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06/21/2017 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, June 21, 2017 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 Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Kevin Madok, Clerk of Court; Pamela Hancock, Deputy Clerk; county staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS A Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried unanimously. BULK APPROVALS Motion was made by Commissioner Carruthers and seconded by Commissioner Kolhage granting approval of the following items by unanimous consent: C1 Board granted approval of a Resolution rescinding Resolutions 100 -2014 and 182 -2015 and setting forth the revised bonus [financial incentive] program for Monroe County Fire Rescue Billing Contract Employees. This item was reconsidered and revised, later in the meeting, with Item G1. C2 Board granted approval to award the annual lump sum bonus to the Billing Supervisor in the amount of 10% of her unloaded base salary. This bonus is based upon an average collection rate of 53.45% for air and ground ambulance charges for the second year evaluation period from May 1, 2015 to April 30, 2016, as compared to the previous vendor's Baseline Collection Rate of 33.70 %. In accordance with the resolution authorizing this bonus, this is to be paid in the amount of one percent (1.0 %) of the employee's unloaded base salary, up to a maximum increase of ten percent (10 %) of the Baseline Collection Rate, which will translate to a maximum bonus of ten percent (10 %). C3 Board granted approval and authorized execution of 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. This item was reconsidered later in the meeting to approve adding Exhibit A which was not included in the agenda backup. C4 Board granted approval to purchase 50 desktop computers and 20 laptops from SHI International Corp. in the amount of $56,011.60 in accordance with the County's cooperative purchasing procedures. C5 Board granted approval to waive minor irregularities to award bid and authorized execution of a Contract with T.E.M. Environmental & Mechanical Services, Corp., for HVAC replacement at the Key West Library, for $267,500.00 funded from the one cent infrastructure sales surtax. 11Page 06/2 1/20 17 C6 Board granted approval and authorized execution of an Agreement with the State of Florida, Department of Environmental Protection, Division of Waste Management, for Small County Consolidated Solid Waste Grant. C8 Board granted approval to award surplus as described in attached Purchasing Department Recap of Bid Opening on April 27th, 2017 at 3:00 pm. County ID #s being awarded to the highest bidders: 1050, 1490, 5344, 5393, 5394, 5653, 5868, 1946, 4925, 0976/055, 2401/1008, 1135, 5368, 5418, 1705, 2133, 3813, 1699, 5363, 5367, 5417, 5473, 0903/970, 3506, 3511, 4190, 4295, 5420, 1649, 2111, 2114, 0972/037 & 3200/120 (said recap is incorporated herein by reference). C9 Board granted approval to advertise an RFQ for a FDOT Local Agency Program project for the Construction Engineering and Inspection (CEI) services for the Big Pine Water Observation Platform and Reynolds Street Pier improvements. The project is 100% grant funded with State and Federal funds. Grant amount for CEI is $80,000.00. C10 Board granted approval and authorized execution of a Task Order with RS &H, Inc. for Construction Engineering and Inspection (CEI) services for the Stock Island I Roadway and Drainage Improvements project. This task order is being awarded under the RS &H, Inc. contract for CEI services for the Monroe County Roadway and Drainage Improvement Program in the maximum not to exceed amount of $232,705.24. C12 Board granted approval and authorized execution of the seventh Amendment to Lease Agreement with Tropical Watersports. LLC., a water sports equipment rental vendor on Higgs Beach, to replace existing concession huts and storage box trailer in designated parking area with a 20' x 8' "Tiny House" style trailer licensed, registered, and in a road ready condition to be placed on existing concrete pad. C13 Board granted approval and authorized execution of a 3 (three) year renewal with Minnesota Life for Group Term Life /Accidental Death and Dismemberment (AD &D) and Supplemental Life effective October 1, 2017 - September 30, 2020 with a 10% increase in the premium for life insurance from$.365 /$1000.00 to $.40/$1000.00 (estimated annual cost is $152,524.00) plus estimated AD &D of $6000, for a grand total per year of $158,524. No increase to AD &D or Supplemental Life premiums have been made in this renewal. C 14 Board granted approval and authorized execution of a Task Order with T.Y. Lin International/H.J. Ross, for Construction Engineering and Inspection (CEI) Services for the Garrison Bight Bridge Repairs Project. This Task Order is being awarded in accordance with the Continuing Contract for On Call Professional Engineering Services in the maximum not to exceed amount of $263,328.00. C15 Board granted approval to award bid and authorized execution of a Contract with Southern Road & Bridge, LLC. for construction of Garrison Bight Bridge Repair Project in the amount of $1,392,483.60. C16 Board granted approval to award bid and authorized execution of a Contract for $105,074.00 with Pedro Falcon Contractors, Inc. for the construction of a new equipment and maintenance building at Harry Harris Park. Project is being paid from one cent infrastructure sales surtax. C17 Board granted approval to advertise a Public Hearing on changes to Ordinance 18- 27(1)(1) to allow dogs at the Palm Villa Park and amend the pet regulations as directed by the BOCC on February 15, 2017. 21Page 06/2 1/20 17 C18 Board granted approved to advertise a Request for Proposal (RFP) for exterior repairs and painting of the Marathon Government Center. Funded by the one -cent infrastructure tax. C 19 Board granted approval and authorized execution of Amendment l to Agreement for Construction Engineering and Inspection (CEI) Services for the Card Sound Bridge Repair Project reflecting corporate name change from Parsons Brinkerhoff, Inc. to WSP USA Inc. C20 Board granted approval to award bid and authorized execution of a Contract with Keys Security Inc. for an amount not to exceed $60,000.00 per year at the rate of $17.00 per hour for Security Patrols and Services in the Duck Key Security District. C22 Board granted approval to rescind and replace the S &ME, Inc. contract approved as BOCC May 17, 2017 agenda item C39 with a corrected S &ME contract for professional services on the Rowell's Waterfront Park project. The contract now contains all required attachments and information. C23 Board granted approval of the ratification of prior BOCC approval of the amended GTR Resolution for the Key West International Airport (item C -15 approved on 5/17/2017) to now include Exhibit A, which was previously not included. C24 Board granted approval and authorized execution of the Fourth Amendment to Contract for Higgs Beach road relocation project with T.Y. Lin International for the professional services required to complete the federal conversion process resulting from the award of a previous LWCF grant and for additional landscape services to provide a landscape buffer and incorporate the recommendations from the arborist report. This amendment results in an increase of $86,185.00 to the contract and is funded by the one -cent infrastructure tax. C25 Board granted approval and authorized execution of the Second Amended and Restated Agreement with Aramark Uniform Services, a division of Aramark Uniform & Career Apparel, LLC. The original Agreement dated November 22, 2016, as amended and restated on January 18, 2017, is for Uniform Services for various County Departments. This Agreement corrects errors in the Original Agreement as to the contractor's name and address, adds three delivery locations for Solid Waste Management, adds an item number for women's cargo shorts with payment amount, and adds a remittance address. C26 Board granted approval and authorized execution of the 9th Amendment to the Contract dated 04 -18 -2007 with Human Animal Care Coalition, Inc. (HACC) for operation of the Key Largo Animal Shelter for 2.1% CPI -U adjustment effective July 1, 2017, and an update to the public records language. The agreement amount will increase to $291,790.32/yr. or $24,315.86/mo. and is funded through ad- valorem taxes. C27 Board granted approval to award bid and authorized execution of a Contract with Air Mechanical and Service Corp. for HVAC system upgrades at the Marathon Government Center for $87,200.00, paid from the one -cent infrastructure sales surtax. C28 Board granted approval of and authorized execution of the third amendment to the Maintenance Agreement with Black Fire Protection, Inc. for "Full Maintenance — Fire Protection Systems" to provide an address change to the notice requirement and revise the non- discrimination language in the original agreement to reflect current statutory requirements. 31Page 06/2 1/20 17 C29 Board granted approval of the receipt of monthly Change Orders for the month of May reviewed by the County Administrator /Assistant Administrator. Said list is incorporated herein by reference. C31 Board granted approval to advertise and hold a Public Hearing to consider installation of a gate on Old State Road 939, Lower Sugarloaf to restrict access to state property within the Florida Keys Wildlife & Environmental Area in accordance with Monroe County Code Section 19 -8. C32 Board adopted the following Resolutions for the Transfer of Funds and for the Receipt of Unanticipated Revenue: Receipt of Unanticipated Funds (OMB Schedule Item No. 1). RESOLUTION NO. 142-2017 Said Resolution is incorporated herein by reference. Amending Resolution No. 089 -2017 (OMB Schedule Item No. 2). RESOLUTION NO. 143 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 3). RESOLUTION NO. 144 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 145-2017 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO. 146 -2017 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 6). RESOLUTION NO. 147 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 148 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 149 -2017 Said Resolution is incorporated herein by reference. C33 Board granted approval to ratify prior BOCC approval of a Lease Agreement with AVIATION SECURITY MANAGEMENT, LLC (A -S Mgmt.) for office and storage space at the Key West International Airport (Item C -12 approved on 5/17/2017), to now include Exhibit B, which was previously not included. A -S Mgmt. replaces VMD -MT Security as the TSA passenger and baggage screening contractor at the Key West International Airport effective July 1, 2017. C34 Board validated prior BOCC approval on May 17, 2017, (agenda item 4Q6), of the Contract with Pedro Falcon Electrical Contractors, Inc. for demolition of old and installation of new transfer 41Page 06/2 1/20 17 station offices, which now includes the name and address for notice to the contractor that was mistakenly omitted in paragraph 7.7 of the Contract. C35 Board granted approval and authorized execution of a Contract with Marathon Electric Sign & Light, Inc., for construction of the Murray E. Nelson Center Marquee. The contract amount is $46,190.00 funded in full by a TDC grant. TOURIST DEVELOPMENT COUNCIL DI Board granted approval and authorized execution of an Amendment to Agreement with Keys Association of Dive Operators, Inc. (Dive Umbrella) to exercise option to extend agreement for an additional two (2) years. D2 Board granted approval and authorized execution of an Amendment to Agreement with City of Marathon for the Coco Plum Shoreline Restoration project to extend the completion date of the project to March 31, 2018. D3 Board granted approval to rescind Fishing Event Funding Agreement with Third Generation Charters, Inc. for the Florida Keys Dolphin Tournament due to Event Contractor Cancelling the event. PLANNING & ENVIRONMENTAL, BULDING & CODE COMPLIANCE DEPARTMENTS H3 Board granted approval to appoint Ms. Venetia A. Flowers, (lay person) to one three year term to the Contractors Examining Board (CEB) beginning June 23, 2017 and ending June 22, 2020. This will be Ms. Flowers first term, replacing Ms. Peggy Bankester. H4 Board granted approval to appoint Ms. Mamie Walterson, (lay person) to one three year term to the Contractors Examining Board (CEB) beginning June 23, 2017 and ending June 22, 2020. This will be Ms. Walterson's first term, filling a vacant lay person position. H6 Board adopted the following Resolution authorizing the County Administrator to approve work task orders that will be issued to one or more marine contractors already selected through a Request for Qualification process, in excess of $50,000.00 (up to $100,500.00) under a newly developed Florida Fish and Wildlife Conservation Commission (FWC) grant funded Vessel Turn-In Program (VTIP). RESOLUTION NO. 150 -2017 Said Resolution is incorporated herein by reference. H9 Board granted approval to advertise a Public Hearing to adopt an Ordinance amending Chapter 26 of the Monroe County Code of Ordinances, deleting references to the Pilot Program for Anchoring and Mooring which expires July 1, 2017, and adding language requiring proof of pump -out Keys -wide. H12 Board adopted the following Resolution correcting a scrivener's error in the legal description of a right -of -way abandonment Resolution No 117 -2017 of Hibiscus Street, between Lots 19 and 22, Block 36 of Ocean Acres Subdivision, Key Largo. RESOLUTION NO. 151 -2017 Said Resolution is incorporated herein by reference. 51Page 06/2 1/20 17 SHERIFF'S OFFICE J1 Board granted approval and authorized execution of a Memorandum of Understanding (MOU) between the Monroe County Sheriffs Office and Monroe County Board of County Commissioners to apply for reimbursement of funds from the Urban Area Security Initiative (UASI) FY 2016 Grant / Homeland Security Office of Domestic Preparedness with the City of Miami - Memorandum of Agreement Number 17- DS- V9- 11 -23 -02 -346, by which the City of Miami sub - granted $95,691.41, of which $47,845.71 was to be given to Monroe County Sheriff s Office for the purchase of equipment approved by the granting agency as well as other items. COMMISSIONERS' ITEMS K1 Board granted approval of Commissioner Kolhage's appointment of Jerry Lieberman to the Climate Change Advisory Committee, replacing Matt Anderson who resigned June 1, 2016. COUNTY CLERK L1 Board granted approval to correct the meeting date in the minutes from the January 19, 2012 regular meeting of the Monroe County Board of County Commissioners. L2 Board granted official approval of the Board of County Commissioners minutes from the regular meeting of April 12, 2017 (previously distributed). L3 Approval of BOCC Warrants (including payroll) for the months of May 2017, 10029708- 10023269- 10024576 (AP); 50002869 - 50002980 (PR Check); 3080373 - 3081440 (PR Voucher); 22118- 22207 (WC), as follows: 001 General Fund, in the amount of $2,763,141.40; 101 Fine & Forfeiture Fund, in the amount of $21,171,091.66; 102 Road & Bridge Fund, in the amount of $228,615.36; 115 TDC District Two Penny, in the amount of $495,613.85; 116 TDC Admin & Promo 2 Cent, in the amount of $1,015,793.60; 117 TDC District 1,3 Cent, in the amount of $885,706.97; 118 TDC District 2,3 Cent, in the amount of $94,691.82; 119 TDC District 3,3 Cent, in the amount of $224,637.73; 120 TDC District 4,3 Cent, in the amount of $160,623.38; 121 TDC District 5,3 Cent, in the amount of $235,322.09; 125 Gov Fund Type Grants, in the amount of $560,679.52; 141 Fire & Amb Dist 1 L &M Keys, in the amount of $651,369.70; 144 Fire /Ambulance, in the amount of $362.17; 147 Uninc Svc Dist Parks &Rec, in the amount of $120,424.17; 148 Plan, Build, Zoning, in the amount of $428,409.30; 149 Municipal Policing, in the amount of $544,809.83; 150 911 Enhancement Fee, in the amount of $36,633.75; 152 Duck Key Security Dist, in the amount of $14,338.37; 153 Local Housing Assistance, in the amount of $54,343.61; 157 Boating Improvement Fund, in the amount of $92,641.25; 158 Misc Special Revenue Fund, in the amount of $29,497.38; 160 Environmental Restoration, in the amount of $48259.00; 162 Law Enforcement Trust Fund 162, in the amount of $7,000.00; 163 Court Facilities, in the amount of $10,008.26; 164 Drug Abuse Trust Fund, in the amount of $6,755.50; 171 Stock Island Wastewater, in the amount of $2,079.38; 175 Long Key Wastewater, in the amount of $543.14; 180 Building Fund, in the amount of $280,396.64; 304 1 Cent Infra Surtax, in the amount of $797,904.76; 308 Infrastructure Sales Tax Revenue Bond, in the amount of $12,576.00; 310 Big Coppitt Wastewater, in the amount of $63.51; 311 Duck Key Wastewater, in the amount of $63.51; 312 Cudjoe Regional WW Proj, in the amount of $4,267.63; 314 Series 2014 Revenue Bonds, in the amount of $944,128.31; 316 Land Acquisition, in the amount of $7,875.00; 401 Card Sound Bridge, in the amount of $409,731.00; 403 Marathon Airport, in the amount of $368,075.62; 404 Key West Intl Airport, in the amount of $824,834.84; 414 MSD Solis Waste, in the amount of $1,387,805.74; 501 Worker's Compensation, in the amount of $87,723.08; 502 Group Insurance Fund, in the amount of $1,360,598.83; 503 Risk Management Fund, in the amount of $1,147,228.87; 504 Fleet Management Fund, in the amount of $164,234.56; 610 Fire /EMS LOSAP Trust Fund, in the amount of $2,550.00. 61 06/21/2017 L4 Board granted approval of FKAA invoices for the Fiscal Year (to include salaries) relating to the Cudjoe Regional Wastewater System Project. The invoices under $50,000.00 are being provided for information only. Said invoices are incorporated herein by reference. L5 Board granted approval of FKAA Invoices $50,000.00 or over for the Fiscal Year (to include salaries), relating to the Cudjoe Regional Wastewater System Project. Said invoices are incorporated herein by reference. L6 Approval of Tourist Development Council expenses for the month of May 2017, as follows: Advertising, in the amount of $2,152,216.87; Bricks & Mortar Projects, in the amount of $205,970.85; Events, in the amount of $218,449.29; Office Supplies & Operating Costs, in the amount of $21,294.47; Public Relations, in the amount of $89,124.09; Sales & Marketing, in the amount of $94,600.72; Telephone & Utilities, in the amount of $4,797.66; Travel, in the amount of $33,183.10; Visitor Information Services, in the amount of $79,509.36. .K111JOI I1 %1 1]►I I1► 1�. _Y_ 7:r r/17 M2 Board granted approval to negotiate a Contract with Michael Baker International, Inc., the highest ranked respondent, for professional mobile LiDAR elevation mapping services for County roads and facilities. If successful negotiations cannot be reached, approval to negotiate a contract with the next highest ranked respondent until successful negotiations are reached. M3 Board granted confirmation of the County Administrator and Assistant County Administrator's appointment of Bryan Cook to the position of Department Head, Employee Services. M5 Board granted approval and authorized execution of an Agreement with Statewide Guardian Ad Litem Office for Reimbursement of Child Advocate Manager services to provide funding for Child Advocate Manager position, for time period July 1, 2017 through June 30, 2018 (State FY 2017- 2018). COUNTY ATTORNEY N3 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. N4 Board granted approval of a settlement agreement in Jose Santiago v. Monroe County, Case No. 13- CA- 1113 -K and to authorize the County's outside counsel to execute the Stipulation for Dismissal with Prejudice. N5 Board granted approval and authorized execution of the Unity of Title which consolidates Monroe County's Lot 19 parcel and a portion of the right -of -way (ROW) Hibiscus St. into a single lot with one legal description. This is the County owned properties to be used for the public works facility in Key Largo. N6 Board granted approval and authorized execution of the First Amendment to Professional Services Agreement between Monroe County and the law firm of Allen Norton & Blue, P.A., which provides outside counsel representation to the County in labor and employment law matters. 71Page 06/2 1/20 17 N8 Board granted approval of the minutes of a public meeting held on May 16, 2017 between Mayor Neugent, Mayor Pro Tem Rice, and others to discuss transportation issues with Miami -Dade County officials. N9 Board granted approval to accept the proposal for renewal of airport liability Insurance from ACE Property and Casualty Ins. Co. through Arthur J. Gallagher & Co. with an annual premium of $33,555.00, and for the Risk Administrator to sign all necessary forms. N10 Board adopted the following Resolution rescinding the Final Assessment Resolution adopted on May 17, 2017 for collection of special assessments for the South Stock Island Wastewater Assessment Program Phase 2 (Resolution No. 137- 2017); also, authorization for staff to bring the Final Assessment Resolution back for approval at a public hearing on a later date to be determined by staff, and to advertise the public hearing in local newspapers and issue notice to affected property owners by first class mail as required by F.S. 197.3632. RESOLUTION NO. 152 -2017 Said Resolution is incorporated herein by reference. N11 Board granted approval and authorized execution of the First Amended and Restated Professional Services Contract with Adele V. Stones, P.A. EMERGENCY MANAGEMENT P1 Board granted approval for staff to apply for a Department of Homeland Security Port Security Grant in the amount of $200,000.00, with cost sharing of 75% Federal ($150,000.00) and 25% Local ($50,000.00), to purchase satellite emergency communications equipment to provide and enhance interoperability communications capability to protect residents and visitors of Monroe County, and for County Administrator to accept and execute agreement if awarded. PROJECT MANAGEMENT P2 Board granted approval to advertise an RFQ for Construction Manager at Risk (CMAR) Services for the Plantation Key Judicial Courthouse and Detention Facility program. P3 Board granted approval to advertise a Request for Proposals (RFP) for demolition of the Habitat for Humanity building in Big Pine Key. Demolition costs are funded by Facility Maintenance General Fund. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS C7 Judith Clarke, Director of Engineering /Roads & Bridges, addressed the Board concerning approval to award bid and approve a Contract with General Asphalt Company, Inc. for construction of the Key Largo I Roadway and Drainage Improvements Project in the amount of $2,045,052.33. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. C 11 Ms. Clarke addressed the Board concerning approval to award bid and approve a Contract with Charley Toppino and Sons, Inc. for construction of Stock Island 1 Roadway and Drainage Improvements project in the amount of $3,953,134.47. After discussion, motion was made by 81Page 06/2 1/20 17 Commissioner Murphy and seconded by Commissioner Carruthers granting approval of the item. Motion carried unanimously. Christine Hurley, Assistant County Administrator, introduced Brian Cook, who was just confirmed as the new Employee Services Director. C30 Kevin Wilson, Assistant County Administrator, addressed the Board concerning approval of a Contract for Disaster Response and Recovery Services with AshBritt, Inc., who was the highest ranked respondent to the Request for Proposals (RFP). After discussion, motion was made by Mayor Neugent and seconded by Commissioner Rice granting approval item. Motion carried unanimously. C36 Commissioner Rice announced that, due to a conflict, he would have to abstain from voting on 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 7/1/2017 to 6/30/2018. This is a non - monetary partnership /collaboration contract required by the State of Florida Commission for the Transportation Disadvantaged. Motion was made by Commissioner Carruthers and seconded by Commissioner Murphy granting approval and authorizing execution of the item. Roll call vote carried unanimously, with Commissioner Rice abstaining. C21 Thomas Henderson, Assistant Director of Airports, addressed the Board concerning approval to negotiate fees pursuant to the Consultants Competitive Negotiation Act with Volaire Aviation, Inc., the top ranked respondent to the Request for Qualifications for Air Service Development Consultant Services for both Monroe County Airports. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. The Board of County Commissioner's meeting adjourned for the Fire & Ambulance District 1 Board of Governors meeting. FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The Board of Governors for the Fire & Ambulance District 1 convened. Present and answering to roll call were Commissioner Danny Kolhage, Commissioner David Rice, and Mayor George Neugent. Absent were Councilman Bruce Halle, Councilwoman Katie Scott and Mayor Norman Anderson (alternate). G1 Motion was made by Commissioner Kolhage and seconded by Commissioner Rice granting approval of a Resolution rescinding Resolution 114 -2014 and setting forth the revised bonus [financial incentive] program for Monroe County Fire Rescue Billing Contract Employees. Motion carried unanimously, with Councilman Bruce Halle, Councilwoman Katie Scott and Mayor Norman Anderson (alternate) not present. Pedro Mercado, Assistant County Attorney; and, Bob Shillinger, County Attorney, addressed the Board. This item was reconsidered and revised, later in the meeting, with Item C 1. Motion was made by Commissioner Kolhage and seconded by Commissioner Rice granting approval of the following two items: G2 Approval to award the annual lump sum bonus to the Billing Supervisor in the amount of 10% of her unloaded base salary. This bonus is based upon an average collection rate of 53.45% for 91 06/2 1/20 17 air and ground ambulance charges for the second year evaluation period from May 1, 2015 to April 30, 2016, as compared to the previous vendor's Baseline Collection Rate of 33.70 %. In accordance with the resolution authorizing this bonus, this is to be paid in the amount of one percent (1.0 %) of the employee's unloaded base salary, up to a maximum increase of ten percent (10 %) of the Baseline Collection Rate, which will translate to a maximum bonus of ten percent (10 %). G3 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. This item was reconsidered later in the meeting to approve adding Exhibit A which was not included in the agenda backup. Motion carried unanimously, with Councilman Bruce Halle, Councilwoman Katie Scott and Mayor Norman Anderson (alternate) not present. There being no further business, the meeting of the Fire & Ambulance District 1 Board of Governors was adjourned. The Board of County Commissioner meeting reconvened with all Commissioners present. PLANNING & ENVIRONMENTAL, BUILDING & CODE COMPLIANCE DEPARTMENTS H1 Rich Jones, Sr. Administrator, Marine Resources; and, Bob Shillinger, County Attorney, addressed the Board concerning direction of an Ordinance amending Part 1 of the Code of Ordinances, establishing a boating restricted area providing for Slow Speed- Minimum Wake In Canals, in accordance of Florida Statute Section 327.46, and specific criteria to be included in the ordinance. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval of the following, in the criteria table, to be included in the Ordinance: 1- Geographic Scope, all keys areas; 2- Posting of Markers /Signage, all public boat ramps (20); and, 3- Include canals based on adjacent development, regardless of development. Motion carried unanimously. Christine Hurley, Assistant County Administrator, addressed the Board concerning the following three items. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following three Resolutions (Items H5, H7 & H8): H5 Approval of a Resolution of the Monroe County Board of County Commissioners, amending Resolution No. 493 -1992, specifically the Fee Schedule of Library Facilities Impact Fees to be imposed on new residential development pursuant to Chapter 126 Impact Fees of the Monroe County Land Development Code, amending all fees in the Fee Schedule to Zero Dollars; and providing for an effective date. RESOLUTION NO. 153 -2017 Said Resolution is incorporated herein by reference. H7 Approval of a Resolution of the Monroe County Board of County Commissioners, amending Resolution No. 495 -1992, specifically the Fee Schedule of Sheriff Facilities Impact Fees to be imposed on new development pursuant to Chapter 126 Impact Fees of the Monroe County Land Development Code, amending all fees in the Fee Schedule to Zero Dollars; and Providing for an effective date. 101 Page 06/2 1/20 17 RESOLUTION NO. 154 -2017 Said Resolution is incorporated herein by reference. H8 Approval of a Resolution of the Board of County Commissioners, amending Resolution No. 496 -1992, specifically the Fee Schedule of Solid Waste / Recycling Facilities Impact Fees to be imposed on new development pursuant to Chapter 126 Impact Fees of the Monroe County Land Development Code, amending all fees in the Fee Schedule to Zero Dollars; and Providing for an effective date. RESOLUTION NO. 155 -2017 Said Resolution is incorporated herein by reference. Motion carried unanimously. H2 Mayte Santamaria, Sr. Director Planning & Environmental Resources; Bob Shillinger, County Attorney; Ginny Stones, Land Authority Attorney; and, Roman Gastesi, County Administrator, addressed the Board concerning direction on evaluating expiring affordable housing deed restrictions and the potential of buying back expiring deed restrictions in order to preserve affordable housing. Board directed staff to target the expiring affordable housing deed restrictions that are a longer distance away (10 years or more); look at providing a financial incentive to extend the deed restrictions; consider purchase of the units; and work on a legislative change to provide a tax break to the deed restricted units. After further discussion, the Board directed staff to review all the properties for a potential financial incentive program to extend the deed restriction, without a consideration of the time remaining on the restriction (even those units with a few years remaining). H10 Bob Shillinger, County Attorney, addressed the Board concerning the direction regarding development potential of former Big Pine Road Prison property (450 Key Deer Blvd, Real Estate number 00111650- 000000). The following individual addressed the Board: Deb Curlee, representing Last Stand. The Board took no official action. H11 Christine Hurley, Assistant County Administrator, addressed the Board concerning approval of a Resolution by the Monroe County Board of County Commissioners amending the Permitting Fee Schedule; adding a reduction of certain permit fees when the services of Private Provider are appointed to conduct plans review and/or inspections to be consistent with a new state law; and providing for an implementation date. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Carruthers to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 156 -2017 Said Resolution is incorporated herein by reference. COUNTY ATTORNEY P5 Bob Shillinger, County Attorney, addressed the Board regarding the disposition of County owned real property located at 19 Hazel Street, Key Largo, and approval to advertise an RFP. The following individual addressed the Board: Brandon Gardner, representing Ted Darnell. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Kolhage granting the authority to advertise an RFP. Motion carried unanimously. 111 Page 06/2 1/20 17 COUNTY ADMINISTRATOR M7 Lisa Tennyson, Director Legislative Affairs, gave a report on the 2017 State Legislative session outcomes and referred the Board to the agenda backup that included a tracking chart of the top priorities. (Said report is incorporated herein by reference). Representative Holly Raschien; Senator Anitere Flores; Frank Bernardino, representing Anfield Consulting; Robert Reyes, representing Capitol Group, Inc.; Dean Cannon, and representing Gray Robinson; addressed the Board concerning the legislative session. The Board recognized Mr. Reyes for his twenty years of service to Monroe County and presented him with a plaque. COMMISSIONERS' ITEMS K2 The following individuals addressed the Board: Michael Forester, representing Islamorada, Village of Islands (VOI); Deb Curlee, representing Last Stand; Deb Gillis, and Roget Bryan, VOI attorney, concerning approval of a Resolution in support of the exploration of a toll into the Florida Keys for non - residents to offset tourist impact, protection and improvement of water quality and to support infrastructure investment to mitigate against rising sea level. After discussion motion was made by Commissioner Rice and seconded by Commissioner Carruthers to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 157 -2017 Said Resolution is incorporated herein by reference. MISCELLANEOUS BULK APPROVAL Cl Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to reconsider Item CI approval of a Resolution rescinding Resolutions 100 -2014 and 182 -2015 and setting forth the revised bonus [financial incentive] program for Monroe County Fire Rescue Billing Contract Employees. Motion carried unanimously. Pedro Mercado, Assistant County Attorney, advised the Board of the following changes made to the Resolution: Section 8. The bonus amounts will be calculated one time annually, at the end of the Evaluation Period. The bonus amounts will not be added to the base salary and will not be used for computing average weekly wage for any other purpose, including but not limited to FRS, unemployment or workers' compensation. The bonus amounts will be paid to the eligible employees within 45 days of the closeout of the evaluation period. Section 11. If an employee who is eligible to receive a financial incentive award transfers out of or otherwise leaves the award eligible position prior to the end of the evaluation period the bonus awarded to such employee shall be prorated in proportion to the period employed within the evaluation period. In order to be eligible for the prorated portion of the bonus the employee must be in good standing with Monroe County as of the date the employee transfers, terminates or is terminated from employment. The final determination as to whether an employee is not eligible to receive the award shall be made by the Board of County Commissioners. 12 1 Page 06/2 1/20 17 After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Rice to adopt the following Resolution, as revised, rescinding Resolutions 100 -2014 and 182 -2015 and setting forth the revised bonus [financial incentive] program for Monroe County Fire Rescue Billing Contract Employees. Motion carried unanimously. RESOLUTION NO. 158 -2017 Said Resolution is incorporated herein by reference. The Board of County Commissioner's meeting adjourned for the Fire & Ambulance District 1 Board of Governors meeting. FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The Board of Governors for the Fire & Ambulance District 1 convened. Present and answering to roll call were Commissioner Danny Kolhage, Commissioner David Rice, and Mayor George Neugent. Absent were Councilman Bruce Halle, Councilwoman Katie Scott and Mayor Norman Anderson (alternate). G1 Pedro Mercado, Assistant County Attorney, addressed the Board concerning approval of a Resolution rescinding Resolution 114 -2014 and setting forth the revised bonus [financial incentive] program for Monroe County Fire Rescue Billing Contract Employees. Motion was made by Commissioner Rice and seconded by Commissioner Kolhage to adopt the following Resolution, as revised, with the changes outlined in Item CI L Motion carried unanimously, with Councilman Bruce Halle, Councilwoman Katie Scott and Mayor Norman Anderson (alternate) not present. RESOLUTION NO. 159 -2017 Said Resolution is incorporated herein by reference. There being no further business, the meeting of the Fire & Ambulance District 1 Board of Governors was adjourned. The Board of County Commissioner meeting reconvened with all Commissioners present. COUNTY ADMINISTRATOR M1 Roman Gastesi, County Administrator, directed the Board to the County Administrator's Monthly Report for June 2017. Motion was made by Commissioner Rice and seconded by Commissioner Murphy granting approval of the following two items: M4 Approval to simultaneously negotiate contracts with Allied Group, Inc. and Earth Tech Enterprises, Inc., the two ranked respondents from the RFP for Augmented Aeration Water Quality Improvement Projects for Canals #48, #59, #79, and #80 in Key Largo. The RFP was designed to allow multiple awards. 13 1 Page 06/2 1/20 17 M6 Approval of a $49,775.00 Task Order 44 for general project management services under the on -call contract with Amec Foster Wheeler, Inc. for Category A canal master planning services. No new funds are required, as unused funds remaining from a previous AMEC contract are being reallocated to fund this Task Order. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage No Commissioner Murphy Yes Commissioner Rice Yes Mayor Neugent Yes Motion carried. COUNTY ATTORNEY NI Bob Shillinger, County Attorney, directed the Board to the County Attorney Report for June 2017. N2 Mr. Shillinger addressed the Board concerning direction regarding revisions to the County Attorney and Risk Management ordinances and request for approval to advertise a public hearing. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Kolhage granting approval of the request to prepare a revised draft Ordinance for a Public Hearing. Motion carried unanimously. N7 Mr. Shillinger addressed the Board concerning direction regarding the passage of HB 1295 and the adoption of rules to permit public meetings by means of video conferencing and other types of technology. Board directed staff to draft rules that would govern the process for holding these types of meetings. BUDGET AND FINANCE P4 Roman Gastesi, County Administrator, referred the Board to the written report on Fiscal Year 2018 Draft Budget full -time employee requests and Fiscal Year 2017 added full -time employees, with revised backup. (Said report is incorporated herein by reference). The Board took no official action. MISCELLANEOUS BULK APPROVALS /BOARD OF GOVERNORS Bob Shillinger, County Attorney, requested that the Board recall Items C3 and G3, the companion items, between the Board of County Commissioners and the Board of Governor's to be sure that when the item was approved that the Boards intended to include the job description that was inadvertently omitted from the backup material as Exhibit A. Motion was made by Commissioner Kolhage and seconded by Commissioner Rice that the Boards intent was to include the job description for both items. Motion carried unanimously. CLOSED SESSIONS I1 Bob Shillinger, County Attorney, announced the Attorney - Client Closed Session in the matter of Allan Kennish v. Monroe County, Case No. 2016 -CA- 108 -Kand read the required language into record pursuant to F.S. 286- 011(8). Mr. Shillinger announced that the following persons would be present at the 141 Page 06/2 1/20 17 meeting: the County Commissioners, County Administrator Roman Gastesi, County Attorney Bob Shillinger, Assistant County Attorney Chris Ambrosio and a certified court reporter. Mayor Neugent declared the open session of the meeting closed. After the closed session, the meeting was re- opened. 12 Mr. Shillinger announced the Attorney - Client Closed Session in the matter of Monroe County v. Alfredo Menendez, Case No. 16 -CA -651 -P and read the required language into record pursuant to F.S. 286 - 011(8). Mr. Shillinger announced that the following persons would be present at the meeting: the County Commissioner, County Administrator Roman Gastesi, County Attorney Bob Shillinger, Assistant County Attorney Steve Williams and a certified court reporter. Mayor Neugent declared the open session of the meeting closed. After the closed session, the meeting was re- opened. I3 Mr. Shillinger announced the Attorney - Client Closed Session in the matter of Paul Mice v. Construct Group Corp, Monroe County, and Highway Striping, Inc. Case No. 2016 -CA- 0460 -P and read the required language into record pursuant to F. S. 286 - 011(8). Mr. Shillinger announced that the following persons would be present at the meeting: the County Commissioners, County Administrator Roman Gastesi, County Attorney Bob Shillinger, Assistant County Attorney Chris Ambrosio and a certified court reporter. Mayor Neugent declared the open session of the meeting closed. After the closed session, the meeting was re- opened. PUBLIC HEARINGS 01 A Public Hearing was held to consider approval of an Ordinance amending Monroe County Code Chapter 26 ( "Waterways ") to add Article VI. ( "Floating Signs "), to prohibit off - premises marine signage. The following individual addressed the Board: Deb Curlee representing Last Stand. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Kolhage to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 006 -2017 Said Resolution is incorporated herein by reference. 02 A Public Hearing was held to consider approval of an Ordinance amending Section 13 -3 of the Monroe County Code to update insurance terms and requirements for "Use of Fireworks" Ordinance. There were no public speakers. Motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 007 -2017 Said Ordinance is incorporated herein by reference. 03 A Public Hearing was held to consider approval of an Ordinance of the Monroe County Board of County Commissioners repealing Section 126 -14 "Employee Housing Fair Share Impact Fee" of the Monroe County Land Development Code; 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; and Providing for an Effective Date. There were no public speakers. Motion was made by Commissioner Murphy and seconded by Commissioner Kolhage to adopt the following Ordinance. Motion carried unanimously. 15 1 Page 06/2 1/20 17 ORDINANCE NO. 008 -2017 Said Ordinance is incorporated herein by reference. There being no further business, the meeting of the Board of County Commissioners was adjourned. Kevin Madok, CPA, Clerk And ex- officio Clerk to the Board of County Commissioners Monroe County, Florida D.C. 161 Page 06/2 1/20 17