesting approval to award contract to second lowest bidder, Kenmar General Contracting, in the amount of $62,500.00. Highest of the three bids was D L Porter Constructors for $78,163.00. Project is paid for by the One Cent Infrastructure Sales Tax. This item was held by Commissioner Kolhage who expressed his concern due to the large discrepancy between the low bid and the other two bids received, whether it was staffs determination that the project could not be done for the low bid amount and whether performance issues by the low bidder on other projects played a role in staffs determination. Assistant County Administrator Kevin Wilson, Project Management Director Doug Sposito and Assistant County Attorney Chris Ambrosio addressed the Board to explain the events leading up to this item and responded to the Board's concerns. At the suggestion of Kevin Wilson, a motion was made by Commissioner Kolhage, and seconded by Commissioner Rice, continuing this item to the Sept. 21st BOCC meeting to allow the low bidder additional time to resolve any remaining performance issues on other projects and allow staff to further assess the validity of the low bid. The motion passed with no objection. 8/17/2016 Page 8 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 Item C.14 Approval of an amendment to the Edward Byrne Memorial Justice Assistance Grant Program Funds Agreement with Guidance /Care Center revising Section 5: Standard Conditions of Attachment B. Item C.15 Approval of a Resolution authorizing submission of the FDLE Edward Byrne Memorial Justice Assistance Grant applications for funding as recommended by the Substance Abuse Policy Advisory Board (SAPAB) at is upcoming meeting on August 22, 2016, and approval to authorize the Mayor to execute acceptance of award and related documents, and to execute the Edward Byrne Memorial Justice Assistance Grant (JAG) funding distribution letter with the Florida Department of Law Enforcement (FDLE) for fiscal year 2016 -2017 (Oct. 1, 2016 through Sept. 30, 2017) whereby Monroe County agrees to the distribution of $76,979 in program funds in the County. Due to submission deadlines, the recommendations will be ratified by the Board at a later meeting. RESOLUTION #150 -2016 IS INCORPORATED HEREIN BY REFERENCE Item C.19 Approval for the Substance Abuse Policy Advisory Board (SAPAB) to also serve as the Planning Council and approval to add to the membership of the SAPAB in order to meet the statutory requirements of F.S. 394.657. The Florida Department of Children and Families Office of Substance Abuse and Mental Health has modified the Criminal Justice, Mental Health and Substance Abuse (CJMHSA) Reinvestment Grant (Program) to allow for not - for -profit community providers designated by the County's Planning Council to apply for a Planning, Implementation or Expansion Grant. The Guidance Care Center (GCC), as a not - for -profit community provider, has approached County staff in order to be designated to apply for grant funding under this Program. Commissioner Carruthers requested C14, C15 and C19 to be heard together. County Attorney Bob Shillinger identified and read the items into the record. A motion was made by Commissioner Kolhage, and seconded by Commissioner Murphy to approve C14, C15 and C19. A Roll-Call was taken by the Clerk with the following results for all three items: Commissioner Kolhage Commissioner Murphy Commissioner Neugent Commissioner Rice Mayor Carruthers Yes Yes Yes Abstain, Voting Conflict Yes Motion Carried for all three items C 14, C 15, and C 19. 8/17/2016 Page 9 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 STAFF AND ADVISORY COMMITTEE REPORTS AUGUST 17, 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 Teresa Aguiar — Human Resource Director YES NO James Callahan- Fire Chief/Division Director (EMS) YES NO Climate Change Advisory Committee Report YES NO Christine Hurley, Assistant County Administrator, provided a brief update of vacation rental enforcements and out lined some items that staff is working on internally with the assistance of legal as well as an area concerning realtor license issue and their duty to disclose /report renting in IS zone and possible legal action by the County for failure to disclose /report. Commissioner Kolhage expressed his concern on the legalities and resulting effectiveness and liability to the County if pursued and also inquired if these efforts would extend to online rental agencies. Direction was provided for Christine Hurley to research areas of concerns and actual action proposed by staff and bring item back to the BOCC at a future meeting. Don DeGraw, Director of Airports, addressed the Board announcing that an agreement had been negotiated with United Airlines to commence flights out of the Florida Keys /Key West International Airport to Chicago and New Jersey. Don DeGraw explained, and also presented a slide presentation, providing details of the negotiated agreement for implementation of this air service by United Airlines and requested Board's approval of the following three (3) items: 1) The Agreement for United Airlines to operate out of Florida Keys Key West International Airport. 2) The EYW Air Service Development Incentive Program 2016 -2017. 3) Waiver of fees for United to operate at Florida Keys /Key West International Airport for the first 12 months of air service. a il 8/17/2016 Page 10 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 Following discussion by the Board, Mayor Pro Tern George Neugent moved to approve all three (3) items which was seconded by Commissioner Kolhage. The motion was approved unanimously with no objection. Doug Sposito, Director of Facilities & Project Management, addressed the Board with several updates. First, staff has been working very diligently with the University of Florida Extension Services and developed Zika Workshops which start today throughout Monroe County beginning with Key Largo (Wednesday), Marathon (Thursday), and Key West (Friday) until next week and second the status of Bernstein Park's Renovation/Construction. Mayor Carruthers spoke about an incident that happened this past Sunday concerning Bernstein Park regarding a sewage problem with Key West Resort Utilities responsiveness. Kevin Wilson was aware of the Bernstein Park situation and did make contact with Key West Resort Utilities but will speak to them again this week regarding the details of the incident and timely responsiveness and if anything unusual, will bring back before the Board. Doug Sposito will be providing to the Board every month an update on a particular project or a particular aspect of the county relating to Project Management & Facilities. Mr. Sposito provided an overview to the Board of the county owned public boat ramps. Following Commissioner Kolhage's question and suggestion, Staff will look into the co- locating of Kayaks when improving the lunching areas of these boat ramps. A quick update of the swimming hole provided as well as the realignment of Atlantic Blvd. & Higgs Beach. FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS Item G. No items submitted. PLANNING AND ENVIRONMENTAL, BUILDING AND CODE COMPLIANCE DEPARTMENTS Item L1 Discussion of the Florida Fish and Wildlife Conservation Commission (FWC) Pilot Program for Anchoring and Mooring (Pilot Program), including a summary of the recent FWC workshop on the results of the Pilot Program to date, and direction regarding Monroe County's recommendations beyond the July 1, 2017 expiration date of the Pilot Program. Rich Jones, Sr. Administrator; Marine Resources, sets the stage for discussion and direction of the FWC Pilot Program. The motion is the direction for the items mentioned in the letter from the Mayor. Motion to accept staff recommendations and approval for Mayor to sign letter to FWC was made by Commissioner Neugent and seconded by Commissioner Kolhage. The motion passed with no objection. 8/17/2016 Page 11 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 RESULT: APPROVED [UNANIMOUS] Agenda Item I.1 MOVER: George Neugent, Mayor Pro Tem/Commissioner District 2 SECONDER: Danny Kolhage, Commissioner District 1 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice Item L2 Presentation and discussion of Affordable Housing Advisory Committee (AHAC) Resolution 01 -2016, adopted by the AHAC on July 22, 2016, for the Monroe County Board of County Commissioners to consider 33 recommendations to facilitate the provision of workforce housing and provide staff direction on which recommendations to evaluate and complete. Items I2, I3, and I4 were heard together but the bulk of I2 to be heard at a future workshop. Mayte Santamaria, Senior Director of Planning & Environmental Resources addressed the Board and reviewed the agenda backup for Item I2 as a slide presentation during discussion at the meeting. Don Whitehead representing Key West Wicker Guest House postponed the opportunity to speak as a public speaker for I2, I3, & I4. Following discussion, direction was provided to staff on Item I2. Motion was then made by Commissioner Neugent to approve Items I3 and I4 and seconded by Commissioner Rice. The motion was approved with no objection. Mrs. Santamaria explained as well the RFP portion for county owned land for affordable housing. Discussion held by the Commissioners. Ed Swift addressed the Board as a public speaker. Staff has direction to start to work on bids /RFPs. Item L3 Approval of a contract with RRC Associates to (1) conduct a data -based survey of employers located in the unincorporated and incorporated parts of Monroe County to verify the employment patterns and the building floor area used for nonresidential development, and to (2) prepare the prototypical workforce /affordable housing unit(s), including size ranges, building materials and costs of construction, to be utilized by the County for the adoption of inclusionary housing requirements to address nonresidential and transient development; for a fixed price, not -to- exceed contract of $49,171.00. Motion to approve Items I3 and I4 was made by Commissioner Neugent and seconded by Commissioner Rice. The motion passed with no objection. RESULT: APPROVED [UNANIMOUS] Agendas Item I.3 MOVER: George Neugent, Mayor Pro Tem/Commissioner District 2 SECONDER: David Rice, Commissioner District 4 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice Item L4 Approval of a contract with Clarion Associates to prepare a Support Study providing the technical support (data & methodology to determine need) for a workforce/ affordable housing mitigation program for nonresidential development and redevelopment (expansions and remodels), to be utilized by the County for the adoption of inclusionary housing requirements to address nonresidential and transient development; for a fixed price, not -to- exceed contract of $49,365.00. il 8/17/2016 Page 12 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 Motion to approve Items I3 and I4 was made by Commissioner Neugent and seconded by Commissioner Rice. The motion passed with no objection. RESULT: APPROVED [UNANIMOUS] Agenda Item I.4 MOVER: George Neugent, Mayor Pro Tem/Commissioner District 2 SECONDER: David Rice, Commissioner District 4 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice Item L5 Discussion regarding the Keys -wide Mobile Vessel Pumpout Service (Pumpout Service), consideration for charging customers of the service, and direction regarding State funding which is available for the next year for the Pumpout Service. Rich Jones, Sr. Administrator; Marine Resources, sets the stage for Agenda Items L5 and L6. Motion was made by Commissioner Rice, and seconded by Commissioner Murphy, to approve staff recommendation on Item I5 and approval of I6 and I7. Commissioner Kolhage requested an amendment to the motion to also include approval of Item I8 in the motion which was accepted by Mover Commissioner Rice. There were no public speakers. The motion passed with no objection. RESULT: APPROVED [UNANIMOUS] Agenda Item I.5 MOVER: David Rice, Commissioner District 4 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice Item L6 Approval of Department of Environmental Protection (DEP) Contract No.MV- 205 between Monroe County (County) and the DEP providing $500,000 in reimbursement funding to the County to assist with funding the County's Mobile Vessel Pumpout Service (Pumpout Service) for one year of operation from July 1, 2016 through June 30, 2017. Motion was made by Commissioner Rice, and seconded by Commissioner Murphy, to approve staff recommendation on Item I5 and approval of I6 and I7. Commissioner Kolhage requested an amendment to the motion to also include approval of Item I8 in the motion which was accepted by Mover Commissioner Rice. There were no public speakers. The motion passed with no objection. 8/17/2016 Page 13 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 RESULT: APPROVED [UNANIMOUS] Agenda Item I.6 MOVER: David Rice, Commissioner District 4 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice Item L7 Approval of Agreement No. MV -204 between Monroe County (County) and the Florida Department of Environmental Protection (DEP) Clean Vessel Act (CVA) Program providing $172,350 in grant reimbursement funding to the County to assist with funding the County's Mobile Vessel Pumpout Service (Pumpout Service) for one year of operation from July 1, 2016 through June 30, 2017. Motion was made by Commissioner Rice, and seconded by Commissioner Murphy, to approve staff recommendation on Item I5 and approval of I6 and I7. Commissioner Kolhage requested an amendment to the motion to also include approval of Item I8 in the motion which was accepted by Mover Commissioner Rice. There were no public speakers. The motion passed with no objection. RESULT: APPROVED [UNANIMOUS] Agenda Item I.7 MOVER: David Rice, Commissioner District 4 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice Item L8 Approval of Amendment No.7 to the Agreement (Amended Agreement or Agreement) between Monroe County (County) and Pumpout USA, Inc. (Contractor) for Keys -Wide Mobile Vessel Pumpout Service (Pumpout Service), to: 1) be contingent upon sufficient funding sources and levels required (but deleting certain specified funding sources and amounts), 2) providing for the term of the Agreement from July 1, 2016 through June 30, 2017, 3) and clarifying that additional term extensions are provided for through December 31, 2018 in keeping with the original term provisions of six total years of Pumpout Service (two years with the original contract with provision for two additional two year terms). Motion was made by Commissioner Rice, and seconded by Commissioner Murphy, to approve staff recommendation on Item I5 and approval of I6 and I7. Commissioner Kolhage requested an amendment to the motion to also include approval of Item I8 in the motion which was accepted by Mover Commissioner Rice. There were no public speakers. The motion passed with no objection. 8/17/2016 Page 14 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 RESULT: APPROVED [UNANIMOUS] Agenda Item I.8 MOVER: David Rice, Commissioner District 4 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice CLOSED SESSION Item J.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 the County Attorney, motion was made by Commissioner Kolhage and seconded by Commissioner Murphy to continue the Closed Session to the Sept. 21st BOCC meeting in Key Largo at 1:30 p.m. or as soon thereafter as may be heard. RESULT: TABLED [4 TO 0] Agenda Item J.1 Next: 9/21/2016 9:00 AM MOVER: Danny Kolhage, Commissioner District 1 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Neugent, Kolhage, Murphy, Rice NOT PRESENT: Carruthers Item J.2 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 request of the County Attorney, motion was made by Commissioner Kolhage and seconded by Commissioner Murphy to continue the Closed Session to the Sept. 21st BOCC meeting in Key Largo at 1:30 p.m. or as soon thereafter as may be heard. RESULT: TABLED [4 TO 0] Agenda Item J.2 Next: 9/21/2016 9:00 AM MOVER: Danny Kolhage, Commissioner District 1 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Neugent, Kolhage, Murphy, Rice NOT PRESENT: Carruthers Item J.3 An Attorney- Client Closed Session in the matter of KW Resort Utilities Rate Application, Florida Public Service Commission Docket No. 150071 -SU. At the request of the County Attorney, motion was made by Commissioner Murphy and seconded by Commissioner Rice to continue the Closed Session to the Sept. 8th BOCC Special Meeting in Marathon to begin at 4:00 p.m. or as soon thereafter as may be heard, and prior to the already scheduled 5:05 Budget Public Hearing. 8/17/2016 Page 15 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 RESULT: TABLED [4 TO 0] Agenda Item J.3 Next: 9/8/2016 4:00 PM MOVER: Sylvia Murphy, Commissioner District 5 SECONDER: David Rice, Commissioner District 4 AYES: Neugent, Kolhage, Murphy, Rice NOT PRESENT: Carruthers WASTEWATER ISSUES Item K. 1 Presentation of Cudjoe Regional Wastewater System Project Status and Schedule. Kevin Wilson, Assistant County Administrator, updated the Board on the Cudjoe Regional Wastewater System Project and provided a slide presentation regarding the finances and construction. Mr. Wilson was followed by Kirk Zuelch, Executive Director of the Florida Keys Aqueduct Authority. 8/17/2016 Page 16 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 COMMISSIONERS' ITEMS Item M.1 Approval of a Resolution of the Board of County Commissioners of Monroe County directing the Supervisor of Elections to place a non - binding question on the November 2016 general election ballot regarding support for legislation to authorize the imposition of a sales surtax on tobacco and served alcohol sales throughout Monroe County where the proceeds could only be used to fund and increase services to meet unmet needs for veterans, seniors, children, disabled, and other vulnerable residents and to offset costs currently funded by property taxes. The item was preference by Mayor Carruthers to the Board as well as to the audience. The following public speakers addressed the Board: Mary Williams representing Early Learning Coalition of Miami Dade /Monroe, Stephanie Kaple, James Mantell, Dan Dombroski representing Boys & Girls Club; Diana Flenard representing MARC Inc. Kerry Foote representing Burton Memorial UMC (United Way of the Florida Keys), Kim Romano representing Womankind, and Myla DeMier. Bob Eadie, Administrator of the Monroe County Health Department, addressed the Board. Following discussion, a Motion was made by Commissioner Rice, and seconded by Commissioner Kolhage, requesting staff to come back with a recommendation of a mechanism to establish goals & identify unmet needs across the system including investigating the mechanism of a trust as one option. 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. COUNTY ADMINISTRATOR Item 0.1 County Administrator Report County Administrator Roman Gastesi referred the Board to his written report in the agenda backup. Item 0.5 Approval of Amendment No. 11 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 related to the Air Curtain for the original demo canal 4290 in Big Pine Key and assist with the preparation for the September 8, 2016 BOCC Canal Financing Special Meeting in an amount not to exceed $27,474.90. 8/17/2016 Page 17 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 This item was held by Commissioner Kolhage who stated he held the item to record his "no" vote because, as he indicated when reluctantly approving the last amendment, he will not approve any more amendments to this contract until it has been put out to a RFP. A motion was made by Commissioner Murphy to approve the item and seconded by Commissioner Rice with Commissioner Kolhage voting against the item. Mayor Carruthers was not present. 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. Item 0.6 Approval of an Agreement with Anfield Consulting for professional consulting services representing the County's state legislative interests and advocating for the County's position on various legislative priorities and issues as approved by the BOCC and assigned by the County Administrator. This item was held by Commissioner Kolhage to record his vote against this item due to a possible conflict with the consulting firm's representation of the opposition on the Big Sugar issue. Following discussion, it was agreed the item would be withdrawn from the agenda to allow the County Administrator time to consult with the consulting firm to confirm no conflict existed that would detrimentally affect the County's efforts and best interests. The County Administrator will place this item on the next available agenda to update the Board. RESULT: WITHDRAWN /NO ACTION TODAY (Agenda Item 0.6) Item 0.8 A brief overview of the County's Management of Zika with an emphasis on utilizing the National Incident Management System to ensure an efficient and effective response through coordination and communication utilizing ICS processes. Marty Senterfitt, Director of Emergency Management, provides an overview what is being done. 0-8 Presentation by Michael Doyle, Director of the Florida Keys Mosquito Control District. Bob Eadie, Administrator of the Monroe County Health Department, elaborated further on the Zika Virus. Kathlyn Waltkins, Myla DeMier, and Meagan Hull addressed the Board as public speakers. At Mayor Carruthers' request, the Zika related R -5 item was heard immediately following Mr. Doyle's slide presentation updating the Board on the history and current efforts across the country and in Monroe County regarding the Zika Virus. Mr. Doyle also discussed the coordinated efforts with the County outlined in the ILA being presented for approval by the Board. 8/17/2016 Page 18 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 COUNTY ATTORNEY Item P.1 County Attorney Written Report August 2016 County Attorney introduced Assistant County Attorney Renee Rogers who recently began her employment with Monroe County. County Attorney Bob Shillinger read a script into the record requesting a closed session in the matter of Thomas F. Collins, et al. v. Monroe County, v. State of Florida, CAM -04 -379, Sixteenth Judicial Circuit, and Monroe County, Florida on September 21, 2016 at 1:30 p.m. or as soon thereafter may be heard. Commissioner Murphy moved to approve the request for closed session, seconded by Commissioner Rice, and approved with no objection. Mayor Carruthers was not present. PUBLIC HEARINGS Item Q.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 FS 193.703 and the 2002 amendment to the Florida Constitution known as the "Granny Flats" Amendment. Motion to approve was initially made by Commissioner Murphy and seconded by Commissioner Rice prior to public speaker Deb Curlee addressing the Board with her concerns. Property Appraiser Scott Russell addressed the Board to respond to the concerns expressed by the speaker and the Board and followed by Assistant County Attorney Cynthia Hall. Following discussion, the Board directed staff to coordinate with the Property Appraiser as needed to address the concerns discussed and bring the item back to the Board with answers addressing the concerns discussed. Commissioner Murphy withdrew her motion to approve. A motion was made by Commissioner Kolhage to continue the public hearing to October 19th and seconded by Commissioner Murphy. The motion was approved with no objection. Mayor Carruthers was not present. RESULT: TABLED [4 TO 0] Agenda Item Q.1 Next: 10/19/2016 9:00 AM MOVER: Danny Kolhage, Commissioner District 1 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Neugent, Kolhage, Murphy, Rice NOT PRESENT: Carruthers Item Q.2 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. RESOLUTION #158 -2016 IS INCORPORATED HEREIN BY REFERENCE 8/17/2016 Page 19 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 RESULT: APPROVED [4 TO 0] Agenda Item Q.2 Resolution #158 -2016 MOVER: Sylvia Murphy, Commissioner District 5 SECONDER: David Rice, Commissioner District 4 AYES: Neugent, Kolhage, Murphy, Rice NOT PRESENT: Carruthers Item Q.3 An ordinance by the Monroe County Board of County Commissioners 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 August 17, 2016, until such time as a land development code amendment process as called for in Policy 102.6.1 of the 2030 Comprehensive Plan is completed regarding offshore islands and providing for expiration within 365 days of the effective date of this interim development ordinance or when the land development code amendments become effective, whichever comes first, providing for severability; providing for transmittal to the State Land Planning Agency and the Secretary of State; providing for an effective date. The following public speakers addressed the Board: Bart Smith representing FEB Corp and Deb Curlee. ORDINANCE #025 -2016 IS INCORPORATED HEREIN BY REFERENCE RESULT: APPROVED [4 TO 0] Agenda Item Q.3 Ordinance #025 -2016 MOVER: Sylvia Murphy, Commissioner District 5 SECONDER: David Rice, Commissioner District 4 AYES: Neugent, Kolhage, Murphy, Rice NOT PRESENT: Carruthers Item Q.4 A public hearing to consider a resolution by the BOCC to amend Resolution # 118 - 2015, the Planning & Environmental Resources Fee Schedule, to: amend the fee schedule to include new application requirements as adopted by the 2030 Comprehensive Plan and the new Land Development Code (including concept meetings, BOCC impact meetings, community meetings, additional noticing and staff facilitation of meetings); to establish fees for an inclusionary housing alternative compliance application; to establish fees for a map designation verification application; to establish fees for a platting lot line adjustment application; to establish fees for a temporary non - emergency housing application; to round all proposed and current fees to the nearest tenth to eliminate and reduce payment errors; and to repeal any other fee schedules inconsistent herewith. a il 8/17/2016 Page 20 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 Public speaker Mitchell Harvey addressed the Board requesting the public hearing be tabled. Mayte Santamaria, Senior Director of Planning & Environmental Resources addressed the Board regarding the proposed fees. RESOLUTION #152 -2016 IS INCORPORATED HEREIN BY REFERENCE RESULT: APPROVED [4 TO 0] Agenda Item Q.4 Resolution #152 -2016 MOVER: Sylvia Murphy, Commissioner District 5 SECONDER: David Rice, Commissioner District 4 AYES: Neugent, Kolhage, Murphy, Rice NOT PRESENT: Carruthers Item Q.5 A Public Hearing to consider approval of a resolution for Budget Amendments for Fiscal Year 2016 for the Big Coppitt Wastewater Project, Fund 310; Duck Key Wastewater Project, Fund 311; and Card Sound Bridge, Fund 401. No public speakers. RESULT: APPROVED [4 TO 0] Agenda Item Q.5 Resolution #190 -2016 MOVER: Sylvia Murphy, Commissioner District 5 SECONDER: Danny Kolhage, Commissioner District 1 AYES: Neugent, Kolhage, Murphy, Rice NOT PRESENT: Carruthers RESOLUTION #190 -2016 IS INCORPORATED HEREIN BY REFERENCE ADD ONS Item R.3 Discussion and direction regarding possible negotiation of extension of contract with the Medical Examiner. Assistant County Attorney Cynthia Hall addressed the Board seeking direction concerning the contract with the Medical Examiner and the Medical Examiner re- appointment process. Ms. Hall confirmed any extension of the contract would be contingent on re- appointment by the Governor. The Board recommended that any extension of the contract include the Clerk's Audit recommendations. Item R.4 Request to hold an Attorney -Client Closed Session in the matter of Denenberg v. Marine Mammal Conservancy, Inc., et al., Circuit Court Case 14 -CA -364 -P at the regularly scheduled BOCC meeting on September 21, 2016 in Key Largo at 1:30 p.m. or as soon thereafter as may be heard. County Attorney Bob Shillinger read the script into the record requesting a Closed Session for 4:00 p.m., or as soon thereafter as may be heard, at the September 8, 2016 BOCC special meeting in Marathon, FL in the matter of Denenberg v. Marine Mammal Conservancy, Inc., et al., Circuit Court Case 14 -CA- 364 -P. a il 8/17/2016 Page 21 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 2016 RESULT: APPROVED [4 TO 0] Agenda Item R.4 MOVER: David Rice, Commissioner District 4 SECONDER: Danny Kolhage, Commissioner District 1 AYES: Neugent, Kolhage, Murphy, Rice NOT PRESENT: Carruthers Item R.5 Approval of inter local agreement with the Monroe County Mosquito Control District to provide county employees to supplement the District's workforce on a temporary, as needed basis. At the request of Mayor Carruthers, this item was heard with related presentation Item 0-8. Following the 0-8 presentation by the Florida Keys Mosquito Control, a motion to approve the R -5 Inter local Agreement was made by Commissioner Murphy and seconded by Commissioner Kolhage which passed with no objection. RESULT: APPROVED [UNANIMOUS] Agenda Item R.5 MOVER: Sylvia Murphy, Commissioner District 5 SECONDER: Danny Kolhage, Commissioner District 1 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice a il 8/17/2016 Page 22 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUGUST 17, 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 a il 8/17/2016 Page 23 MINUTES 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. 9/21/2016 Page 2 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. 9/21/2016 Page 3 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. 9/21/2016 Page 4 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. 9/21/2016 Page 5 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. 9/21/2016 Page 6 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 9/21/2016 Page 11 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. 9/21/2016 Page 14 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 9/21/2016 Page 15 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 9/21/2016 Page 16 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 9/21/2016 Page 17 MONROE COUNTY 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. 9/21/2016 Page 18 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 9/21/2016 Page 19 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 MINUTES 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. a a a il 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 %). a a a il 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. a a a il 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. a a a il 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 a a a il 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.l 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. a a a il 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. a a a il 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. a il 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. a a il 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. a a a il 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. a a a il 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 a a a il 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 Yes Yes Yes Abstain, Voting Conflict Yes a a Motion Carried. 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 il 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. a a a il 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. a a a il 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. a a il 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 a a il 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. a a il 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. a a il 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 a il 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. a a il 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 a' a a il 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 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 14, 2016 Special Meeting (Canal Financing) Board of County Commissioners Monday, November 14, 2016 Marathon, Florida A Special 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, CORRECTIONS AND DELETIONS Item A.1 Approval of Agenda. Approval of the agenda was not called by the Clerk nor moved by the Board. Item B1 -6 Discussion and direction for the County's Canal Restoration Program, determining if and how to proceed with a plan to restore 300 impaired canals in Monroe County, of which 229 reside in unincorporated Monroe, and how to finance the various costs of implementing such a program. Rhonda Haag, Sustainability Coordinator, set the stage. Gus Rios presented the Florida Department of Environmental Protection Presentation. Others speakers were: Jim Corklin, Wendy Blondin, Camielle Heart, and Lisa Tennyson. Public Speakers: Stuart Schaffer (representing Sugarloaf Shores Property Owners Association), Colin Hannaford, Brent Viau (representing Homeowner - Surrounding Neighbors), D'Ann Stone, Mike Forster (representing Islamorada), Dottie Moses (representing The Island of Key Largo Federation of Homeowners), Celin Pacheco, Thomas Samartino, and Deb Gillis. Following the public speakers who addressed the Board under the Public Comments section of the agenda (B.6.), a motion was made and read into the record by Commissioner Kolhage as follows: "As a priority for future canal restoration expenditures, from whatever source we decide, we direct the County Administrator and the County Attorney's Office to take whatever steps are required to procure a scientific peer reviewed study of the effects of impaired canals in the Keys on near shore waters which would include an analysis of the completion of our wastewater project throughout the County and the work done on the County's canal restoration demonstration programs to date." The motion was seconded by Commissioner Neugent for discussion. Following discussion, a roll-call was taken. 11/14/2016 Pagel MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 14, 2016 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. ACTION ITEMS Item C.1 Approval of a resolution directing staff to evaluate the creation of a municipal service taxing unit in order to fund program management costs estimated at $1 million annually for master program planning, effectiveness monitoring, data collection, outreach, and program administration of canal water quality restoration projects, as well as testing of alternative technologies and design and construction of potential canal restoration projects. (7f. Shall Monroe County evaluate use of an MSTU to fund program management costs estimated at $1 Million annually to pay for master program planning, effectiveness monitoring, data collection, outreach, program administration, design of alternative technologies and design and construction of potential new restoration projects so that the FRAD requirements can be met and a TMDL may be avoided? Staff Recommendation: Approval. Staff has presented a Resolution for approval directing staff to continue to research and evaluate moving forward with an MSTUfor such purposes). A Motion to deny approval of the resolution was made by Commissioner Kolhage and seconded by Commissioner Murphy. The motion to deny was approved unanimously without objection. 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 C.2 Approval of resolution approving the expenditure of the $1.5 Million in current available FY 17 Keys Stewardship funds for canal restoration projects in unincorporated Monroe County. C. all Monroe County use FY17 Stewardship funds in the amount of X1.5 11/14/2016 Page 2 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 14, 2016 million for the canal restoration program? Staff Recommendation: Approval. Staff has provided a Resolution for approval directing that the FYI Stewardship funds he used for the canal restoration program). A motion to approve was made by Commissioner Murphy and seconded by Commissioner Rice. 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. RESOLUTION NO. 275 -2016 Said Resolution is incorporated herein by reference. Item C.3 Approval of resolution to allocate Monroe County RESTORE funds for canal restoration projects. (7d. Shall Monroe County use the RESTORE funds for the canal restoration program? Staff Recommendation: Approval. Staff has provided a Resolution for approval directing that RESTORE funds he used for the canal restoration program). Lisa Tennyson, Legislative Affairs Director, addressed the Board to answer the Commission's questions. A motion to approve the resolution was made by Commissioner Rice and seconded by Commissioner Murphy. Following discussion, Commissioner Neugent moved to amend the motion to include added language stipulating these 4 aeration projects would only move forward after we have a long -term funding formula in place. Commissioner Rice accepted the amendment. Following additional discussion between staff and the Board, Commissioner Neugent withdrew his amendment and Commissioner Kolhage accepted the second. 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. RESOLUTION NO. 276 -2016 Said Resolution is incorporated herein by reference. 11/14/2016 Page 3 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 14, 2016 Item CA Approval of a resolution directing staff to move forward with six additional canal water quality restoration projects. (7e. Shall Monroe County staff move forward with the 6 new demonstration projects at an estimated cost of $2 Million, using Stewardship and RESTORE funds? Staff Recommendation: Approval. Staff has presented a Resolution for approval directing staff to move forward with the 6 projects). A motion was made by Commissioner Kolhage to approve the resolution as amended to include the added language "..including four aeration projects that will proceed provided a long -term funding formula has been established." The motion was seconded by Commissioner Neugent. A Roll -Call was taken by the Clerk with the following results: Commissioner Kolhage Yes Commissioner Murphy No Commissioner Neugent Yes Commissioner Rice Yes Mayor Carruthers Yes Motion Carried. RESOLUTION NO. 277 -2016 Said Resolution is incorporated herein by reference. Iem C.5 Approval of a resolution directing staff to continue with development of a program to collect special assessments and the creation of municipal service benefit units (MSBUs) to collect funds to pay for ongoing operation and maintenance (O &M) costs for existing canal water quality restoration projects. (7b. Shall the Operations and Maintenance costs for the existing completed demonstration projects be funded by an MSBU? Staff Recommendation: Approval. Staff has provided a Resolution for approval directing staff to set up an MSBU and collect special assessments for the O &M costs of the completed demonstration projects). Cynthia Hall, Assistant County Attorney, addressed the Board to answer the Commission's questions, steps today is just to set up the MSBU. A motion to approve the resolution was made by Commissioner Kolhage and seconded by Commissioner Neugent. The motion passed unanimously without objection. ................................................................................................................................................................................................ ............................... RESULT: APPROVED [UNANIMOUS] Agenda Item C.5 MOVER: Danny Kolhage, Commissioner District 1 SECONDER: George Neugent, Mayor Pro Tem/Commissioner District 2 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice 11/14/2016 Page 4 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 14, 2016 7a. Shall Monroe County continue with the canal restoration program? Staff Recommendation: Approval. Staff has developed a conservative, incremental approach for moving forward with the restoration program. Commissioner Neugent moved 7a as worded, seconded by Commissioner Murphy. After further discussion, previous motion amended by Mayor Carruthers to say, "Shall Monroe County continue with the development of canal restoration program as approve by the County Commission from time to time." Accepted by Commissioner Neugent 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. RESOLUTION NO. 278 -2016 Said Resolution is incorporated herein by reference. 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 C`L, 0.6.? 11/14/2016 Page S MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Regular Meeting Board of County Commissioners Tuesday, November 22, 2016 Key West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. at the Historic Truman School. Present and answering to roll call were Commissioner Danny Kolhage, Commissioner Sylvia Murphy, Commissioner George Neugent, Commissioner David Rice, and Mayor Heather Carruthers. Also present at the meeting were Bob Shillinger, County Attorney; Roman Gastesi, County Administrator; Cheryl Robertson, Deputy Clerk; county staff and members of the general public. Item A PRESENTATION TO MAYOR CARRUTHER Item B COMMENTS FROM COMMISSIONERS CALL TO ORDER OF 2016 -17 BOARD OF COUNTY COMMISSIONERS COMMISSION ORGANIZATION Item C.1 Oath of Office of District One. Item C.2 Oath of Office of District Three. Item C.3 Oath of Office of District Five. District 1 Commissioner Danny Kolhage, District 3 Commissioner Heather Carruthers and District 5 Commissioner Syliva Murphy were sworn into office by the Honorable Wm. Reagan Ptomey, Jr., recently retired Circuit Court Judge. Item CA Approval of a Resolution electing the Mayor and Mayor Pro Tem for the Board of County Commissioners. Mayor Carruthers called for nominations for Mayor and Mayor Pro Tem for the 2016 -2017 Board of County Commissioners. Commissioner Murphy nominated Commissioner George Neugent for Mayor. Commissioner Rice seconded the nomination which was approved unanimously without objection. Commissioner Murphy then nominated David Rice as Mayor Pro Tem. Commissioner Kolhage seconded the nomination which was approved unanimously without objection. The Clerk then read C -5 resolution in the record and the resolution was moved for approval by Commissioner Carruthers, seconded by Commissioner Murphy and approved unanimously without objection. Following approval of the C5 resolution, it was noted by Commissioner Kolhage the prior C4 resolution had not been moved and approved for the 11/22/2016 Pagel MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 record. The C5 motion was then amended to also include approval of the prior C -4 resolution approving the selection of the Mayor and the Mayor Pro Tem. RESULT: APPROVED [UNANIMOUS] Agenda Item C4 Resolution 279 -2016 MOVER: Heather Carruthers, Commissioner District 3 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice RESOLUTION #279 -2016 IS INCORPORATED HEREIN BY REFERENCE Item C.5 Approval of a Resolution authorizing the Mayor and Clerk of the Board to sign all warrants, legal documents and any other necessary papers and documents; and stating that the presently authorized signatures validating County checks are hereby continued for sixty days from this date in order to meet payroll and necessary obligations. A motion to approve was made by Commissioner Carruthers and seconded by Commissioner Murphy. The motion was approved unanimously without objection. Following discussion, in that only nominations were made on the record for selection of the Mayor and Mayor Pro Tem, and not approval of the C -4 resolution, the C5 motion was then amended to also include approval of the C -4 resolution approving the selection of the Mayor and the Mayor Pro Tem. RESULT: APPROVED [UNANIMOUS] Agenda Item C5 Resolution 280 -2016 MOVER: Heather Carruthers, Commissioner District 3 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice RESOLUTION #280 -2016 IS INCORPORATED HEREIN BY REFERENCE ADDITIONS, CORRECTION, DELETIONS Item D.1 Approval of agenda. A copy of the approved changes is attached at the end of these minutes for reference. Lindsey Ballard, Aide to the County Administrator, read day of meeting Additions, Corrections, and Deletions: Walk On/Add -On Items V -2 Project Management: Green Tech; Revised Backup for F -52: Revised Backup S -14; and items N -1 and T -4 deleted. A motion was made by Commissioner Kolhage to approve the agenda. The motion was seconded by Commissioner Murphy. Motion approved unanimously without objection. 11/22/2016 Page 2 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 RESULT: ADOPTED [UNANIMOUS] Agenda Item D.l MOVER: Danny Kolhage, Commissioner District 1 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice PRESENTATION OF AWARDS Item E. No items submitted. BULK APPROVALS Prior to reading of the Bulk, Commissioner Kolhage recognized and thanked the many individuals responsible for the Stock Island Clean -Up to include the "I Love Stock Island" organization; MCSO staff, specifically Dep. David Lariz; Monroe County Public Works Department; Solid Waste Management Department and many others. Commissioner Rice addressed the audience regarding the Rules of Bulk Approval's items. Motion was made by Commissioner Rice and seconded by Commissioner Carruthers granting approval of the following bulk items (F.2 through V.2). Motion passed unanimously. Item F.2 Board granted approval to exercise the first option to renew the contract with Air Mechanical & Service Corp. for central air conditioning maintenance and repairs at Middle Keys facilities. Labor costs increase for regular hourly rates of mechanic from $78.00 to $78.55 and mechanic plus helper from $110.00 to $110.77. Increase overtime hourly rates of mechanic from $110.00 to $110.77 and mechanic plus helper from $160.00 to $161.12. Item F.3 Board granted Award and Approval of contract with Maverick United Elevator, LLC for Complete Elevator Maintenance and waiver of irregularity contained in Maverick's proposal. Contract amount to be about $77,000.00 figured on the hourly rates given by Maverick United Elevator, LLC. Item F.4 Board granted approval to award bid and execute contract with Charley Toppino & Sons, Inc. (Toppino's) for Drainage Improvements Phase 2 & 3 at the Key West International Airport in the amount of $1,655,580.85 (Base Bid West Pumped Injection Well at $901,492.10, Additive Bid 4 1 East Pumped Injection Well at $539,886.25 and Additive Bid 43 West Exfiltration Trench at $214,102.50) to be funded by FAA Grant 437 -53 (90 %), FDOT Grant# GOE45 (5 %), and Passenger Facility Charge(PFC) Application 415 (5 %). Item F.5 Board granted ratification and approval of State of Florida Department of Transportation Joint Participation Agreement Number GOE41 providing funding of $60,000.00 for Marathon Master Plan (Phase 1) at the Florida Keys Marathon International Airport, to be funded 80% FDOT and 20% Marathon Airport operating funds. 11/22/2016 Page 3 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Item F.6 Board granted approval of a Memorandum of Understanding between the BOCC, the Monroe County Sheriffs Office and the Department of Juvenile Justice for the MCSO to occupy and use certain DJJ office space on the First Floor of the Monroe County Juvenile Detention Center located at 5503 College Road Key West, Florida 33040. Item F.7 Board granted approval of Amendment 1 to task order with CDM Smith, Inc., for engineering design and permitting services for the Key Largo II Roadway and Drainage Improvements project. This amendment adds $4,000.00 to the outside professionals surveying task. Item F.8 Board granted ratification and approval of State of Florida Department of Transportation Joint Participation Agreement Number GOE44 providing funding of $70,000.00 for Marathon Airport Environmental Assessment at the Florida Keys Marathon International Airport, to be funded 80% FDOT and 20% Marathon Airport operating funds. Item F.9 Board granted ratification and approval of State of Florida Department of Transportation Joint Participation Agreement Number GOE45 providing funding of $105,000.00 for drainage Improvements Phase 2 & 3 at the Key West International Airport, to be funded 50% FDOT and 50% Passenger Facility Charge (PFC 415). Item F.10 Board granted approval of Jacobs Project Management Co.' s Task Order No. 12/14 -66 for the Services Authorized: Drainage Improvements Phase 2 & 3 Construction Support and RPR Services PSO466 in the amount of $349,305.00 to be funded by FAA Grant 4037 -53 (90 %), FDOT Grant#GOE45 (5 %), and Passenger Facility Charge 415 (5 %). Item F.11 Board granted approval of Jacobs Project Management Co.' s Task Order No. 12/14-67 for the Services Authorized: Marathon Master Plan Update PSO467 in the amount of $709,205.00 to be funded by FAA Grant 4044 -35 (90 %), FDOT Grant#GOE41 (5 %), and Marathon Operating Fund 403 (5 %). Item F.12 Board granted approval of Jacobs Project Management Co.' s Task Order No. 12/14 -68 for the Services Authorized: Marathon Environmental Assessment PSO4 68 in the amount of $560,659.00 to be funded by FAA Grant4044- 35(90%), FDOT Grant 4GOE44 (5 %), and Marathon Airport operating funds(5 %). Item F.13 Board granted approval of Task Order 2012 -002R2 time extension with CDM Smith, Inc., for professional services at The Florida Keys Marathon International Airport, to be completed 100% on or before December 31,2016. Task order 2012 - 002R2 describes the Scope of Services, Time Schedule, charges and payment conditions for the Marathon Airport Terminal Sewer Laterals - Construction Administration Services (the "Project "). 11/22/2016 Page 4 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Item F.14 Board granted approval of FYI agreement with Keys to Be the Change, Inc., for substance abuse treatment and prevention programs funded by the Clerk's Drug Abuse Trust Fund, per the Substance Abuse Policy Advisory Board recommendations. Item F.15 Board granted approval to award bid and execute contract with ABC Construction, Inc. for Strengthen/Rehabilitate Commercial Apron at Key West International Airport in the amount of $9,250,000.00($9,100,000 base bid and $150,000 for Bid Additive 41) to be funded by FAA Grant 437 -53 (90 %), FDOT Grant#GOE46 (5 %), and Passenger Facility Charge(PFC) Application 415 (5 %). Item F.18 Board granted approval to negotiate fees pursuant to the Consultants Competitive Negotiation Act with the top ranked respondents to the Request for Qualifications for Airport Consultant Services for Monroe County Florida. The top ranked consultants include: Jacobs Engineering Group, Inc. & McFarland Johnson, Inc. (Two (2) General Consultants: Architectural/Engineering Services and Aviation Planning Services, respectively), Ricondo & Associates, Inc. & Newton & Associates, Inc. (Two (2) Financial Consultants: Passenger Facility Charge /Miscellaneous Financial Services and Airport Rates & Charges /Miscellaneous Financial Services, respectively), and Sixel Consulting Group, Inc. (One (1) Air Service Development Consultant: Air Service Development Services), for both Monroe County Airports. Item F.19 Board granted approval for the Library to close on Christmas Eve, Saturday, December 24, 2016, and New Year's Eve, Saturday, December 31, 2016. Item F.21 Board granted approval to award proposal and enter into a Contract between the Monroe County Board of County Commissioners, The Board of Governors Fire and Ambulance District 1 of Monroe County, Florida, and Bound Tree Medical LLC furnishing specified medical supplies and pharmaceuticals at set contract pricing, and provisional pricing on non - specified items reflected as a 25% discounted percentage rate off list, and approval for Fire Chief to sign all documents as needed to complete the transaction. Item F.22 Board granted approval of Lease Extension Modification No. 3 and rental rates in the Lease Agreement with the State of Florida Department of Juvenile Justice for office space on the second floor of the Department of Juvenile Justice Building on Stock Island. Item F.23 Board granted ratification and approval of a Commercial Airline Application from United Airlines to operate scheduled Air Carrier Service to /from the commercial air carrier terminal at the Key West International Airport (EYW). 11/22/2016 Page 5 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Item F.24 Board granted approval of a license agreement with the Rotary Club Of Key Largo to hold The Brew On The Bay Craft Beer Festival at Rowell's Marina on January 7, 2017. The County will receive 5% of the cumulative gross revenue for the event. Item F.25 Board granted approval to advertise for bids for an Emergency Alert System at the Key West International Airport, funded 100% by FAA approved Passenger Facility Charge Application 416. Item F.26 Board granted approval of a Task Order in the amount of $107,857.93 with HDR Engineering, Inc. for development of the Design/Build Request for Proposal (RFP) documents and Procurement Process support for the Card Sound Toll Authority All Electronic Tolling (AET) system upgrade. This task order is being awarded under the On -Call contract for Professional Services. Item F.27 Board granted approval to extend Grant Agreement OOD41115 and include a new award funding of $59,050 to be added to the $39,512.00 for a total of $98,562 awarded by the Environmental Protection Agency (EPA) in support of Florida Keys Water Watch, an environmental education program for canals, of which $58,330.00 was offered as in -kind personnel services from the OF IFAS Extension Service, and of which $40,232 is awarded in cash to the County. EPA Grant award 4 OOD41115. Item F.28 Board granted approval of a General Fund Transfer for the Sheriff to transfer funds for FY 16 between functional distributions in accordance with F.S. chapter 30.49(2)(a). Item F.29 Board granted approval of 4th Amendment with Government Services Group, (GSG) to extend the contract for solid waste special assessment support services for an additional 5 years. Item F.30 Board granted approval of Amendment 4001 to Community Care for the Elderly (CCE) Contract KC -1671 between the Alliance for Aging, Inc., and Monroe County Board of County Commissioners /Monroe County Social Services /In- Home Services to replace the referral protocol, beginning on 12/01/2016 for the contract year 2016 -2017 resulting in no fiscal changes to the contract. Item F.31 Board granted approval of Amendment 4002 to Community Care for the Elderly (CCE) Contract KC -1671 between the Alliance for Aging, Inc., and Monroe County Board of County Commissioners /Monroe County Social Services /In- Home Services to add pest control services and reallocate funding to support these services for the contract year 2016 -2017 resulting in no fiscal changes to the contract. 11/22/2016 Page 6 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Item F.32 Board granted Issuance (renewal) of a Class A Certificate of Public Convenience and Necessity (COPCN) to City of Key West Fire Department (KWFD) for the operation of an ALS transport ambulance service for the period December 10, 2016 through December 9, 2018. Item F.33 Board granted approval of a Resolution to update and revise the membership of the Monroe County Substance Abuse Policy Advisory Board ( SAPAB) and authorize the SAPAB to also serve as the County's Planning Council for The Florida Department of Children and Families Office of Criminal Justice, Mental Health and Substance Abuse (CJMHSA) purposes. RESOLUTION #284 -2016 IS INCORPORATED HEREIN BY REFERENCE Item F.34 Board granted approval of Amendment 40002 to Community Care for Disabled Adults (CCDA) Contract # KG -070 between the Florida Department of Children and Families (DCF) and Monroe County Board of County Commissioners (BOCC) /Monroe County Social Services /In -Home Services to revise pricing terms for the contract year FYI resulting in no financial increase to the contract. Item F.35 Board granted approval of Amendment No. 3 to the existing contract with Buccaneer Courier to add one (1) additional stop at the request of the Public Works Department. Item F.36 Board granted approval to piggyback the City of Key West Uniform Services Agreement and execute a contract for Uniform Services with Aramark Corporation for Public Works /Engineering Division, Monroe County. Item F.37 Board granted approval of Second Renewal Amendment Agreement with Stockton Maintenance Group, Inc. (SMG) for janitorial services at the Big Pine Key Library at $632.36 per month extending the term to November 30, 2017. Item F.38 Board granted approval of Second Renewal, Third Amendment Agreement with Stockton Maintenance Group, Inc. (SMG) for janitorial services in Marathon to extend the term to November 30, 2017. Facilities include Marathon Library, Marathon Courthouse, Marathon Government Center, Marathon Government Center Annex, Marathon Senior Center, Marathon Supervisor of Elections, Marathon Tax Collector & Marathon Clerk of Courts totaling $6,163.34/mo. Item F.39 Board granted approval of a $41,907.52 Reimbursable Agreement With The FAA to fund a study to relocate the "NDB" tower at Higgs Beach. Item F.40 Board granted approval of Second Renewal Amendment Agreement with Stockton Maintenance Group, Inc. (SMG) for janitorial services at the Key Largo Library to extend the term to November 30, 2017. 11/22/2016 Page 7 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Item F.41 Board granted approval of Second Renewal Amendment Agreement with Stockton Maintenance Group, Inc. (SMG) for janitorial services at the Islamorada Library which extends the term to November 30, 2017. The contract amount is adjusted .7% for janitorial services from $861.52 per month to $867.55 per month. Item F.44 Board granted approval to execute easement to FKAA at Veterans Park and Pigeon Key for Onsite Wastewater Treatment Systems. Item F.46 Board granted approval of a Task Order for Amec Foster Wheeler to provide a Facility Assessment Report for the Harvey Government Center, funded in the one -cent infrastructure fund. A full Facility Condition Assessment (FCA) may cost up to $106,463.00. Item F.47 Board approved receipt of monthly report on change orders reviewed by the County Administrator's office. Item F.48 Board granted approval of a resolution by the Monroe County Board of County Commissioners to conduct a Solar Energy Feasibility Study for the Marathon Library Design. RESOLUTION #285 -2016 IS INCORPORATED HEREIN BY REFERENCE Item F.49 Board granted approval of 2nd Amendment to Agreement between Tranquility Bay Adult Day Care and Monroe County Social Services to increase the "not to exceed amount" from $50,000 to $85,000 for the contract period ending 06/30/2017. Item F.50 Board granted acceptance of the Monroe County Cultural Resource Assessment Update report as reference material to be utilized by County staff. Item F.51 Board granted approval of 4th Amendment to Agreement between Care in the Keys, Inc., and Monroe County Board of County Commissioner /Monroe County Social Services for the renewal of the cost reimbursement agreement for a one (1) year period beginning 01/01/2017, and ending 12/31/2017. Item F.52 Board granted approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue. The said resolutions are incorporated herein by reference. Resolution #286 -2016 transfer of funds for Fund 101 Resolution #287 -2016 transfer of funds for Various Fund FY 16 Resolution #288 -2016 transfer of funds for Fund 304 Resolution #289 -2016 receipt of unanticipated funds for Fund 125 Resolution #290 -2016 transfer of funds for Fund 314 11/22/2016 Page 8 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Resolution #291 -2016 receipt of unanticipated funds for Fund 125 Resolution #292 -2016 transfer of funds for Fund 403 &406 Resolution #293 -2016 receipt of unanticipated funds for Fund 406 Resolution #294 -2016 receipt of unanticipated funds for Fund 406 Resolution #295 -2016 receipt of unanticipated funds for Fund 406 Resolution #296 -2016 receipt of unanticipated funds for Fund 406 Resolution #297 -2016 receipt of unanticipated funds for Fund 403 Resolution #298 -2016 receipt of unanticipated funds for Fund 403 Resolution #299 -2016 transfer of funds for Fund 403 & 406 Resolution #300 -2016 receipt of unanticipated funds for Fund 158 Resolution #301 -2016 receipt of unanticipated funds for Fund 158 Resolution #302 -2016 receipt of unanticipated funds for Fund 001 Resolution #303 -2016 receipt of unanticipated funds for Fund 158 Resolution #304 -2016 receipt of unanticipated funds for Fund 158 Resolution #305 -2016 receipt of unanticipated funds for Fund 125 Resolution #306 -2016 receipt of unanticipated funds for Fund 207 Resolution #307 -2016 transfer of funds for Fund 001 Resolution #308 -2016 transfer of funds for Fund 158 Resolution #309 -2016 transfer of funds for Fund 158 Resolution #310 -2016 transfer of funds for Fund 158 Resolution #311 -2016 transfer of funds for Fund 158 Resolution #312 -2016 transfer of funds for Fund 160 Item G.3 Board granted approval of Amendment to Agreement with Dolphin Research Center, Inc. For the DRC Public Signage project to extend the completion date of the project to March 31, 2017. Item GA Board granted approval of an Amendment to Agreement with Key West Women's Club, Inc. for the Hellings House Phase I Repair and Restoration Project to extend the completion date of the project to December 30, 2016 and to revise Exhibit A - outlining Scope of Service. Item G.5 Board granted approval of an Amendment to Agreement with Lower Keys Chamber of Commerce to provide Visitor Information Services (VIS) to amend scope of services. Item G.6 Board granted approval of an Amendment to Agreement with Islamorada Chamber of Commerce to provide Visitor Information Services (VIS) to amend scope of services. MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Item G.8 Board granted approval of an Amendment to Agreement with Greater Key West Chamber of Commerce to provide Visitor Information Services (VIS) to amend scope of services. Item G.9 Board granted approval of an Amendment to Agreement with Key Largo Chamber of Commerce to provide Visitor Information Services (VIS) to amend scope of services. Item G.10 Board granted approval of an Amendment to Agreement with Greater Marathon Chamber of Commerce to provide Visitor Information Services (VIS) to amend scope of services. Item M.1 Board granted approval to advertise a Request for Qualifications for Transportation Planning Services. ItemM.3 Board granted approval of a third amendment to the URS Southern Corporation Continuing Contract for Transportation Planning Services extending the contract for 2.5 months to allow for completion of the US Time Travel and Delay Study. All terms and conditions of the original contract, including payment conditions, remain unchanged. The time extension will extend the current contract to June 1, 2017. Item MA Board granted approval of Work Order 418 in the amount of $50,000 under the URS Transportation Planning Continuing Services contract. Contract funded at 87.5% ($43,750) through a Joint Participation Agreement (JPA) from the Florida Department of Transportation. The county's share for this work order is $6,250. Item M.7 Board granted approval of Work Order 419 to complete the 2017 US 1 Arterial Travel Time and Delay Study (TTDS), in the amount of $61,994.44, pursuant to the URS Transportation Planning Continuing Services contract which is funded through a Joint Participation Agreement (JPA) from the Florida Department of Transportation. Item O.1 Board granted approval of an interlocal agreement (ILA) by and between Monroe County and Florida Keys Aqueduct Authority, regarding payment for providing connection points for residential properties in County - funded central wastewater systems whose connections were not included in the systems' initial design or construction. Item P.1 Board approved request for expenditure from the Law Enforcement Trust Fund in the amount of $500.00, for the Florida Keys Health Start Coalition. Item Q.1 Board granted approval for the reappointment of Nance Frank to the Art in Public Places Committee with said appointment date to expire, November 2020. 11/22/2016 Page 10 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Item Q.2 Board granted approval for the reappointment of Kurt Lewin to the Affordable Housing Advisory Committee with said appointment date to expire, November 2019. Item Q.3 Board granted approval for the reappointment of Capt. Lynda Schuh to the Marine & Port Advisory Committee with said appointment date to expire November 2019. Item Q.4 Board granted approval for the reappointment of Tim Root to the Affordable Housing Advisory Committee with said appointment date to expire, November 2019. Item Q.5 Board granted approval for the reappointment of Michael Ingram to the Human Services Advisory Board with said appointment date to expire, November 2018. Item Q.6 Board granted approval for the reappointment of Denise Werling to the Monroe County Planning Commission Board. The term for this appointment expires between the November 2019 election and February 2020. Item Q.7 Board granted approval to reappoint Gina Boilini to the Monroe County Shared Asset Forfeiture Fund Advisory Board, term to expire on November 22, 2018. Item Q.8 Board granted approval of the reappointment of Warren Leamard to the Monroe County Affordable Housing Advisory Committee (AHAC). Item Q.9 Board granted approval of the reappointment of Steve Torrence to the Monroe County Human Services Advisory Board (HSAB). Item R.1 Board granted approval of FKAA invoices $50,000 or over for the fiscal year (to include salaries), relating to the Cudjoe Regional Wastewater System Project. Item R.2 Board granted official approval of a request for the Clerk to reallocate the approval FY16 Clerk's Budget for financial statements purposes as well as transparency of how the funds were actually spent. Item R.3 Board granted approval of Tourist Development Council expenses for the month of September 2016. Item R.4 Board granted approval of BOCC Warrants (including Payroll) for the Month of Sept 2016. Item R.5 Board granted official Approval of September 6, 2016 Special BOCC Meeting Minutes (County Health Care Plan). Item R.6 Board granted official Approval of September 6, 2016 Special BOCC Meeting Minutes (Budget). 11/22/2016 Page11 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Item R.7 Board granted official Approval of September 8, 2016 Special BOCC Meeting Minutes (Budget). Item R.8 Board granted official Approval of September 12, 2016 Final Budget BOCC Meeting Minutes. Item R.9 Board granted official Approval of September 19, 2016 Special BOCC Meeting Minutes (Health Insurance Plan). Item S.2 Board granted approval of Grant Agreement S -0939 from the Florida Department of Environmental Protection (FDEP) for $50,000 of funding towards the cost of installation of an air curtain on Canal 4290 on Big Pine Key, one of the original canal demonstration projects that previously received an organic muck removal restoration. Item S.3 Board granted approval to enter into a $0 Access Agreement with Antonio Acosta for a long term grant of easement and right of entry for use of his lot, parcel ID 484200, to place the equipment for the air curtain for the C83 canal water quality improvement demonstration project for organic muck removal, backfilling and air curtain installation in Key Largo. Access is being provided at no cost to the County. Item S.4 Board granted approval of the reappointment of Capt. Bill Kelly of the Florida Keys Commercial Fisherman's Association (FKCFA) to the Marine & Port Advisory Committee with term to expire November 1, 2020. Item S.9 Board granted approval to negotiate an on -call contract with Amec Foster Wheeler, Inc., the highest ranked respondent, for canal masterplan program planning services. Item S.12 Board granted approval of Second Amendment extending Professional Services Agreement with Van Scoyoc Associates, Inc. For federal lobbying services for one year, retroactive to October 1, 2016. Item S.13 Board granted approval of a grant application to DEP as part of the Coastal Partnership Initiative to conduct a vulnerability assessment of the Gulf Seafood property, requesting $14,450 in grant funds and offering $25,450 in match funds, approval to be retroactive to the grant submittal date of October 31, 2016. Item S.15 Board granted ratification of four small contracts; Zoom Video in the amount of $3,496.00, Sands of the Keys in the amount of $7,460.28, Xerox in the amount of $17,354.04 and Canon Financial Services in the amount of $4,000.00 signed by the County Administrator. 11/22/2016 Page 12 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Item T.2 Board granted approval to advertise a public hearing to consider adoption of a proposed ordinance making it a civil infraction for adults to possess five grams or less of marijuana and related drug paraphernalia to be held on December 14, 2016 in Key Largo, FL at 3:00 p.m. or as soon thereafter as may be heard. Item T.5 Board granted authorization to initiate litigation against Karen Zimmerman and the property located at 1108 Grand St., Key Largo, Florida, to seek compliance with the County code and enforce a lien arising from Code Compliance case number CE15040064. Item T.6 Board granted authorization to initiate litigation against 107 Marina LLC as Trustee for Trust Number 107 and the property located at 107 Marina Ave., Key Largo, Florida, to seek compliance with the County code and enforce a lien arising from Code Compliance case number CE15050007. Item T.9 Board granted approval of fourth amendment to agreement with Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A., to increase attorney and paralegal rates and add public records wording required by statute. Item V.1 Board granted approval of a resolution granting authority to terminate outstanding contracts between the Upper Keys Health Care Taxing District and third parties, and disposing of unused surplus office equipment. RESOLUTION #281 -2016 IS INCORPORATED HEREIN BY REFERENCE Item V.2 Board granted approval of a change order with Greentech Group Solutions, LLC for the Key Largo Park Residence Spalling and Deck Repair Project in the amount of $25,607.16. This is funded by the once -cent infrastructure tax. NON -BULK ITEMS Item F.1 Approval of a contract with EAC Consulting, Inc. in the amount of $353.916.24 for engineering design and permitting services for the Stock Island II Roadway Improvement Project. Judith Clarke, Director of Engineering, addressed the Commission's concerns. Mimi Stafford addressed the Board as a public speaker. After discussion, Commissioner Kolhage moved the item for approval, seconded by Commissioner Murphy. Motion approved unanimously. 11/22/2016 Page 13 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Item F.17 Approval of Resolution authorizing the write -off of 92 accounts receivable covering the time period of 2013 through August 2016 totaling $695,317.54 for Monroe County residents who qualified for the Trauma Star Air Ambulance Waiver Program. RESOLUTION #283 -2016 IS INCORPORATED HEREIN BY REFERENCE Agenda Item F16 & F17 were taken together. Chief Callahan addressed the Commission to answer Commissioner Carruthers's question. After discussion, Commissioner Carruthers moved the items for approval, seconded by Commissioner Murphy. Motion approved unanimously. Item F.20 Approval of Addendum to the Amended and Restated Contract between Florida Keys Society of Prevention of Cruelty to Animals, Inc. (FKSPCA) and Monroe County providing funding for the Construction of the New Animal Control Shelter in Key West. Mayor Neugent publicly applaud the FKSPCA on their open house ribbon cutting /breaking ground for the property on the 30th......... Mayor Neugent moved item for approval, seconded by Commissioner Carruthers. Motion approved unanimously. Item F.42 Approval of an amendment to the agreement with Guidance /Care Center to revise Attachment D to include the KH225 contract between Florida Department of Children and Families and South Florida Behavioral Health Network and subsequent amendments to KH225 contract. Commissioner Murphy moved the item for approval, seconded by Commissioner Kolhage. Voting Conflict with Commissioner Rice A Roll-Call was taken by the Clerk with the following results: Commissioner Carruthers Commissioner Kolhage Commissioner Murphy Commissioner Rice Mayor Neugent Motion Carried. Yes Yes Yes Abstain, Voting Conflict Yes 11/22/2016 Page 14 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Item F.43 Approval of an agreement with Guidance /Care Center for the "Women's Jail In- House Program" (WJIP) for October 1, 2016 through September 30, 2017 (FY2017) and ratification of the Substance Abuse Policy Advisory Board (SAPAB) recommendation to fund FDLE Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Commissioner Murphy moved item for approval, seconded by Commissioner Kolhage. Voting Conflict with Commissioner Rice A Roll-Call was taken by the Clerk with the following results: Commissioner Carruthers Commissioner Kolhage Commissioner Murphy Commissioner Rice Mayor Neugent Motion Carried. Yes Yes Yes Abstain, Voting Conflict yes Item F.45 Approval of an agreement with Guidance /Care Center for the "Assisted Living Prevents Recidivism" (Heron) program for October 1, 2016 through September 30, 2017 (FY2017) and ratification of the Substance Abuse Policy Advisory Board (SAPAB) recommendation to fund FDLE Edward Byrne Memorial Justice Assistance Grant (JAG) Program. This Item was deleted from the revised agenda. RESULT: WITHDRAWN TOURIST DEVELOPMENT COUNCIL Item G.1 Approval of an Amendment to Agreement with Historic Florida Keys Foundation, Inc. For the Oldest House Roofing, Structural Repair and Plumbing Upgrade Project to extend the completion date of the project to March 31, 2017 Item was held from approval with Bulk Approvals by Commissioner Rice, along with Item G -2, to place a conflict on record. A motion was made by Commissioner Carruthers for approval of both Items G1 and G2 and seconded by Commissioner Murphy. Item G.2 Approval of an Amendment to Agreement with Historic Florida Keys Foundation, Inc. For the Oldest House Replace /Repair Foundation and Supports Project to extend the completion date of the project to March 31, 2017 Item was held from approval with Bulk Approvals by Commissioner Rice, along with Item G -1, to place a conflict on record. A motion was made by Commissioner Carruthers for approval of both Items G1 and G2 and seconded by Commissioner Murphy. A roll call vote 11/22/2016 Page 15 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 was taken by the Clerk and the motion was approved 4 -0, with Mayor Pro Tem David Rice abstaining. A Roll-Call was taken by the Clerk with the following results for both Agenda Items G1 & G2: Commissioner Carruthers Commissioner Kolhage Commissioner Murphy Commissioner Rice Mayor Neugent Motion Carried. Yes Yes Yes Abstain, Voting Conflict Yes Item G.11 Approval on one "At Large" appointment to the Tourist Development Council District II Advisory Committee A motion was made by Commissioner Kolhage appointing Steve Estes to the Tourist Development Council District II Advisory Committee. The motion was seconded by Commissioner Carruthers and approved unanimously with no objection. STAFF AND ADVISORY COMMITTEE REPORTS Christine Hurley, Assistant County Administrator, reported a few things to the Board. We received a plague from FEMA for our participation in the community rating system. Ms. Hurley also spoke about the progresses of their working group that was put together and also tough on the staff and attorneys efforts in collections. Following Christine Hurley staff's report, there was a discussion about the Pigeon Key Project. Kevin Wilson; Assistant County Administrator, Roman Gastesi; County Administrator, and Bob Shillinger; County Attorney addressed the Board regarding Mayor Neugent's question. ADJOURNMENT OF THE BOARD OF COUNTY COMMISSIONERS MEETING FOR THE FIRE AND AMBULANCE DISTRICT 1 BOARD OF GOVERNOR'S BOARD MEETING FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS Present and answering to the Roll Call was Commissioner Danny Kolhage, Commissioner /Chairman George Neugent, and Commissioner David Rice. Item J.1 Approval of Resolution authorizing the write -off of 341 Fire Rescue ground ambulance accounts receivable for CY 2012, totaling $211,977.27 from the Fire and Ambulance District 1 L &M Key Fund. 11/22/2016 Page 16 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 RESULT: APPROVED [UNANIMOUS] Agenda Item J.1 Resolution #314 -2016 MOVER: David Rice, Mayor Pro Tem/Commissioner District 4 SECONDER: Danny Kolhage, Commissioner District 1 AYES: Neugent, Kolhage, Rice ABSENT: Anderson, Scott, Snow RESOLUTION #314 -2016 IS INCORPORATE HEREIN BY REFERENCE Item J.2 Approval to award proposal and enter into a Contract between the Monroe County Board of County Commissioners, The Board of Governors Fire and Ambulance District 1 of Monroe County, Florida, and Bound Tree Medical LLC furnishing specified medical supplies and pharmaceuticals at set contract pricing, and provisional pricing on non - specified items reflected as a 25% discounted percentage rate off list, and approval for Fire Chief to sign all documents as needed to complete the transaction. RESULT: APPROVED [UNANIMOUS] Agenda Item J.2 MOVER: David Rice, Mayor Pro Tem/Commissioner District 4 SECONDER: Danny Kolhage, Commissioner District 1 AYES: Neugent, Kolhage, Rice ABSENT: Anderson, Scott, Snow THE LOWER & MIDDLE KEYS FIRE & AMBULANCE DISTRICT BOARD OF GOVERNORS ADJOURNED AND THE BOARD OF COUNTY COMMISSIONERS RECONVENED ENGINEERING Item K. 1 Appeal by AT &T of a denial of a right of way permit to install two 35 -ft high poles to support antennas on the county right of way on Big Pine Key. (Quasi - judicial) County Attorney Bob Shlllinger noted this was a quasi - judicial proceeding and no disclosures of ex parte communication were placed on the record by any of the commissioners. Judith Clarke, Director of Engineering, provided a background of the appeal to the Board. Kathy Kelly, of Kelly Communication Services and representing AT &T, then addressed the Board and advised attempts were made to co- locate the services and that 29 poles were already in the ground. She also stressed these 2 additional poles were critical and without them the project would not work. Commissioner Murphy made a motion to accept the appeal as written which was seconded by Commissioner Rice. Discussion followed with Commissioner Kolhage suggesting this item go back to staff for review to pursue all available options and AT &T could pursue further negotiations with Keys 11/22/2016 Page 17 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Energy Services or identify other options to move this project forward. Commissioner Carruthers agreed with Commissioner Kolhage's recommendation. Christine Limbert, Assistant County Attorney, responded to the Commissioners' inquiries. Following discussion, a roll call vote was taken on the motion to approve on the floor. A Roll-Call was taken by the Clerk with the following results: Commissioner Carruthers No Commissioner Kolhage No Commissioner Murphy Yes Commissioner Rice Yes Mayor Neugent Yes Motion Carried. PROJECT MANAGEMENT Item L.1 Discussion and direction for the Cudjoe Key fire station based on the recommended plan including cost implications. Chief Callahan addressed the Board to provide an update on the efforts to move forward with the Cudjoe Key Fire Station explaining that issues regarding finances /costs had arose and providing three options to the Board for discussion and to obtain their direction, noting the Staff Recommendation is Option 41. Following discussion, a motion was made by Commissioner Carruthers to approve Option 42 minus the medical clinic and community room. The motion was seconded by Commissioner Murphy. RESULT: APPROVED [UNANIMOUS] Agenda Item L.l MOVER: Heather Carruthers, Commissioner District 3 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice PLANNING AND ENVIRONMENTAL, BUILDING AND CODE COMPLIANCE DEPARTMENTS Item M.2 Selection of a firm to provide a Detailed Feasibility Study for a Mooring Field at Boca Chica Basin, and approval to negotiate a contract. Rich Jones, Senior Administrator of Marine Resources, provided the Board with an update on the efforts, to date, regarding a Mooring Field at Boca Chica Basin, followed by public speaker Robert Haverty. A motion was made by Commissioner Kolhage and seconded by Commissioner Murphy to accept staffs recommendation to move forward with negotiating a contract with CSI. The motion was approved unanimously without objection. 11/22/2016 Page 18 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Following approval of the item, Rich Jones updated the Board regarding the recent statewide FWC Meeting and impending legislative efforts in this area. Mayor Neugent publicly recognized Rich Jones for his efforts. RESULT: APPROVED [UNANIMOUS] Agenda Item M2 MOVER: Danny Kolhage, Commissioner District 1 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice Item M.5 Approval of a resolution of the Monroe County Board of County Commissioners establishing the monetary value for payment to the County's land acquisition fund for an applicant to receive additional points (max of 2 points) within the Rate of Growth Ordinance/Non- Residential Rate of Growth Ordinance (ROGO/NROGO) allocation systems. This item was held by Commissioner Carruthers to obtain further information from staff. Mayte Santamaria, Senior Director of Planning and Environmental Resources, provided information to the Board as far as the dollar figure. Following discussion, a motion for approval of the resolution was made by Commissioner Carruthers and seconded by Commissioner Murphy. The motion was unanimously approved. RESULT: APPROVED [UNANIMOUS] Agenda Item M.5 Resolution #315 -2016 MOVER: Heather Carruthers, Commissioner District 3 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice RESOLUTION #315 -2016 IS INCORPORATED HEREIN BY REFERENCE Item M.6 Approval of a Stipulated Settlement Agreement between Seashime LLC, Edward Buxton, and Cathy Buxton (collectively Petitioners), and the State of Florida, Department of Economic Opportunity (DEO) and Monroe County, Florida (Monroe County) (collectively, Respondents) to resolve the petition filed by the petitioners challenging the DEO Final Order 16 -130 which approved Monroe County Ordinance 006 -2016 adopting the revised Land Development Code, specifically the petition relates to DEO's approval of the language added by the Ordinance to Section 130 -165 (formerly 130-166) of the Monroe County Land Development Code, which added a condition that in order to aggregate development of two or more parcels, the development must be "located on contiguous parcels of land. This item was held by Commissione Kolhage to confirm with staff if this item was being presented for approval by the BOCC to allow the County's Comp Plan to move forward as 11/22/2016 Page 19 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 approved by the Board. Following discussion, a motion to approve the item was made by Commissioner Kolhage and seconded by Commissioner Murphy. The motion was approved unanimously. RESULT: APPROVED [UNANIMOUS] Agenda Item M.6 MOVER: Danny Kolhage, Commissioner District 1 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice SOLID WASTE Item N.1 Discussion of changes to the Specialty Hauler program At the request of staff, this item was deleted from the agenda the day of the meeting. RESULT: WITHDRAWN COUNTY ADMINISTRATOR Item S.1 County Administrators Report Roman Gastesi, County Administrator, advised a written report was provided. Mr. Gastesi also emphasized what a great job our permitting department is doing. Item S.5 Authorize entering into a contract with Adventure Environmental, Inc. for $1,524,040 for the C83 canal restoration project in Key Largo, which includes muck removal, backfilling, and air curtain installation. This item was held by County Attorney Bob Shillinger to clarify recommendation is for approval of contract with the added condition that code fines are paid on the lot being used for access with fines paid within County Attorney's settlement authority. Steve Williams, Assistant County Attorney, responded to inquiries from the Commission and provided a chronology of events related to this matter. Following discussion, a motion was made by Commissioner Murphy for approval conditioned upon payment of 25% of $7500.00 plus hard cost and everything else as is. The motion was seconded by Commissioner Rice. Following discussion, a roll-call was taken. A Roll-Call was taken by the Clerk with the following results: Commissioner Carruthers Yes Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Rice Yes Mayor Neugent Yes Motion Carried. 11/22/2016 Page 20 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Item S.6 Approval of Amendment No. 13 to the contract for Engineering, Design and Permitting Services of the Demonstration Projects, with AMEC Foster Wheeler Environment and Infrastructure, Inc. to provide Construction Engineering, Environmental Inspections And Construction Administration Services in the amount of $88,612, related to Canal 483 muck removal, backfilling and air curtain project in Key Largo, Monroe County, Florida. This item was held by County Attorney Bob Shillinger, along with Item S5, for purposes of clarifying staff recommendation that approval be conditioned upon payment of outstanding code fines and hard costs. Rhonda Haag, Sustainability Coordinator, addressed the Board to respond to the Board's inquiries. Following discussion, a motion was made by Commissioner Murphy to approve the item conditioned upon payment of outstanding code fines and hard costs. The motion was seconded by Commissioner Rice. A Roll-Call was taken by the Clerk with the following results: Commissioner Carruthers Yes Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Rice Yes Mayor Neugent Yes Motion Carried. Item S.7 Discussion and approval of the Board of County Commissioners monthly meeting dates for 2017. Following discussion, a motion was made by Commissioner Murphy to approve the meeting schedule as follows: January - October Meetings will be held on Wednesday of the 3rd week of the month; November meeting moved to Tuesday, November 14, 2016; and the December meeting moved to December 13, 2016 (2nd week of the month). The motion was seconded by Commissioner Carruthers and approved unanimously. RESULT: APPROVED [UNANIMOUS] Agenda Item S.7 MOVER: Sylvia Murphy, Commissioner District 5 SECONDER: Heather Carruthers, Commissioner District 3 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice Item S.8 Approval of First Amendment to agreement with Anfield Consulting to retroactively extend the termination date of the former agreement through August 17, 2016, for strategic governmental consulting and lobbying services on behalf of Monroe County in the legislative and executive branches of State government. 11/22/2016 Page 21 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Prior to Lisa Tennyson, Legislative Affairs Director, setting the stage for S14, Commissioner Murphy moved item S8 a related item to S14 for approval, seconded by Commissioner Carruthers. A Roll-Call was taken by the Clerk with the following results: Commissioner Carruthers Yes Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Rice Yes Mayor Neugent Yes Motion Carried. Item 5.10 Review and discussion of the draft Final Report of the tidal flooding roads demonstration projects. Erin L. Deady, P.A. provided a presentation of Tidal Flooding Roads Demonstration Projects to the Board. Rhonda Haag, Sustainability Coordinator also addressed the Board, along with Assistant County Administrator Christine Hurley. Following the presentation, Mike Flood, public speaker addressed the Board. No action was taken by the Board on this matter. Item 5.11 Authorize entering into Amendment No. 9 with Erin L. Deady, P.A. to provide a 60 day extension of time and to add $30,740.00 in additional tasks to complete the Pilot Roads Project. This item was held by Commissioner Kolhage. Rhonda Haag, Sustainability Coordinator, addressed the Board to answer Commissioner Kolhage's questions pertaining to the total amount. Following discussion, a motion to approve was made by Commissioner Carruthers, seconded by Commissioner Murphy and approved unanimously. Item 5.14 Approval of new annual agreement with Anfield Consulting, Inc. For lobbying services on behalf of Monroe County in the legislative and executive branches of State government effective December 1, 2016. Lisa Tennyson, Legislative Affairs Director, set the stage. A motion to approve was made by Commissioner Murphy and seconded by Commissioner Carruthers. A Roll-Call was taken by the Clerk with the following results: Commissioner Carruthers Yes Commissioner Kolhage No Commissioner Murphy Yes Commissioner Rice Yes Mayor Neugent Yes Motion Carried. 11/22/2016 Page 22 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 COUNTY ATTORNEY Item T.1 County Attorney Report for November 2016 County Attorney Bob Shillinger advised the Board a written report was provided as part of the agenda backup. Mr. Shilinger advised the Board he had been selected to serve on the Selection Committee who would be selecting a permanent manager for the Gulf Consortium and wanted to ensure the Board was supportive of his participation. Following discussion, the Board offered their support for his participation on the Selection Committee. County Attorney Shillinger also briefed the Board on current legislative efforts regarding media technology which had been attempted in the past The County Attorney also discussed the annual appointment of Commissioners to attend /sit on the various Advisory Boards, Councils and Committees. Commissioner Sylvia Murphy expressed her desire for staff to research each Advisory Board, Council and Committee to determine if attendance, participation by a Commissioner was statutorily required, incorporated by way of by -laws, etc. in an effort to reduce unnecessary travel and attendance at the multitude of various meetings. County Attorney Shillinger advised the Board, staff would research and identify applicable participation requirements for each Council, Board or Committee that are included on the current annual list. Item T.3 Approval of a mediated settlement agreement for Circuit Court case no.: 14 -CA- 415-P, styled Monroe County v. Gilbert L. Sanchez and Dalia Sanchez, regarding real property located at 224 Tarpon Street, Tavernier, Florida. Steve Williams, Assistant County Attorney, addressed the Board recommending acceptance of the settlement agreement. Robert Cintron, Esq., attorney for the defendants, then addressed the Board on behalf of his clients, followed by co- defendant Dalia Sanchez. Following discussion, a motion was made by Commissioner Carruthers to approve the settlement agreement which was seconded by Commissioner Kolhage. A Roll-Call was taken by the Clerk with the following results: Commissioner Carruthers Yes Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Rice Yes Mayor Neugent Yes Motion Carried. 11/22/2016 Page 23 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 Item T.4 Approval of Third Amendment to contract, with State of Florida, Division of Administrative Hearings, who sits as Special Magistrate for Code Compliance hearings and other matters, governing provision of video teleconferencing equipment. This item was deleted from the agenda the day of the meeting by Assistant County Administrator Christine Hurley. RESULT: WITHDRAWN Item T.7 Request to hold an Attorney- Client Closed Session in the matter of Monroe County v. Zamindari Investments, Inc., et al., Case No. 14 -CA -165 -M at the December 14, 2016 BOCC meeting in Key Largo at 1:30 p.m. or as soon thereafter as may be heard. Bob Shillinger, County Attorney, read the script into the record requesting a closed session at 1:30 p.m. on December 14, 2017 in Key Largo, FL. A motion was made by Commissioner Rice to approve holding the closed session as requested by staff. The motion was seconded by Commissioner Carruthers and approved unanimously. RESULT: APPROVED [UNANIMOUS] Agenda Item T.7 MOVER: David Rice, Mayor Pro Tem/Commissioner District 4 SECONDER: Heather Carruthers, Commissioner District 3 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice Item T.8 Authorization to initiate litigation against Norman Wartman and the property located at Kawama Condominium Bldg. R Unit 3, Key Largo, and upon any and all other real and /or personal property owned by Norman Wartman, if necessary, to compel compliance with County Ordinances and enforce the lien arising from code compliance case number CE13070079. This item was held by Commissioner Carruthers who expressed her concerns. Steve Williams, Assistant County Attorney, responded to Commissioner Carruther's questions and concerns, as well as those of the other Commissioners. Mimi Stafford, public speaker, then addressed the Board. Following discussion, a motion was made by Commissioner Kolhage to authorize the County Attorney to initiate litigation upon receipt of a decision from the Court on those cases pending appeal. The motion was seconded by Commissioner Carruthers and approved unanimously. RESULT: APPROVED [UNANIMOUS] Agenda Item T.8 MOVER: Danny Kolhage, Commissioner District 1 SECONDER: Heather Carruthers, Commissioner District 3 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice 11/22/2016 Page 24 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 2016 PUBLIC HEARINGS Item U.1 An ordinance by the Monroe County Board of County Commissioners amending the Monroe County Land Use District (Zoning) Map from Suburban Commercial (SC) to Mixed Use (MU), for property located at 28500 & 28540 Overseas Highway, Little Torch Key, Mile Marker 28.5 oceanside, legally described as parcels of land in a part of U.S. Government Lot 6, Section 28, Township 66 South, Range 29 East, Little Torch Key, Monroe County, Florida, having real estate numbers 00113570- 000000, 00113570- 000100, 00113570- 000200, 00113590- 000000 and 00113620- 000000, as proposed by Patrick R. And Diane Colee, Dolphin Marina Associates LTD and Torch Key Properties LTD; ). REQUEST TO CONTINUE TO FEBRUARY 15, 2017 BOCC MEETING. Bob Shillinger, County Attorney, noted staffs recommendation to continue this Public Hearing to the February 15, 2017 BOCC Meeting in Key West, FL. Donna Bosold addressed the Board as a public speaker. A motion was made by Commissioner Kolhage to approve the continuance, seconded by Commissioner Carruthers and approved unanimously. RESULT: TABLED [UNANIMOUS] Agenda Item U.1 Next: 2/15/2017 9:00 AM MOVER: Danny Kolhage, Commissioner District 1 SECONDER: Heather Carruthers, Commissioner District 3 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice Item U.2 An ordinance of the Monroe County Board of County Commissioners amending Section 130 -165 (formerly 130-166) of the Monroe County Land Development Code (LDC) adopted on April 13, 2016 to satisfy a stipulated settlement agreement between Seashine LLC, Edward Buxton, and Cathy Buxton (petitioners), and the State of Florida, Department of Economic Opportunity (DEO) and Monroe County, Florida (Monroe County); providing for severability; providing for the repeal of conflicting provisions; providing for transmittal to the State Land Planning Agency and the Secretary of State; providing for inclusion in the Monroe County Code; providing for an effective date. A motion to approve the ordinance was made by Commissioner Rice, seconded by Commissioner Murphy and approved unanimously. RESULT: APPROVED [UNANIMOUS] Agenda Item U.2 Ordinance #030 -2016 MOVER: David Rice, Mayor Pro Tem/Commissioner District 4 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice ORDINANCE #030 -2016 IS INCORPORATED HEREIN BY REFERENCE 11/22/2016 Page 25 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOVEMBER 22, 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 11/22/2016 Page 26 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 6, 2016 Special Meeting (AHAC Recommendations) Board of County Commissioners Tuesday, December 6, 2016 Marathon, Florida A Special Meeting of the Monroe County Board of County Commissioners convened at 10:00 a.m. at the Marathon Government Center. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner Danny Kolhage, Commissioner Sylvia Murphy, Commissioner David Rice, and Mayor George Neugent. Also present at the meeting were Bob Shillinger, County Attorney; Roman Gastesi, County Administrator; Cheryl Robertson, Deputy Clerk; county staff and members of the general public. ADDITIONS, CORRECTION, DELETIONS Item A.1 Approval of agenda. There were no Additions, Correction, or Deletions. RESULT: ADOPTED [UNANIMOUS] MOVER: Sylvia Murphy, Commissioner District 5 SECONDER: Heather Carruthers, Commissioner District 3 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice PLANNING AND ENVIRONMENTAL, BUILDING AND CODE COMPLIANCE DEPARTMENTS Item B.1 Clarion Associates (county consultant) to provide an update to the BOCC and the public about the inclusionary housing project, the project schedule, project goals and to receive input and feedback. Mayte Santamaria, Senior Director of Planning and Environmental Resources set the stage. Craig Richardson provided a brief overview of the project but first provided a background of the firm and the work done in that area then later the approach of getting the job done. Item B.2 Presentation and discussion of Affordable Housing Advisory Committee (AHAC) Resolution 01 -2016, adopted by the AHAC on July 22, 2016, for the Monroe County Board of County Commissioners to consider 33 recommendations to facilitate the provision of workforce housing and provide staff direction on which recommendations to evaluate and complete. Mayte Santamaria, Senior Director of Planning and Environmental Resources provided a presentation for discussion of the Affordable Housing Advisory Committee Resolution 01- 2016. After discussion, public speakers were called: Owen Trapanier (no comment at first but actually spoke second to last as a public speaker), Virginia Panico representing Key West Chamber of Commerce, Ed Swift, Bart Smith 12/6/2016 Pagel MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 6, 2016 representing Charley Toppino & Sons, Captain Ed Davidson representing Florida Keys Citizens Coalition, Deb Curlee, Joyce Newman, and Chuck Lindsey Marathon Manager. Task 41 & Task 42 Commissioner Carruthers moved approval changing the definition "Workforce ", seconded by Commissioner Rice. Motion unanimously approved. Task 43 Commissioner Carruthers moved approval, seconded by Commissioner Murphy. Motion unanimously approved. Task 44a Staff has direction to research potential amendments and bring back to the Board with details; to include market rate ROGOS. Task 44b Staff is still working on this one. Christine Hurley, Assistant County Administrator, addressed the Commission. Task 44c Charles Patterson, Land Authority Director, addressed the Commission. Item held for Land Authority to do further research and bring back before the Commission for further discussion. Task 44d On- going; staff directed to continue all efforts to address NIMBY. Task 45a Staff recommended not move forward with RFP because the number is so low. No motion/just direction. Task 45b Staff needs to continue to work on this. Task 45c Commissioner Carruthers moved approval, seconded by Commissioner Kolhage. Motion unanimously approved. Ed Swift addressed the Commission. Task 45d Commission needs more details; staff's directed to continue to investigate. Task 45e This one is being done already Task 46a Staff directed to develop methods to use market rates for workforce housing or increase number of available ROGOS. 12/6/2016 Page 2 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 6, 2016 Task 46b Commissioner Carruthers moved approval for height increase workforce housing up to 3 stories, seconded by Mayor Neugent for discussion. After discussion, Commissioner Carruthers motion to have staff investigate and come back with particular criteria in which to apply the extended height with more specificity, seconded by Mayor Neugent. Motion passed, a roll-call was taken. A Roll-Call was taken by the Clerk with the following results: Commissioner Carruthers Yes Commissioner Kolhage Yes Commissioner Murphy No Commissioner Rice Yes Mayor Neugent Yes Motion Passed. Task 46c Commissioner Carruthers moved approval, seconded by Commissioner Murphy Motion unanimously approved. Task 46d Commissioner Murphy moved approval, seconded by Commissioner Carruthers Motion unanimously approved. (Task 47 & Task 48 together) Task 48b No direction provided. Task 48c Commissioner Rice moved staff to explore this further, seconded by Commissioner Kolhage. Motion unanimously approved. Task 48d After discussion and comments, no direction or motion. Commissioner Kolhage stated too premature and in agreement were Mayor Neugent and Commissioner Murphy. Task 48e No motion or vote needed. Task 48f No direction provided. Task 48g Commissioner Murphy moved approval, seconded by Commissioner Carruthers; consensus gathered. Task 49 Premature at this time. Task 41 Oa Already moving forward on this one. 12/6/2016 Page 3 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 6, 2016 Task 410b Commissioner Kolhage moved approval "cannot use the linkage ", seconded by Mayor Neugent. Motion unanimously approved. Task 410c Commissioner Rice moved approval, seconded by Commissioner Kolhage. Motion unanimously approved. Task 411 Commissioner Carruthers moved approval, seconded by Commissioner Murphy. Motion unanimously approved. (AHAC Recommendations to BOCC outline attached) 12/6/2016 Page 4 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 6, 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 12/6/2016 Page 5 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 Regular Meeting Board of County Commissioners Wednesday, December 14, 2016 Key Largo, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. at the Murray E. Nelson Government Center. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner Danny Kolhage, Commissioner Sylvia Murphy, Commissioner David Rice, and Mayor George Neugent. Also present at the meeting were Bob Shillinger, County Attorney; Roman Gastesi, County Administrator; Cheryl Robertson, Deputy Clerk; county staff and members of the general public. ADDITIONS, CORRECTION, DELETIONS Item A.1 Approval of agenda. Following the reading of the Add Ons, Corrections and Deletions for those revisions that did not appear on the Revised Agenda by Lindsey Ballard, Aide to the County Administrator, Commissioner Danny Kolhage moved to approve the agenda, seconded by Commissioner Sylvia Murphy. RESULT: ADOPTED [UNANIMOUS] Agenda Item A.l MOVER: Danny Kolhage, Commissioner District 1 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice PRESENTATION OF AWARDS Item B.1 Monroe County (County) recognition of Pumpout USA for exemplary mobile vessel pumpout service and pumping out its one millionth gallon of sewage from the waters of the County, improving water quality. Rich Jones, Marine Resources Coordinator, publicly recognized the efforts of Pumpout USA and presented Captain Donnie Brown, President of Pumpout USA, with an award for pumping out its one millionth gallon of sewage from Monroe County waters. Item B.2 Presentation of a Proclamation with Recognition of December 21, 2016 as National Homeless Persons Day in Monroe County. Mayor George Neugent presented the National Homeless Persons Day Proclamation. Item B.3 Presentation of Mayor's Proclamation observing January 7 -15, 2017 Week of Peace in Monroe County. Mayor George Neugent presented the Mayor's Proclamation observing January 7 -15, 2017 the "Week of Peace" in Monroe County. 12/14/2016 Pagel MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 Item B.4 Presentation of a Proclamation declaring the week of January 15, 2017 through January 21, 2017 as "Manny Madruga Week" in Monroe County, FL. Mayor George Nuegent presented the Mayor's Proclamation observing the week of January 15 -21, 2017 as "Manny Madruga Week" in Monroe County. Monroe County State Attorney, Catherine Vogel was the recipient of the Proclamation. BULK APPROVALS Commissioner Murphy addressed the audience regarding the Rules of Bulk Approval's items. Motion was made by Commissioner Murphy and seconded by Commissioner Kolhage granting approval of the following bulk items (C.1 through M.8). Motion passed unanimously. Item C.1 Board granted approval of Second Renewal Amendment Agreement with Black Fire Protection, Inc. For "Full Maintenance — Fire Protection Systems ". The contract amount is adjusted by .7 %. The quarterly rate will be $4,364.73. This Second Renewal Amendment will be retroactive to December 11, 2016, the term commencement date. Item C.2 Board granted approval of a Resolution authorizing an agent of Animal Control Contractors to enforce Chapter 4, Monroe County Code, and Chapter 828, Florida Statutes, and to issue citations for violations of the Monroe County Code including requiring appearance for disposition in County Court. RESOLUTION #318 -2016 IS INCORPORATED HEREIN BY REFERENCE Item C.3 Board granted approval of a month to month renewal Agreement with Air Mechanical & Service Corp. for a full maintenance program for the two centrifugal chillers at Jackson Square. Item CA Board granted approval to renew the current contract for gasoline and diesel fuel on a month to month basis between Monroe County & Dion Fuels LLC. Item C.5 Board granted approval of Amendment 1 to the contract with Kisinger Campo & Associates, Corp. for engineering design and permitting services for the Garrison Bight Bridge Repair Project. The Amendment adds a cultural resources evaluation and a lead based paint survey to the scope of services for a lump sum fee of $9,254.27. This design is funded by a local agency program (LAP) grant agreement with Florida Department of Transportation (FDOT). Item C.6 Board granted approval of a Second Amendment to Agreement with Little John Engineering Associates, Inc. for additional design services at the Big Pine Key swimming hole. $100,000.00 is funded by FDOT through the Transportation Alternatives Program. $49,500.00 is paid for from the infrastructure tax. 12/14/2016 Page 2 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 Item C.7 Board granted approval of Change Order with Barracuda Builders, Inc. in the amount of $43,515.00 for demolition and replacement of a door /store front at the East Martello Tower. This is 100% funded through the Tourist Development Council (TDC) Grant. Item C.8 Board granted approval of Second Amendment to Administrative Services Agreement between Blue Cross and Blue Shield of Florida and Monroe County Board of County Commissioners to include Teladoc Services effective January 1, 2017 at an additional cost of $1 per employee per month through December 31, 2020, which is estimated to cost approximately $19,200 per year for four years that equates to $76,800. Item C.10 Board granted approval of First Amendment to contract with Garden of Eden of the Florida Keys, Inc., for landscaping services at the Key West International Airport. Increasing the hourly rate from $25 /hr to $25.18/hr. and increasing the annual contract amount from $100,000 /yr. to $100,700 /yr. in accordance with contract provisions for a annual CPI adjustment of 0.7 %. Item C.11 Board approved receipt of monthly report on change orders reviewed by the County Administrator's office. Item C.12 Board granted approval of a task order for professional services with T.Y. Lin International H/J Ross for the Higgs Beach re- nourishment above and below mean high water line in the amount of $62,177.00. This is funded by the TDC. Item C.13 Board granted approval of Change Order 41 for West Construction, Inc. For Phase 2 and 3 of the Marathon Storage Hangars project at the Florida Keys Marathon International Airport. Phase 2 and 3 includes Additive Bids 2, 3 & 4 in the total amount of $1,340,329, which will complete the project. Funded by 80% FDOT Grant ARK80 (Joint Participation Agreement 42) and 20% Airport Operating Fund. Item C.14 Board granted approval of Jacobs Project Management Company Amended Task Order 412/14 -61(A) adding Phase 2 & 3 Construction Support Services in the amount of $117,300 for the construction of 11 Storage Hangars at the Florida Keys Marathon International Airport. This increases the total cost of Task Order 412/14 -61(A) from $135,250.00 to $252,550.00, to be paid from FDOT Grant ARK80 (80 %) and Airport Operating Fund 403 (20 %). Item C.15 Board granted approval of Fiscal Year 2017 Human Service Organization (HSO) Agreement with the Domestic Abuse Shelter, Inc. (DAS 12/14/2016 Page 3 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 Item C.16 Board granted approval of an Agreement with SCS Engineers in the amount of $33,183.00 to provide professional engineering services to assist Monroe County with renewal of the Operational Permit for the Cudjoe Key Lined Landfill cells, and prepare for the permanent closing of the site. Item C.17 Board granted ratification and approval of State of Florida Department of Transportation Joint Participation Agreement Number GOG88 providing funding of $500,000.00 for Marathon Airport Car Wash Facility at the Florida Keys Marathon International Airport. Total project cost up to $625,000.00 to be funded by FDOT 80 %($500,000) and Marathon Airport operating funds 20% ($125,000). Item C.18 Board granted ratification and approval of State of Florida Department of Transportation Joint Participation Agreement Number GOE47 providing funding of $700,000.00 for Key West Airport Essential Airport Equipment at the Key West International Airport. Total project cost up to $1,400,000 to be funded FDOT 50% ($700,000) and Key West Airport operating funds 50% ($700,000). Item C.19 Board granted approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue. The said resolutions are incorporated herein by reference. Resolution #316 -2016 transfer of funds for Fund 001, 158, & 403 Resolution #317 -2016 receipt of unanticipated funds for Fund 125 Item C.20 Board granted approval of Amendment to Agreement between GA Food Services, Inc., and Monroe County Board of County Commissioners /Monroe County Social Services/Nutrition Services (for the provision of Congregate and Home Delivered Meals throughout Monroe County) for the CPI -U adjusted rate of 1.6% or $3.80 per meal, for a total grant funded contract amount of $231,573.28. Item C.21 Board granted approval of Standard Contract # AA -1729, Older Americans Act (OAA) between the Alliance for Aging, Inc., (AAA) and the Monroe County Board of County Commissioners /Monroe County Social Services /In -Home Services and Nutrition Programs for the contract period of 01/01/2017 through 12/31/2017 in the amount of $623,264.50. Item C.22 Board granted approval to enter into negotiations with Littlejohn Engineering Associates, Inc., an S &ME Company, for the design of Rowell's Waterfront Park. This project is funded 100% by FDOT through the Transportation Alternatives Program. Item H.1 Board granted approval of Selectron contract amendment to upgrade server and the Integrated Voice Response (IVR) application system in preparation for permit expiration notification enhancement for $19,500. 12/14/2016 Page 4 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 Item H.2 Board granted approval of Selectron contract amendment to add new enhancement that will send notifications to permit holders to inform them of upcoming expiration of issued permits for a cost of $30,000. Item H.3 Board granted approval of SunGard contract amendment to add additional licenses for concurrent users and redundancy /disaster recovery servers for $7,840. Item HA Board granted approval of a resolution setting a public hearing for January 18, 2017, at the Marathon Government Center, Marathon to consider approval of a resolution renouncing and disclaiming any right of the County and the public in and to a portion of the right -of -way, at the SE corner of the intersection of Atlantic Circle Drive and Tavern Drive, in a part of Government Lot 2, Section 34, Township 62 South, Range 38 East, on Tavernier Key, Monroe County, Florida. RESOLUTION #320 -2016 IS INCORPORATED HEREIN BY REFERENCE Item H.10 Board granted approval to rescind an Interlocal Agreement (ILA) between Monroe County and City of Marathon transferring 32 low income and 4 very low income (36 total) affordable housing ROGO allocations to the City of Marathon for a project known as Anchorage Homes. Item H.11 Board granted approval to rescind an Interlocal Agreement (ILA) between Monroe County and City of Marathon transferring 41 low income and 5 very low income (46 total) affordable housing ROGO allocations to the City of Marathon for a project known as Vaca Bay Seniors (Beneficial Development LLC). Item J.1 Board granted approval of Second Amendment to Contract for Law Enforcement and Security Services at Key West International Airport. Item K.1 Board granted approval to reappoint Sandra Higgs to the Human Services Advisory Board. Item K.2 Board granted approval to reappoint Bob Mock to the Parks and Recreation Advisory Board. Item K.3 Board granted approval to reinstate unused funds for the creation of a wind insurance mitigation form specific for Monroe County in the amount of $30,000; to be administered by Fair Insurance Rates in Monroe (FIRM). 12/14/2016 Page 5 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 Item L.1 Board approved the Clerk's Report: (1) Fixed assets transferred in the month of October 2016 Informational Purpose Only. (2) Fixed assets retired in the month of October 2016 Information Purpose Only. (3) FKAA invoices for the fiscal year (to include salaries), relating to the Cudjoe Regional Wastewater System Project. The invoices under $50,000 are being provided for Information Only. (4) FKAA invoices for the fiscal year (to include salaries), relating to the Cudjoe Regional Wastewater System Project. The invoices under $50,000 are being provided for information Only. Item L.2 Board granted approval of FKAA invoices $50,000 or over for the fiscal year (to include salaries), relating to the Cudjoe Regional Wastewater System Project. Item L.3 Board granted approval of Tourist Development Council expenses for the month of October 2016. Item LA Board granted approval of BOCC Warrants (Including Payroll) for the Month of Oct 2016. Item M.3 Board granted approval to enter into Amendment No. 2 to EPA Canal Grant X7- OOD40915 to provide grant funding to the County in the amount of $110,582.00 to partially fund the $170,921.75 cost of Phase IIIA of the Canal Management Master Plan; and approve using $200,000 of the $1,524,040 cost of the canal 483 combination muck removal / backfilling project as a match for the grant. Item MA Board granted approval to enter into a $0 on -call contract with Amec Foster Wheeler, Inc. for canal masterplan program planning services. Potential Task Orders to be provided in the future for master planning and related services. Item M.5 Board granted approval to enter into a $127,611.75 Task Order No. 1 to the on call contract With Amec Foster Wheeler, Inc. for Category A canal masterplan program planning services to implement a $110,582 grant from EPA for development of Phase IIIA of the canal master plan. Item M.7 Board granted approval to negotiate an on -call contracts with Amec Foster Wheeler, Inc. and Tetra Tech Inc, the two highest ranked respondents for canal infrastructure engineering services. Item M.8 Board granted ratification of one small contract with Douglas N. Higgins, Inc. in the amount Of $43,643.09 signed by the County Administrator. 12/14/2016 Page 6 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 NON -BULK ITEMS Item C.9 Adopt resolution creating a Health Plan Advisory Committee (HPAC) for 1 (one) year to advise the County Commission on recommended changes to the health insurance or prescription insurance benefits. This item was held from Bulk Approvals by Commissioner Kolhage. Commissioner Kolhage moved to approve the resolution with an amendment adding 1 additional retiree to the Committee (from 1 to 2 retirees). The motion was seconded by Commissioner Murphy. Motion unanimously approved. RESOLUTION #319 -2016 IS INCORPORATED HEREIN BY REFERENCE STAFF REPORTS Lisa Tennyson, Legislative Affairs Director, provided a Legislative update and information regarding advisory board meetings as well as the Constitution Revision Committee. Kevin Wilson, Assistant County Administrator, @ 3:43 pm provided a couple of updates and other significant happenings. Chief Callahan provided an update regarding the Trauma Star and where we are right now. The concern of Life Net leaving or pulling away was raised by Commissioner Rice. Roman Gastesi, County Administrator, stated staff is planning to bring back to the board in January an item to move forward if something doesn't work out with Life Net, the possibility of purchasing a third helicopter. ADJOURNMENT OF THE BOARD OF COUNTY COMMISSIONERS MEETING FOR THE FIRE AND AMBULANCE DISTRICT 1 BOARD OF GOVERNOR'S BOARD MEETING FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS Chair /Mayor George Neugent convened the Fire & Ambulance District 1 Board of Governors for purposes of selecting the Board of Governors and officers. Bruce Halle, City of Layton, was introduced as the newest member of the Board of Governors. Chairman Neugent noted that Mayor Norm Anderson, member of the BOG was not in attendance at the meeting. Present and answering to the Roll Call were Commissioner Danny Kolhage, Commissioner /Chairman George Neugent, Commissioner David Rice, and Bruce Halle running for Councilman. Item No items submitted (until day of meeting). 12/14/2016 Page 7 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 Item F.1 ADD ON DAY OF MEETING: Election of the Board of Governors and officers. (VERBAL ONLY -NO BACKUP) A motion was made by Commissioner Rice to retain officers in their current positions, seconded by Commissioner Kolhage. Motion was approved unanimously. THE LOWER & MIDDLE KEYS FIRE & AMBULANCE DISTRICT BOARD OF GOVERNORS ADJOURNED AND THE BOARD OF COUNTY COMMISSIONERS RECONVENED ENGINEERING Item G.1 Presentation of the Florida Department of Transportation (FDOT) Tentative Five Year Work Program for fiscal years 2017 -2018 through 2021 -2022. Chris Rosenberg, FDOT District 6 Work Program Administrator, seeks the Commission's concurrence on the 5 year work program for years 2018 -2022. Mr. Rosenberg presented a FDOT presentation explaining the 5 Year Work Program. Linda Johnson, FDOT District 6, addressed the Commission as a speaker. Public speaker Stuart Schaffer representing Sugarloaf Shores Property Owners Association addressed the Commission. Chris Rosenberg & Judith Clarke, Director of Engineering, responded to Stuart Schaffer comments addressing that issue. Commissioner Rice moved approval for the item, seconded by Commissioner Kolhage. Motion unanimously approved. PLANNING AND ENVIRONMENTAL, BUILDING AND CODE COMPLIANCE DEPARTMENTS Item H.5 Approval of an Interlocal Agreement (ILA) between Monroe County and City of Marathon transferring 34 low income Affordable Housing ROGO Allocations from Monroe County to the City of Marathon. This ILA is proposed by CB Schmitt Real Estate Company, Inc., Callianasa Corp., Key Vaca LLC, Driftwood LLC, and Twenty -Third Street LLC, requesting 34 affordable allocations in order to deed restrict 34 units which are currently market rate units. This is not a low income housing tax credit (LIHTC) project. Agenda Items H.5, H.6, H.7, H.8, H.9, and Q.2 were asked by the Commission to be called together. Mayte Santamaria, Senior Director of Planning and Environmental Resources set the stage. A Table was provided on the screen for the public as well as the Commission listing a summary of requests that were before the Commission. 12/14/2016 Page 8 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 Chuck Lindsey City Manager of the City of Marathon, Michelle Coldiron Vice - Mayor of the City of Marathon, George Garrettt City Planning Director of the City of Marathon, Robby Majeska, Jose Romero representing HTG Crystal Cove Resort, LLLP, Martin Flynn representing Keys Affordable Development III, LLC, Barbara Mitchell representing Seaward Properties LLC, Peter Rosasco representing Seaward Properties LLC, Bart Smith representing Rockland Operations, and Brian Schmitt addressed the Board as public speakers. Commissioner Carruthers moved approval for H.5, seconded by Commissioner Rice. A Roll-Call was taken by the Clerk with the following results: Commissioner Carruthers Yes Commissioner Kolhage No Commissioner Murphy No Commissioner Rice Yes Mayor Neugent Yes Motion Carried. After further discussion, Commissioner Rice motioned to reconsider item H.5 with an added condition, seconded by Commissioner Carruthers. Motion unanimously approved. A motion to approve H.5 with the added condition of sending 34 affordable allocations from the county's allocations to the city as spelled out in the ILA in the county. At least somewhere between 17 & 34 of those allocations, market rate that are harvested off the receiver site can only be used in unincorporated Monroe County and Mr. Schmitt, owner of those allocations, be directed to sell those allocations to individuals. Motion will include the transfer of market rate remain where they are located in the lower keys sub area and to be approve by a minor conditional use. Commissioner Rice moved approval, seconded by Commissioner Rice. Motion unanimously approved. 12/14/2016 Page 9 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 Item H.6 Approval of an Interlocal Agreement (ILA) between Monroe County and City of Marathon transferring 23 low income, 3 very low income, and 20 moderate income (46 total) Affordable Housing ROGO Allocations from Monroe County to the City of Marathon. This ILA is proposed by HTG Crystal Cove Resort, LLLP, for a project that proposes developing 46 new affordable housing units and is applying for state low income housing tax credits (LIHTC). Commissioner Carruthers moved approval for H.6, seconded by Commissioner Murphy. A Roll-Call was taken by the Clerk with the following results: Commissioner Carruthers Yes Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Rice Yes Mayor Neugent Yes Motion Carried /ILA Approved. Item H.7 Approval of an Interlocal Agreement (ILA) between Monroe County and City of Marathon transferring 52 low income and 3 very low income (55 total) Affordable Housing ROGO Allocations from Monroe County to the City of Marathon. This ILA is proposed by Keys Affordable Development III, LLC, for a project that proposes developing 55 new affordable housing units and is applying for state low income housing tax credits (LIHTC). Commissioner Carruthers moved approval for H.7, seconded by Commissioner Rice. Motion unanimously approved (ILA Approved). 12/14/2016 Page 10 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 Item H.8 Approval of an Interlocal Agreement (ILA) between Monroe County and City of Marathon transferring 53 Affordable Housing ROGO Allocations from Monroe County to the City of Marathon. Unit breakdown by income levels is expected to be: 8 Very Low; 8 Low; 33 Median; and 4 Moderate. This ILA is proposed by Seaward Properties Redevelopment. This is not a low income housing tax credit (LIHTC) project. Commissioner Rice moved approval for H.8, seconded by Mayor Neugent. A Roll-Call was taken by the Clerk with the following results: Commissioner Carruthers No Commissioner Kolhage No Commissioner Murphy No Commissioner Rice Yes Mayor Neugent Yes Motion Failed. Mayor Neugent made an Appeal for reconsideration on H.8. Item H.9 Approval of an Interlocal Agreement (ILA) between Monroe County and City of Marathon transferring 30 Affordable Housing ROGO Allocations from Monroe County to the City of Marathon. This ILA is proposed by the City of Marathon (104th Street). Unit breakdown by income levels is expected to be: 2 Very Low; 24 Low and 4 Moderate. This is not a low income housing tax credit (LIHTC) project. Commissioner Rice moved approval for H.9 as drafted, seconded by Mayor Neugent. A Roll-Call was taken by the Clerk with the following results: Commissioner Carruthers No Commissioner Kolhage No Commissioner Murphy No Commissioner Rice Yes Mayor Neugent Yes Motion Failed. 12/14/2016 Page 11 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 CLOSED SESSION Item L 1 An Attorney- Client Closed Session in the matter of Monroe County v. Zamindari Investments, Inc., et al., Case No. 14- CA- 165 -M. Closed Session held; script read into the record. Mayor Neugent declared the closed meeting ended and returned to the open session. COMMISSIONERS' ITEMS Item K4 Approval of fourth amendment to the employment agreement of Carol Schreck as Executive Assistant to Commissioner Carruthers, to increase her salary and amend Exhibit A, job description. During the reading of the Bulk Approvals by Commissioner Sylvia Murphy, Commissioner Carruthers withdrew this item from the BOCC 12/14/16 meeting agenda. RESULT: WITHDRAWN COUNTY ADMINISTRATOR Item M.I County Administrator's Monthly Report. Item M.2 Discussion and approval of the 2017 Appointments of Commissioners to various duties. Board tabled this item to the BOCC 1/18/2017 meeting. No formal motion was made; however, direction was given by Mayor Neugent at the request of Commissioner Carruthers, with no objection. RESULT: TABLED [UNANIMOUS] Agenda Item M.2 Next: 1/18/2017 9:00 AM MOVER: George Neugent, Mayor /Commissioner District 2 SECONDER: Heather Carruthers, Commissioner District 3 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice Item M.6 Part 2 (of 3) of the review and discussion of the draft Final Report of the tidal flooding roads demonstration projects. This item was scheduled for a time approximate of 2:00 P.M. Rhonda Haag, Sustainability Coordinator, set the stage. No vote today, just general information. Erin Deady, PA., presented a presentation with a recap of alternatives; legal framework and what we are working on in terms of a policy response. 12/14/2016 Page 12 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 Item M.9 Approval of five (5) year Interlocal Agreement with Key Largo Fire and EMS District, starting on 10/1/2016 and running through 9/30/2021, whereby the County will reimburse $150,000 per year ($750,000 total) for the purchase and installation of fire hydrants from infrastructure surtax funds. This item was scheduled for an 11:00 AM Time Approximate. Dotti Moses representing Island of Key Largo Federation of Homeowners Association and Commissioner Bob Thomas representing Key Largo Fire & EMS District Rescue addressed the Board as public speakers. After discussion, Commissioner Rice moved approval, seconded by Commissioner Carruthers. Motion unanimously approved. COUNTY ATTORNEY Item N.1 County Attorney Report for December 2016. County Attorney Bob Shillinger referred the Board to his written reports. Mr. Shillinger referred the Board to his recent email to them advising the Board of a notice received from the Nuclear Regulatory Commission advising they are accepting comment and input from the County regarding Turkey Point and seeking the Board's authorization for staff to develop and submit a response on behalf of the County. Mayor Neugent granted authorization to the County Attorney and, without objection, authorization was granted 4 -0; Commissioner Carruthers was not present. Item N.2 Request to hold an Attorney -Client Closed Session in the matter of Monroe County v. Keith M. Munt, Case No. 16 -CA -330 -K at the January 18, 2017 BOCC meeting in Marathon, FL at 1:30 p.m. or as soon thereafter as may be heard. County Attorney Bob Shillinger read the script into the record requesting a Closed Session in the matter of Monroe County v. Keith M. Munt, Case No. 16 -CA -330 -K at the January 18, 2017 BOCC meeting in Marathon, FL at 1:30 P.M. A motion was made by Commissioner Rice to approve the request and seconded by Commissioner Murphy. Hearing no objection, the motion as approved 4 -0 with no objection and Commissioner Carruthers not present. RESULT: APPROVED [UNANIMOUS] Agenda Item N.2 MOVER: David Rice, Mayor Pro Tem/Commissioner District 4 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice Item N.3 Discussion and direction regarding whether County should consider regulating vehicles for hire including traditional taxis, Uber, Lyft, and other similar entities. County Attorney Bob Shillinger provided the Board with a brief history on this item. Don Kelley, a taxi driver in Islamorada, then addressed the Board regarding the critical financial 12/14/2016 Page 13 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 impact of Uber drivers on taxi drivers in Monroe County. He explained that Uber drivers are operating as a "vehicle for hire" but are not required to register as a business /obtain a taxi license, pay business taxes, carry commercial insurance coverage nor operate within restricted boundaries as required of taxi drivers, putting taxi drivers at an extreme disadvantage. The County Attorney clarified that the County does have jurisdiction in Islamorada, Village of Island but does have county -wide authority to regulate taxi's, i.e. set rates, limits, etc. but currently does not do so with the exception of Key West International Airport (KWIA) which requires a taxi to have a City taxi license in order to operate at KWIA. Direction was given by Mayor Neugent to the County Attorney to work with the Tax Collector to solve the immediate need in confirming that Uber, Lyft drivers and other similar entities are properly registering and paying business taxes and bring his findings back to the Board in January. The Mayor's motion was approved 4 -0 without objection; Commissioner Carruthers was not present. Item NA Approval of a resolution granting authority to terminate outstanding contracts between the Upper Keys Health Care Taxing District and third parties, and disposing of unused surplus office equipment. This item was deleted from the BOCC 12/14/16 agenda as it was heard and adopted at the BOCC 11/22/16 meeting (Add On Item V -1). The Deletion was noted on the BOCC 12/14/16 Revised Agenda. RESULT: WITHDRAWN Item N.5 Discussion and direction on whether to revise our County policy as to park fees and insurance requirements for use of public facilities. County Attorney Bob Shillinger addressed the Board. After a brief discussion, a motion was made by Commissioner Rice directing staff to revise our County policy regarding park fees and insurance requirements for use of public facilities to make it more "friendly" for individuals, families, etc. The motion was seconded by Commissioner Murphy and approved 4 -0 without objection and Commissioner Carruthers not present. RESULT: APPROVED [4 TO 0] Agenda Item N.5 MOVER: David Rice, Mayor Pro Tem/Commissioner District 4 SECONDER: Sylvia Murphy, Commissioner District 5 AYES: Neugent, Kolhage, Murphy, Rice NOT PRESENT: Carruthers 12/14/2016 Page 14 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 PUBLIC HEARINGS Item 0.1 A public hearing to consider an ordinance abolishing the Upper Keys Health Care Taxing District (Trauma District). Commissioner Murphy moved for approval, seconded by Commissioner Rice. Motion unanimously approved. RESULT: APPROVED [UNANIMOUS] Agenda Item 0.1 Ordinance #031 -2016 MOVER: Sylvia Murphy, Commissioner District 5 SECONDER: David Rice, Mayor Pro Tem/Commissioner District 4 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice ORDINANCE #031 -2016 IS INCORPORATED HEREIN BY REFERENCE Item 0.2 A public hearing to consider adoption of an ordinance that would make it a civil infraction to possess five grams or less of marijuana and related drug paraphernalia. A motion was made by Commissioner Carruthers to approve the ordinance with the amendment from 5 grams to 20 grams. The motion was seconded by Commissioner Rice and approved unanimously. RESULT: APPROVED [UNANIMOUS] Agenda 0.2 Ordinance #032 -2016 MOVER: Heather Carruthers, Commissioner District 3 SECONDER: David Rice, Mayor Pro Tem/Commissioner District 4 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice ORDINANCE #032 -2016 IS INCORPORATED HEREIN BY REFERENCE Item 0.3 Approval of a resolution renewing the intent to use the uniform method to collect non -ad valorem special assessments toward the cost of providing wastewater utility services to properties on Stock Island, Key Haven, Big Coppitt Lower Sugarloaf through Big Pine Key, No Name Key, Long Key, Duck Key excluding Indies Island, and three parcels on Boca Chica. Commissioner Rice moved to approve the ordinance and seconded by Commissioner Carruthers. Motion unanimously approved. RESULT: APPROVED [UNANIMOUS] Agenda Item 0.3 Resolution #321 -2016 MOVER: David Rice, Mayor Pro Tem/Commissioner District 4 SECONDER: Heather Carruthers, Commissioner District 3 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice RESOLUTION #321 -2016 IS INCORPORATED HEREIN BY REFERENCE 12/14/2016 Page 15 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 Item 0.4 A public hearing to consider approval of a resolution of Monroe County, Florida electing to use the uniform method of collecting non -ad valorem special assessments levied within the County toward the cost of providing Operations and Maintenance costs for canal restoration demonstration projects on Big Pine Key, Geiger Key and Key Largo; stating a need for such levy; providing for the mailing of this resolution; and providing for an effective date. Sustainability Coordinator Rhonda Haag addressed the Board to place on record that the Proof of Publication from the Keynoter was received and to be made a part of the agenda backup for this item, specifically Exhibit A. to the Resolution, along with the Proof of Publications from the Key West Citizen and the Reporter to document compliance with statutory publication requirements. Commissioner Murphy moved to approve the resolution which was seconded by Commissioner Kolhage. Motion unanimously approved. RESULT: APPROVED [UNANIMOUS] Agenda Item 0.4 Resolution #322 -2016 MOVER: Sylvia Murphy, Commissioner District 5 SECONDER: Heather Carruthers, Commissioner District 3 AYES: Carruthers, Neugent, Kolhage, Murphy, Rice RESOLUTION #322 -2016 IS INCORPORATED HEREIN BY REFERENCE SOUNDING BOARD Item P.1 Request to speak to the County Commissioners regarding increased efforts to address litter, trash, and debris - Dottie Moses. Richard Barreto representing Tavernier Community Association, Dotti Moses, and Bill Hunter representing SSPOA addressed the Board as public speakers. Kevin Wilson, Assistant County Administrator, addressed the Board to answer the board's questions. ADD ONS Item Q.1 Approval of an Amendment to Agreement with Key West Women's Club, Inc for the Hellings House Phase I Repair and Restoration Project to extend the completion date of the project to December 30, 2016 and to revise Exhibit A - outlining Scope of Service. This item was held from Bulk Approvals by Commissioner Murphy. When the item was called, staff confirmed the cost was to be paid by the Tourist Development Council funds. Commissioner Murphy then moved to approve the item which was seconded by Commissioner Rice and approved 4 -0 without objection; Commissioner Carruthers was not present. 12/14/2016 Page 16 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 RESULT: APPROVED [4 TO 0] Agenda item Q.l MOVER: Sylvia Murphy, Commissioner District 5 SECONDER: David Rice, Mayor Pro Tem/Commissioner District 4 AYES: Neugent, Kolhage, Murphy, Rice NOT PRESENT: Carruthers Item Q.2 Approval of a Resolution reserving ninety -six (96) affordable housing dwelling unit allocations consisting of Forty-Four (44) Low income, Twenty (20) Median income and Thirty -Two (32) Moderate Income for one (1) year for use by Rockland Operations at property located at approximate mile marker 9, described as a parcel of land in Section 21, Township 67 South, Range 26 East, Big Coppitt Key, Monroe County, Florida, having Real Estate Number 00120940 - 000100. The applicant is requesting the reservation to apply for state low income housing tax credits (LIHTC). Agenda Items H.5, H.6, H.7, H.8, H.9, and Q.2 were asked by the Commission to be called together. Mayte Santamaria, Senior Director of Planning and Environmental Resources set the stage. A Table was provided on the screen for the public as well as the Commission listing a summary of requests that were before the Commission. Chuck Lindsey City Manager of the City of Marathon, Michelle Coldiron Vice - Mayor of the City of Marathon, George Garrettt City Planning Director of the City of Marathon, Robby Majeska, Jose Romero representing HTG Crystal Cove Resort, LLLP, Martin Flynn representing Keys Affordable Development III, LLC, Barbara Mitchell representing Seaward Properties LLC, Peter Rosasco representing Seaward Properties LLC, Bart Smith representing Rockland Operations, and Brian Schmitt addressed the Board as public speakers. Commissioner Carruthers moved approval for Q.2, seconded by Commissioner Murphy. Motion unanimously approved. RESOLUTION #323 -2016 IS INCORPORATED HEREIN BY REFERENCE 12/14/2016 Page 17 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 Item Q.3 Approval of a 6 -month Land lease agreement between Habitat for Humanity and Monroe County with an optional 6 -month extension on the property located at 30320 Overseas Hwy, Big Pine Key, FL 33043. This item was added to the BOCC 12/14/16 meeting agenda the day of the meeting as Add - On Item Q -3. Kevin Wilson, Assistant County Administrator, set the stage. Bill Hunter addressed the Board as a public speaker. Bob Shillinger, County Attorney, read the language drafted in the lease to the Commission striking paragraph 4 in its entirety regarding extension period. After discussion, motion to read as follows: 6 months lease starting on the day of January 19 to run for 6 months. Habitat for Humanity can keep their things on the property but not in the building. No discussion in the lease of possible extensions. Commissioner Murphy moved for approval, seconded by Commissioner Kolhage. Motion unanimously approved. 12/14/2016 Page 18 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2016 There being no further business, the meeting of the Board of County Commissioners was adjourned. Amy Heavilin, CPA, Clerk and ex- officio Clerk to the Board of County Commissioners Monroe County, Florida 12/14/2016 Page 19