08/16/2017 AgendaREVISED AGENDA
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Any person who wishes to be heard shall provide the Clerk with his or her name and residence
and the agenda item on which he or she wishes to be heard. Such information shall be on a card
provided by the County. Once public input begins, there will be no further speaker cards
allowed to be submitted to the Clerk for that subject. An individual has three minutes and a
person representing an organization has five minutes to address the Board (except that
individuals wishing to speak during public hearings pertaining to land use issues will have five
minutes). The first person representing the organization will be allowed the five minutes.
Subsequently, all other speakers on behalf of that organization have three minutes to address the
Board. Once an individual has addressed the Board, he or she will not be permitted to return to
the podium for follow -up comments, unless the issue involved is quasi-judicial in nature. In that
case, the applicant may return to the podium to conclude his or her position at the end of the
public hearing.
ADA ASSISTANCE. If you are a person with a disability who needs special accommodations
in order to participate in this proceeding, please contact the County Administrator's Office, by
phoning (305) 292 -4441, between the hours of 8:30 a.m. - 5:00 Am., no later than five (5)
calendar days prior to the scheduled meeting, if you are hearing or voice impaired, call "711 ".
Please note that all time approximate items are listed in bold.
Wednesday, August 16, 2017
The Harvey Government Center
At Historic Truman School
1200 Truman Avenue
Key West, FL
9:00 A.M. - Regular Meeting
9:15 A.M. - Land Authority Governing Board
9:30 A.M. - Fire & Ambulance District 1
Board of Governors
3:00 P.M. - Public Hearings
TIME APPROXIMATE
CALL TO ORDER
SALUTE TO FLAG
REGULAR MEETING
ADDITIONS, CORRECTION, DELETIONS
1. Approval of agenda.
Page 1 of 11
B. PRESENTATION OF AWARDS
1. MAYOR NEUGENT: Presentation of Conch Certificates to Dan
Clark, Refuge Manager, US Fish and Wildlife Service and his team,
Chri �Ogura,,Knstie Killan and Kate Watts.
C. BULK APPROVALS — MLVVOWPRO TEM RICE
1. Acceptance of the Monroe County Length of Service Award Program
( LOSAP) actuarial valuation report for the Plan Year 2017 and transfer
of funds for Plan Year 2017 into the LOSAP Trust Fund.
2. Approval of a Commercial Airline Application from Elite Airways to
operate scheduled Air Carrier Service using the commercial air carrier
terminal and ramp space at the Key West International Airport.
3. Approval to award bid and execute contract with General Asphalt
Company, Inc., in the amount of $9,962,089.50 to rehabilitate the
runway at the Key West International Airport. Issuance of the Notice
to Proceed for construction shall be contingent upon the receipt of an
FAA grant ($9,049,500 approximate). Additional anticipated funding
sources include: $1,060,000 -PFC Application #17, $450,000 - FDOT
Grant and Airport Operating Fund 404 (as needed).
4. Approval to extend the term of lease for Coast FBO, LLC (d/b /a
Marathon General Aviation) at the Florida Keys Marathon
International Airport from April 5, 2018 to April 5, 2041. The term
extension is in accordance with an April 20, 2016 BOCC approved
lease agreement, based on the timely substantial completion of the
"East Hangar" construction project.
5. Approval of an Interlocal Agreement with the City of Marathon to
adopt, administer, and enforce updated airport zoning regulations
applicable to the airport hazard areas and restricting the use of land
adjacent to or in the immediate vicinity of the Florida Keys Marathon
International Airport.
6. Approval of a Resolution to adopt the revised rates and fees for the
° > County's Specialty Hauler Program.
7. Approval to reject the lowest bid as non - responsive and award a
contract to the second lowest responsive bidder, Specialized Property
Services, Inc., for $352,720.00 for the Brick and Mortar Renovation
construction project at the East Martello, funded by the Tourist
Development Council (TDC).
8. Receipt of monthly change orders for the month of July, reviewed by
1 9 the County Administrator /Assistant Administrator.
Page 2 of 11
C. BULK APPROVALS — MAYOR PRO TEM RICE
REVISED 9. Approval to ratify the complete contract with D. L. Porter
Constructors, Inc., for the Department of Juvenile Justice Building
(DJJ BLDG.) evidence locker renovation replacing the incomplete
contract that was approved as BOCC July 19, 2017 agenda item C4.
The contract now contains all required pages. Contract amount is
$473,468.00. Funding is through one cent infrastructure sales tax.
REVISED 10. Approval of various resolutions for the transfer of funds and
resolutions for the receipt of unanticipated revenue.
2 11. Approval to advertise a Request for Proposals (RFP) for FEMA Public
v Assistance Consulting Services.
12. Approval to rescind Item C -16, Modification #1 to Low Income Home
Energy Assistance Program (LIHEAP) Subgrant Agreement # 17EA-
15 OF- 11 -54 -01 -019 between Department of Economic Opportunity and
Monroe County Board of County Commissioners/Monroe County
Social Services which was approved at the 7/19/2017 Regular BOCC
meeting.
13. Approval of Amendment #001 to Standard Contract #AA -1729, Older
Americans Act (OAA) between the Alliance for Aging, Inc., (AAA)
and the Monroe County Board of County Comm issioners/Monroe
County Social Services /In -Home Services and Nutrition Programs for
the contract period of 1/1/2017 through 12/31/2017 in the amount of
$637,986.44. This is an increase in funding of $14,721.94 which
reflects 2016 Carry Forward Funding and new 2017 funding
allocations.
D. TOURIST DEVELOPMENT COUNCIL
1. Announcement of one vacant position on the Tourist Development
Council District V Advisory Committee for one "At Large"
appointment.
2. Approval to rescind Destination Event Funding Agreement with Key
Largo Baptist Church, Inc. for the Key Largo Bridge Run due to Event
Contractor cancelling the event.
3. Approval of an Amendment to Agreement with Key West Business
Guild, Inc. to provide gay and lesbian visitor information services to
exercise the option to extend agreement for an additional two (2)
years.
Page 3 of 11
D. TOURIST DEVELOPMENT COUNCIL (CONTINUED)
4. Approval of an Amendment to extend Agreement with Dolphin
Research Center, Inc. (DRC) for the DRC ADA Parking, Walkway,
Landscaping and Fencing of Welcome Center Building project.
5. Approval of an Amendment to extend Agreement with Florida Keys
jr�" History and Discovery Foundation, Inc. for the Jerry Wilkinson
Research Library Project.
6. Approval of an Amendment to extend Agreement with Dolphin
�j Research Center, Inc. (DRC) for the DRC Construct Welcome Center
Building Project.
7 Approval of the FY 2017 -2018 Monroe County Tourist Development
Council Marketing Plan.
8. Approval of an Agreement with Axis Travel Marketing, Ltd. to
provide European travel services in the United Kingdom; Ireland;
Scandinavia; Italy; France; Germany; Austria; Switzerland; Benelux;
and Holland which promote tourism - Commencing October 1, 2017
through September 30, 2020.
E. STAFF REPORTS
�l/�NC D
ADJOURNMENT
9:15 A.M. F. LAND AUTHORITY GOVERNING BOARD
1. Approval of the minutes for the July 19, 2017 meeting.
2. Approval of a contract to purchase Tier 1 property for
conservation — Block 1, Lot 24, Largo City, Key Largo.
3. Approval of a contract to purchase Tier 1 property for
conservation — Block 3, Lot 11, Silver Shores Estates, Ramrod
Key.
4. Approval of a contract to purchase Tier 3 property for
conservation — Block 4, Lot 1, Center Island, Duck Key.
5. Approval of a contract to purchase Tier 3 property for
conservation — Block 9, Lot 16, Center Island, Duck Key.
Page 4of11
9:15 A.M. F. L AUTHORITY GOVERNING BOARD (CONTINUED)
Discussion of a 2017 Memorandum of Agreement between Monroe
County and the Board of Trustees of the Internal Improvement
Trust Fund of the State of Florida concerning Florida Forever
projects in the Keys.
ADJOURNMENT
9:30 A.M. G. FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS
No items submitted.
ADJOURNMENT
H. PLANNING AND ENVIRONMENTAL, BUILDING AND CODE
COMPLIANCE DEPARTMENTS
1. Correction of a scrivener's error to add the legal description as Exhibit
A of an Interlocal Agreement (ILA), approved by the BOCC on
December 14, 2016, between Monroe County and City of Marathon
transferring 52 low income and 3 very low income (55 total)
L p,� Affordable Housing ROGO Allocations from Monroe County to the
City of Marathon. This ILA is proposed by Keys Affordable
Development 111, LLC, for a project that proposes developing 55 new
affordable housing units and is applying for state low income housing
tax credits (LIHTC).
2. Approval of an Interlocal Agreement (ILA) between Monroe County
and City of Marathon transferring 52 low income and 3 very low
4 income (55 total allocations) Affordable Housing ROGO Allocations
G A`� from Monroe County to the City of Marathon for an affordable
housing project to be located on property in the ownership of Key
Vaca, LLC. This ILA is proposed by the City of Marathon to replace
the previously BOCC approved ILA (December 14, 2016) with the
City of Marathon for the Keys Affordable Development III, LLC, for a
project that proposed developing 55 new affordable housing units.
11:00 A.M. 3 Approval to advertise a public hearing to adopt an ordinance
amending Ch. 26 of the Monroe County (County) Code of
Ordinances, deleting the Idle Speed/No Wake boating restricted
area for man -made waterbodies, and adding a Slow
Speed/Minimum Wake boating restricted area for canals less than
75' in width from shoreline to shoreline.
Page 5of11
I. SHERIFF'S OFFICE
1. Request for expenditure from the Law Enforcement Trust Fund in the
amount of $4,500 for the MCSO Animal Farm.
J. COMMISSIONERS' ITEMS
1. MAYOR NEUGENT: Approval of a resolution of the Board of
County Commissioners of Monroe County, Florida 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 16, 2017.
10:30 A.M. 2. MAYOR PRO TEM RICE: Discussion and direction to legal staff
to prepare a Resolution of Support for State Legislation to
authorize Air Medical Rescue Pilots and Flight Nurses to be
reclassified as Special Risk under the Florida Retirement System
rules. The Resolution of Support will be heard for approval at the
September 20, 2017 Regular meeting.
3. COMMISSIONER KOLHAGE: Appointment of Cristina
Spottswood on the Art in Public Places Committee replacing Nance
Frank who resigned.
� 4. COMMISSIONER KOLHAGE: Approval to appoint Bill Gordon
to the Key West Ad -hoc Committee on Noise, replacing Paul Depoo.
5. COMMISSIONER CARRUTHERS: Approval of a resolution of
the Board of County Commissioners of Monroe County, Florida
urging the Florida Legislature to enact legislation that would make
Texting While Driving a primary offense.
6. COMMISSIONER MURPHY: Reappointment of George L.
3 Fernandez to the TDC Board.
ADD ON 7. COMMISSIONER MURPHY: Approval of a Resolution
recommending Elizabeth "Betsy" Langan for appointment to the Board
l 2� of Directors for the South Florida Behavioral Health Network, Inc.
K. COUNTY CLERK
1. Clerk's Report.
Page 6 of 11
K. COUNTY CLERK (CONTINUED)
2. Approval of FKAA invoices $50,000.00 or over for the fiscal year (to
include salaries), relating to the Cudjoe Regional Wastewater System
Project.
3. 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.
4. Approval of Tourist Development Council expenses for the month of
July 2017.
5. Approval for BOCC Warrants (Including Payroll) for the Month of
July 2017.
6. Approval to dispose of Items declared surplus.
L. COUNTY ADMINISTRATOR
V /1 . County Administrator's Monthly Report.
2. Approval to negotiate a contract with Adventure Environmental, Inc.,
he highest ranked respondent, for the backfilling of canal 75 in Key
Largo, whose proposal price of $1,216,000 is $184,000 below the
engineer's estimate of $1.4 Million, to be funded in full by the $1.5M
DEP Stewardship Grant LP44073.
3 Approval to enter into a $0 access agreement with The Harborage
Condo Corporation, Inc. to grant a temporary easement of property use
during the backfilling of canal 75 in Rock Harbor in Key Largo.
10:00 A.M. 4. Approval to advertise an RFP for 2 years of water quality
monitoring services in support of the Florida Keys Reasonable
Assurance Document (FRAD) as requested by the Department of
Environmental Protection (DEP), 50% funding to be provided by
DEP and 50% match required by the County and municipalities,
exact match amount to be determined after solicitation opening,
estimated in the range of $50,000- $75,000 /year, which is not
budgeted.
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5. Approval of a $70,884 Grant Application to EPA for the final phase of
the Canal Implementation Plan, seeking $65,159 of grant funds, and
J offering $5,725 in budgeted funds as a partial cash match, retroactively
ratifying the grant application submitted July 24, 2017; and
authorization for the County Administrator to sign all necessary
documents in connection with this grant.
Page 7 of 11
L. COUNTY ADMINISTRATOR (CONTINUED)
e�,J- Approval to advertise a Request for Proposals for a demonstration
project for canal debris removal and hauling for the Key Largo area.
7. Authorize entering an amendment No. 1 to a contract with Parsons
Engineering, Inc. in an amount not to exceed $22,235 to provide
additional professional consulting services to assist the County with
technical negotiations of the mobile LiDAR services contract and to Lt
review the survey data to be provided by the LiDAR vendor. r : .,li s` d `r.W ra
L 8. Request approval to advertise a Request for Proposals for the
� combined operations and maintenance of the County's air curtains on
canals.
M. ATTORNEY
7OUNTY
. County Attorney Report for August 2017.
2. Approval of settlement agreement in Allan Kennish v. Monroe
g County, Case No. 16 -CA -182 -K and to authorize the County's outside
counsel to execute the Stipulation for Dismissal with Prejudice.
3. Approval to advertise a Public Hearing to consider adoption of an
Ordinance amending MCC §2- 347(e)(2) and (h)(5); and replacing
(1)(I )f. relating to competitive bidding procedures.
4. Request to hold an Attorney- Client Closed Session in the matter of
Donald Davis v. Monroe County, Case No. CA M 04 -379 at the
regularly scheduled BOCC meeting on September 20, 2017 in Key
Largo, FL at 1:30 p.m. or as soon thereafter as may be heard.
5. 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 September 20, 2017 BOCC meeting in Key
Largo, FL at 1:30 p.m. or as soon thereafter as may be heard.
6. Discussion and direction to the County Attorney's Office to draft
regulations that would authorize the use of electronic signatures on all
County documents permitted by law.
7. Approval of a 2017 Memorandum of Agreement between Monroe
County and the Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida concerning Florida Forever projects in the
Keys.
Page 8 of 11
M. COUNTY ATTORNEY (CONTINUED)
M J
8. Discussion and direction regarding the Constitutional Revision
Commission of Florida.
9. Approval of new Right -of -Way Lease Agreement with Key Marina
Development, LLC, and Consent to Assignment of Lease to Florida
Keys Quality Foods, Inc., for an historic encroachment upon the
Second Avenue public right -of -way in Key Largo, which will operate
to terminate all prior leases.
3:00 P.M. N. PUBLIC HEARINGS
1. A public hearing to consider adoption of an ordinance amending
Sec. 18- 27(c)(1) and adding a special section in Chapter 18, Article
II of the Monroe County Code regarding park hours and other
park regulations specific to Bernstein Park as directed by the
BOCC on May 17, 2017.
2. 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 01.5.29, to allow lawfully established
transient units to be entitled to a density of one transient unit per
lawfully established transient unit and not be considered
nonconforming as to density, and to allow the density of lawfully
established transient units to be replaced with up to the same
density of permanent employee housing dwelling units
notwithstanding density limitations of the future land use map
categories and subject to the award of Affordable ROGO
Allocations, a development agreement, and a major conditional
use permit; 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. APPLICATION WITHDRAWN BY THE
APPLICANT.
Page 9of11
3:00 P.M. N. PUBLIC HEARINGS (CONTINUED)
3. An ordinance by the Monroe County Board of County
Commissioners amending the Monroe County Land Use District
(Zoning) Map from Urban Residential - Mobile Home (URM) to
Mixed Use (MU), for property located at 5660 Laurel Avenue,
South Stock Island, mile marker 5, legally described as Block 31,
Lot 6, Maloney Subdivision (Plat Book 1, Page 55), Stock Island,
Monroe County, Florida, having Real Estate #00124400.000000; as
proposed by Piccolo Key West, LLC; 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 amendment to the Land Use District
(Zoning) Map; providing for an effective date.
4. A Public Hearing to consider adoption of an ordinance amending
Ch. 26 of the Monroe County (County) Code of Ordinances,
deleting references to the Pilot Program for Anchoring and
Mooring which expired July 1, 2017, and adding language
requiring proof of pumpout Keys -wide.
A Public Hearing to adopt the South Stock Island Wastewater
Assessment Program Phase 2 Final Assessment Resolution
describing the method of assessment for the South Stock Island
Wastewater parcels as provided by K W Resort Utilities Corp. V "' V ` s z j
1,. c-1 —
6/ A Public Hearing to consider approval of a resolution for a Budget
/ Amendment of Fiscal Year 2017 Upper Keys Health Care Taxing
District Fund 144 to close the fund and distribute all residual
balances in accordance with Ordinance No. 031 -2016.
O. ADD ONS
1. COUNTY ATTORNEY: Request to hold an Attorney - Client Closed
Session in the matter of Board of County Commissioners of Monroe
County, FL vs. Sugarloaf Volunteer Fire Department, et al.A Filing
#60084602 at the September 20, 2017 BOCC meeting in Key Largo, FL
at 1:30 p.m. or as soon thereafter as may be heard. n Cos a tJ o .
c.A•K - 17.631
2. COUNTY ATTORNEY: Discussion and direction on submission of
comments to the Nuclear Regulatory Commission regarding Florida
Power and Light's application for combined licenses to authorize
construction and operation of two new nuclear plants at Turkey Point
(Units 6 and 7).
Page 10 of 11
O. ADD ONS (CONTINUED):
3. COUNTY ATTORNEY: A request to hold an attorney client closed
session in the matter of In re: Energy3, LLC, Case Number 17-18986 -
RAM, at the regularly scheduled BOCC meeting on September 20, 2017,
in Key Largo, FL at 1:30 pm or as soon thereafter as may be heard.
P. COMMISSIONERS' COMMENTS
Page 11 of 11
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Wednesday, August 16, 2017
Key West, FL
TIME APPROXIMATES
9:00 A.M. BOARD OF COUNTY COMMISSIONERS REGULAR MEETING
9:15 A.M (F -F6) LAND AUTHORITY
9:30 A.M. ( -) x BOARD OF GOVERNORS: No items submitted.
10:00 A.M. (L4) \ SUSTAINABILITY: Approval to advertise an RFP for 2 years of water
quality monitoring services in support of the Florida Keys Reasonable
Assurance Document (FRAD) as requested by the Department of
Environmental Protection (DEP), 50% funding to be provided by DEP and
50% match required by the County and municipalities, exact match amount to
be determined after solicitation opening, estimated in the range of $50,000-
$75,000 /year, which is not budgeted.
10:30 A.M. (J2) MAYOR PRO TEM RICE: Discussion and direction to legal staff prepare a
Resolution of Support for State Legislation to authorize Air Medical Rescue
Pilots and Flight Nurses to be reclassified as Special Risk under the Florida
Retirement System rules. The Resolution of Support will be heard for
approval at the September 20, 2017 Regular meeting.
11:00 A.M. (113) ENVIRONMENTAL RESOURCES: Approval to advertise a public hearing
to adopt an ordinance amending Ch. 26 of the Monroe County (County) Code
of Ordinances, deleting the Idle Speed/No Wake boating restricted area for
man -made waterbodies, and adding a Slow Speed/Minimum Wake boating
restricted area for canals less than 75' in width from shoreline to shoreline.
12:00 P.M. Lunch Break
3:00 P.M. (N1 -N6) PUBLIC HEARINGS
(8/8/17 kp)