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07/19/2017 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, July 19, 2017 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 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 Rice and seconded by Commissioner Kolhage granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS B 1 Presentation of 20 Years of Service Award to Terri Colonna, Commissioner's Aide, District II. BULK APPROVALS Motion was made by Mayor Neugent and seconded by Commissioner Kolhage granting approval of the following items by unanimous consent: C1 Board granted approval to award the annual lump sum bonus to the Billing Supervisor and Billing Specialist in the amount of 10% of their unloaded base salaries for evaluation period July 1, 2016 to June 30, 2017. This bonus is based upon an average collection rate for air and ground ambulance charges in accordance with the Resolution authorizing this bonus, to be paid in the amount of one percent (1.0 %) of the employee's unloaded base salaries, up to a maximum increase of ten percent (10 %) of the Baseline Collection Rate, which will translate to a maximum bonus often percent (10 %). C3 Board adopted the following Resolution removing a previously appointed authorized agent of an Animal Control Contractor. RESOLUTION NO. 160 -2017 Said Resolution is incorporated herein by reference. C5 Board granted approval and authorized execution of a Contract with Florida Fence Corp. for replacement of the fence around and under the Monroe County Sheriffs Office (MCSO) Stock Island Jail. The contract is in the amount of $197,250.00. The project is funded by the One Cent Infrastructure Sales Tax. 11Page 07/19/2017 C6 Board granted approval to implement a Long Term Parking Policy at the Florida Keys Marathon International Airport to assess a fee for vehicles parking in the Main Terminal parking lot for 30 consecutive days or longer, in the amount of $100.00 per vehicle per month. C7 Board granted approval and authorized execution of an Agreement with the State of Florida, Division of Emergency Management concerning an Emergency Management Preparedness and Assistance Base Grant (Contract 418 -BG- - 11 -54- 01- ) 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 grant. C8 Board granted approved of the Receipt of monthly Change Orders for the month of June, reviewed by the County Administrator /Assistant Administrator. Said Change Orders are incorporated herein by reference. C9 Board granted approval and authorized execution of an Amendment to Agreement with Government Services Group, Inc. for professional consulting services for the Duck Key Security District Special Assessment Program for Fiscal Year 2017 -2018. C10 Board granted approval to amend and extend the current agreement with Professional Emergency Services, Inc. to include additional medical oversight in the expansion of the Trauma Star secondary air transport ambulance. C11 Board granted approval to rescind previously approved agreement with Refreshment Services Pepsi (May 17, 2017 Item C11), and enter into a non - exclusive five (5) year Retail Vending Machine Concession Agreement with Refreshment Services, Inc. to provide two (2) beverage vending machines at the Key West International Airport; 10% of gross revenues generated from the vending machines will be paid to the Airport on a quarterly in arrears basis. The agreement approved May 17, 2017, was with Refreshment Services Pepsi, a Florida Corporation; however, correct corporate name is Refreshment Services, Inc., a Delaware Corporation. C12 Board granted approval to issue a Request for Proposal for installation of Fire Hydrants in Monroe County. C13 Board granted approval and authorized execution of Amendment 4002 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 (ending June 30, 2017) in order to increase the total grant funding by $7,050.00 from $164,647.80 to $171,697.80. These additional funds are non - recurring. C14 Board granted approval and authorized execution of the Alzheimer's Disease Initiative Program (ADI) Contract KZ -1797 between the Alliance for Aging, Inc., and Monroe County Board of County Commissioners /Monroe County Social Services In -Home Services for the contract year 2017- 2018 (07/01/2017- 06/30/2018) in the amount of $164,647.80. C15 Board granted approval and authorized execution of an Agreement with the State of Florida, Division of Emergency Management concerning an Emergency Management Performance Grant (Contract 418 -FG- - 11- 54 -01- ) in the amount of $66,884.00, fully grant funded and no county match; and authorization for the County Administrator to execute any required documentation in relation to the grant. 21Page 07/19/2017 C16 Board granted approval and authorized execution of Modification #1 to Low Income Home Energy Assistance Program (LIHEAP) Subgrant Agreement 4 17EA- OF- 11 -54 -01 -019 between Department of Economic Opportunity (DEO) and Monroe County Board of County Commissioners/Monroe County Social Services for the contract period of 04/01/2017 through 03/31/2018 to increase funding by $22,004.00 which will increase the total contract amount from $189,988.00 to $211,992.00. C18 Board granted approval and authorized execution of a five (5) year Agreement with Volaire Aviation, Inc. for Air Service Development Consultant Services for both Monroe County Airports. C19 Board granted approval and authorized execution of a Federally Funded Weatherization Assistance Program (WAP) Subgrant Agreement 417WX- 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 04/01/2017 through 03/31/2018 in the amount of $125,572.00. C20 Board granted approval to advertise a Request for Proposals for animal control services for the Middle Keys (MM16.7 - MM70). C21 Board granted approval to advertise a Public Hearing on changes to Ordinance 18- 27(c)(1) as to park hours and add in Chapter 18, Article II, a special section on specific Bernstein Park regulations as directed by the BOCC on May 17, 2017. TAX COLLECTOR DI Board granted approval of the Tax Collector's request to extend the 2017 tax roll and to allow the bills to be mailed prior to completion of the Value Adjustment Board hearings. BUDGET & FINANCE El Board granted approval of the transmittal of the Fiscal Year 2018 Proposed Budget. E2 Board granted approval of the transmittal of the Fiscal Year 2018 Departmental Business Plan for the Fiscal Year 2018 Budget. E3 Board granted approval of the transmittal of the 2017 Residential & Business Community Input Survey Report for the Fiscal Year 2018 Budget. E4 Board adopted the following Resolutions for the transfer of funds and for the receipt of unanticipated revenue: Transfer of Funds (OMB Schedule Item No. 1). RESOLUTION NO. 161 -2017 Said Resolution is incorporated herein by reference. Amending Resolution No. 149 -2017 (OMB Schedule Item No. 2). RESOLUTION NO. 162 -2017 Said Resolution is incorporated herein by reference. 31Page 07/19/2017 Receipt of Unanticipated Funds (OMB Schedule Item No. 3). RESOLUTION NO. 163 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 164 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 5). RESOLUTION NO. 165 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 166 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 167 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 168 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 9). RESOLUTION NO. 169 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 170 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 171 -2017 Said Resolution is incorporated herein by reference. PLANNING & ENVIRONMENTAL, BULDING & CODE COMPLIANCE DEPARTMENTS I2 Board granted approval and authorized execution of an Inter -Local Agreement between Monroe County and the Village of Islamorada (City) reimbursing the City in an amount up to $10,000.00 from Boating Improvement Funds for costs to be incurred by the City during Fiscal Year 2018 for regulatory buoy maintenance. I3 Board granted approval and authorized execution of an Inter -Local Agreement between Monroe County and the City of Marathon (City) reimbursing the City in an amount up to $30,000.00 from Boating Improvement Funds f or costs to be incurred by the City during Fiscal Year 2018 for repaving at the Quay boat launching facility. I4 Board granted approval and authorized execution of Amendment No.2 between Monroe County and Arnold's Auto & Marine Repair, Inc., providing for removal and disposal of non - derelict vessels, 41Page 07/19/2017 and to cover, remove, store, and/or dispose of off - premises marine signs from vessels or floating structures, and to remove, relocate, store and/or dispose of vessels or floating structures exhibiting off- premises marine signs. I5 Board granted approval and authorized execution of a task assignment (FK -146) with the Florida Fish & Wildlife Conservation Commission to receive $70,000.00 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. I6 Board granted approval and authorized execution of a task assignment (FK -151) with Florida Fish & Wildlife Conservation Commission to receive $80,000.00 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. I7 Board granted approval to advertise a Request for Proposals for the removal of invasive exotic plants (initial treatment) from conservation lands that are owned or managed by Monroe County. I8 Board granted approval to advertise a Request for Proposals for the removal of invasive exotic plants (maintenance treatment) from conservation lands that are owned or managed by Monroe County. I9 Board granted approval and authorized execution of Amendment No.2 between Monroe County and Blue Water Marine Services, Inc., providing for removal and disposal of non - derelict vessels, and to cover, remove, store, and/or dispose of off - premises marine signs from vessels or floating structures, and to remove, relocate, store and/or dispose of vessels or floating structures exhibiting off - premises marine signs. I10 Board granted approval and authorized execution of Amendment No.2 between Monroe County and Coffin Marine Services, Inc., providing for removal and disposal of non - derelict vessels, and to cover, remove, store, and/or dispose of off - premises marine signs from vessels or floating structures, and to remove, relocate, store and/or dispose of vessels or floating structures exhibiting off - premises marine signs. Ill Board granted approval and authorized execution of Amendment No.2 between Monroe County and Lower Keys Marine Towing and Salvage, Inc., providing for removal and disposal of non - derelict vessels, and to cover, remove, store, and /or dispose of off - premises marine signs from vessels or floating structures, and to remove, relocate, store and/or dispose of vessels or floating structures exhibiting off - premises marine signs. I12 Board granted approval and authorized execution of Amendment No.2 between Monroe County (County) and Adventure Environmental, Inc. (Adventure), providing for removal and disposal of non - derelict vessels, and to cover, remove, store, and/or dispose of off - premises marine signs from vessels or floating structures, and to remove, relocate, store and/or dispose of vessels or floating structures exhibiting off - premises marine signs. I13 Board granted approval and authorized execution of Amendment No.2 between Monroe County and ASAP, Inc., providing for removal and disposal of non - derelict vessels, and to cover, remove, store, and /or dispose of off- premises marine signs from vessels or floating structures, and to remove, relocate, store and/or dispose of vessels or floating structures exhibiting off - premises marine signs. SIPage 07/19/2017 WASTEWATER ISSUES J1 Board adopted the following Resolution by the Monroe County Board of County Commissioners removing twelve (12) parcels from the Cudjoe Regional Wastewater System service area that were previously included in the system; authorizing staff to process any refunds of special assessments already collected; and providing an effective date. RESOLUTION NO. 172 -2017 Said Resolution is incorporated herein by reference. COMMISSIONERS' ITEMS K2 Board granted approval of Commissioner Kolhage's appointment of Kathryn M. Norris to the Library Advisory Board replacing Stephanie Griffiths who did not wish to be re- appointed. K3 Board granted approval of Commissioner Kolhage's appointment of Natalia Duke to serve on the Climate Change Advisory Committee, and request for waiver for residency requirement in Section 1(a) of Resolution 002 -2001 to allow Ms. Duke to serve. COUNTY CLERK L1 Board granted approval of the corrected minutes, from the final budget meeting held on September 11, 2014, to reflect the revision of the Resolution adopting the final mileage rate for the Fire & Ambulance District 1 for Fiscal Year 2015 from 204 -2014 to 204A -2014. L2 Board granted official approval to correct the October 17, 2014 minutes. Change Item C12, Resolution No. 258 -2014, to 312 -2014 in the minutes and on the executed Resolution; and, change Item R3, Resolution No. 312 -2014, to 258 -2014 in the minutes. L3 Board granted approval to correct the December 10, 2014 minutes, in order to change Item 09, assigned Resolution No. 379 -2014, to Resolution No. 379 -2014 A in the minutes and on the executed Resolution; and to change Item 010, previously assigned Resolution No. 390 -2014, to Resolution No. 379 -2014 in the minutes. L4 Board granted official approval of the Board of County Commissioners minutes from the special meeting of May 10, 2017; and, from the regular meeting of May 17, 2017. L5 Board granted approval of the request from the Audit Selection Committee to authorize a negotiating team consisting of a designate from the Board of County Commissioners (BOCC) and representatives from the Clerk and the County Attorney's Office to negotiate a fixed fee contract with the top ranked firm in accordance with Section 218.391(4)(a), Florida Statutes; also, approval of request from the Audit Selection Committee that the BOCC allow the term of the contract to be negotiable rather than requiring a three year contract with two -one year renewals with the audit firm as in the prior contract. L6 Approval of BOCC Warrants (including payroll) for the month of June 2017, 10024577 - 10025763 (AP); 50002981 - 50003090 (PR CHECK); 3081441 - 3082520 (PR VOUCHER); 22208 -22318 (WC), as follows: 001 General Fund, in the amount of $2,613,130.92; 101 Fine & Forfeiture Fund, in the amount of $3,769,053.33; 102 Road & Bridge Fund, in the amount of $221,235.41; 115 TDC District Two Penny, in the amount of $749,988.18; 116 TDC Admin & Promo 2 Cent, in the amount 61Page 07/19/2017 of $898,842.14; 117 TDC District 1,3 Cent, in the amount of $793,866.48; 118 TDC District 2,3 Cent, in the amount of $166,156.17; 119 TDC District 3,3 Cent, in the amount of $363,856.29; 120 TDC District 4,3 Cent, in the amount of $251,561.78; 121 TDC District 5,3 Cent, in the amount of $358,804.61; 125 Gov Fund Type Grants, in the amount of $541,942.08; 141 Fire & Amb Dist 1 L &M Keys, in the amount of $635,333.25; 147 Uninc Svc Dist Parks &Rec, in the amount of $131,468.82; 148 Plan, Build, Zoning, in the amount of $398,177.28; 149 Municipal Policing, in the amount of $544,809.83; 150 911 Enhancement Fee, in the amount of $37,303.41; 152 Duck Key Security Dist, in the amount of $12,234.48; 157 Boating Improvement Fund, in the amount of $45,720.24; 158 Misc Special Revenue Fund, in the amount of $84,027.30; 160 Environmental Restoration, in the amount of $15,210.89; 163 Court Facilities, in the amount of $12,593.06; 164 Drug Abuse Trust Fund, in the amount of $6,396.10; 171 Stock Island Wastewater, in the amount of $10,097.06; 175 Long Key Wastewater, in the amount of $944.40; 176 Duck Key MSTU, in the amount of $1,087.74; 180 Building Fund, in the amount of $278,089.37; 304 1 Cent Infra Surtax, in the amount of $806,188.50; 308 Infrastructure Sales Tax Revenue Bond, in the amount of $459.10; 310 Big Coppitt Wastewater, in the amount of $4,557.92; 311 Duck Key Wastewater, in the amount of $79.39; 312 Cudjoe Regional WW Proj, in the amount of $10,525.24; 314 Series 2014 Revenue Bonds, in the amount of $1,176,882.08; 316 Land Acquisition, in the amount of $223,920.24; 401 Card Sound Bridge, in the amount of ($303,510.57); 403 Marathon Airport, in the amount of $364,593.19; 404 Key West Intl Airport, in the amount of $1,074,811.11; 406 PFC & Operating Restrictions, in the amount of $507,470.61; 414 MSD Solis Waste, in the amount of $1,628,834.72; 501 Worker's Compensation, in the amount of $207,491.17; 502 Group Insurance Fund, in the amount of $1,376,046.26; 503 Risk Management Fund, in the amount of $275,811.16; 504 Fleet Management Fund, in the amount of $141,601.01; 610 Fire /EMS LOSAP Trust Fund, in the amount of $2,550.00. L7 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. L8 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. L9 Approval of Tourist Development Council expenses for the month of June 2017, as follows: Advertising, in the amount of $2,748,977.64; Bricks & Mortar Projects, in the amount of $105,481.30; Events, in the amount of $329,478.12; Office Supplies & Operating Costs, in the amount of $19,708.76; Personnel Services, in the amount of $225,849.83; Public Relations, in the amount of $105,087.07; Sales & Marketing, in the amount of $64,649.99; Telephone & Utilities, in the amount of $20,177.40; Travel, in the amount of $27,249.26; Visitor Information Services, in the amount of $95,126.02. COUNTY ADMINISTRATOR M3 Board granted approval to enter into a $0 amendment with Parsons Brinckerhoff hlc. to change their name to WSP USA hlc. for Category C environmental and environmental engineering services. M8 Board granted approval and authorized execution of a Contract with interim Medical Examiner, Michael Steckbauer, M.D. 71Page 07/19/2017 COUNTY ATTORNEY N2 Board granted authorization to initiate litigation against Coher and Coher Investment Co., Ltd and the property located at 103100 Overseas Highway, Key Largo Florida, and any other properties owned by them if necessary, to seek compliance with the County Code and enforce liens arising from code compliance Case Numbers CE16020087; CE16020172; CE16020176; CE16020194; CEI6020196; CEI6020205; CEI6020211; CEI6020212; CEI6040068 and CEI6010058. N3 Board granted approval and authorized execution of an Amendment to Agreement with West Group Law PLLC to add a time keeper and to remove the cap on payments to attorney for legal services relating to the gasification project and potential litigation. ENGINEERING P1 Board granted approval to advertise a Request for Qualifications for On -Call Engineering Services. PROJECT MANAGEMENT P2 Board granted approval and authorized execution of a Contract between Monroe County and S.B. Painting and Grounds Maintenance Inc. in the amount of $67,942.00 to paint the exterior of the Murray E. Nelson Government Center. This is funded through the ad valorem tax. SUSTAINABILITY P3 Board granted approval of Amendment No. 4 to the United States Environmental Protection Agency Canal Grant X7- OOD40915 to provide a six month, no cost time, extension from July 31, 2017 to January 31, 2018. EXTENSION SERVICES P4 Board granted approval to extend the United State Environmental Protection Agency Grant Agreement 40OD41115 to July 2018. AIRPORTS P5 Board granted approval to re- advertise a Request for Proposals for the Key West Noise Insulation Program construction project and to waive County Competitive Solicitation Process 3.A(2.c), reducing the advertisement period from 45 days to 32 days to accommodate FAA grant application deadline for Fiscal Year 2017. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS C2 James Callahan, Fire Chief, addressed the Board concerning approval by the Board, acting as Plan Administrator of the Length of Service Award Plan (LOSAP), to begin 10 -year disbursement of funds to one eligible participant. After discussion, motion was made by Mayor 81Page 07/19/2017 Neugent and seconded by Commissioner Carruthers granting approval of the item. Motion carried unanimous. C4 Commissioner Kolhage announced that, due to an appearance of a conflict, he would have to abstain from voting on the approval of a contract with D.L. Porter Constructors, Inc. for the Department of Juvenile Justice (DJJ) Building renovation for relocation of the Sheriffs evidence room from Jackson Square. Contract amount is $473,468.00. Funding is through one cent infrastructure sales tax. Motion was made by Commissioner Carruthers and seconded by Commissioner Rice granting approval and authorizing execution of the item. Roll call vote carried unanimously, with Commissioner Kolhage abstaining. C17 James Callahan, Fire Chief, addressed the Board concerning approval of the issuance (renewal) of a Class A Certificate of Public Convenience and Necessity (COPCN) to National Health Transport, Inc. for the operation of an ALS inter - facility transport ambulance service for the period August 17, 2017 through August 16, 2019. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval of the item. Motion carried unanimously. C22 Christine Hurley, Assistant County Administrator, addressed the Board concerning approval of a Resolution to utilize Wellness Funds in order to create a gym in the Gato Building (Cato Building Gym), which shall be open to all employees and retirees of the MCBOCC, Land Authority and Constitutionals who are Monroe County health plan participants. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following Resolution. Roll call vote carried unanimously. RESOLUTION NO. 173 -2017 Said Resolution is incorporated herein by reference. The Board of County Commissioners meeting adjourned for the Board of Governors, Fire & Ambulance District 1, 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, Mayor George Neugent and Vice Mayor Bruce Halle. Absent were Councilwoman Katie Scott and Mayor Norman Anderson. H1 James Callahan, Fire Chief, addressed the Board concerning approval to award the annual lump sum bonus to the Billing Supervisor and Billing Specialist in the amount of 10% of their unloaded base salaries for evaluation period July 1, 2016 to June 30, 2017. This bonus is based upon an average collection rate for air and ground ambulance charges in accordance with the resolution authorizing this bonus, to be paid in the amount of one percent (1.0 %) of the employee's unloaded base salaries, 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 %). Motion was made by Commissioner Kolhage and seconded by Commissioner Rice granting approval of the item. Motion carried unanimously, with Councilwoman Scott and Mayor Anderson not present. H2 Chief Callahan addressed the Board concerning approval to amend and extend the current agreement with Professional Emergency Services, Inc. to include additional medical oversight in the 9 1 Page 07/19/2017 expansion of the Trauma Star secondary air transport ambulance. Motion was made by Commissioner Kolhage and seconded by Commissioner Rice granting approval of the item. Motion carried unanimously, with Councilwoman Scott and Mayor Anderson 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. STAFF REPORTS F1 Kevin Wilson, Assistant County Administrator, reported that Solid Waste achieved a 77% recycle rate for 2016. Mr. Wilson introduced Cary Knight, Interim Director of Project Management. Mr. Knight made a power point presentation to the Board titled Harvey Government Center, Facility Condition Assessment Report. Mr. Knight gave an update on the Senior Center, which is adjacent to the Harvey Government Center. He advised that the kitchen move is slated for substantial completion at the end of August, with final completion in September. He also advised the Board that they are working toward rebuilding the Senior Center on the same footprint and that they are having meetings, with various people, to develop a better use of the space. F2 Lisa Tennyson, Director Legislative Affairs, gave an update on NFIP (National Flood Insurance Program) action in the House and Senate. Ms. Tennyson advised the Board that staff would be going to D.C. next week for the White House Conference on Florida County Commissioners. She advised the Board that she and Commissioner Carruthers would be attending the NACO Annual Conference starting tomorrow (July 20, 2017), that they would be attending several policy steering committees and that Commissioner Carruthers has been invited to sing the National Anthem at this conference. Ms. Tennyson advised the Board that the Constitutional Revision Commission has convened and that they only meet every twenty (20) years. She advised that Board that the next legislative session starts in January. She advised the Board that they are already starting to prepare for the session with regard to land acquisition. She advised the Board that after a series of internal coordination meetings that they will have a meeting with BOCC staff, Land Authority staff, Commissioner Rice and Tallahassee on August l O h . COUNTY ADMINISTRATOR M4 Motion was made by Commissioner Kolhage and seconded by Commissioner Murphy granting approval of an extension to the State of Florida Stan Mayfield Working Waterfront Grant Agreement to acquire the commercial fishing property on Stock Island formerly known as "Gulf Seafood" to preserve working waterfront access for the commercial fishing industry. Motion carried unanimously. PLANNING & ENVIRONMENTAL, BULDING & CODE COMPLIANCE DEPARTMENTS I1 Bob Shillinger, County Attorney, requested that the 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) 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 101 Page 07/19/2017 credits (LIHTC) be continued to the August 16, 2017 meeting. Motion was made by Commissioner Kolhage and seconded by Commissioner Murphy to continue the item. Motion carried unanimously. COUNTY ADMINISTRATOR M6 Rhonda Haag, Sustainability Coordinator, made a power point presentation, to the Board concerning direction of a potential demonstration program for canal debris removal and hauling, titled Monroe County Canal Skimming Demonstration Project. Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; and, Cynthia Hall, Assistant County Attorney, addressed the Board. Board authorized Ms. Haag to draft an RFP for canal skimming services and to present it at the July 28 Canal Advisory Board for discussion; and, to extend the contract for Canal 83 restoration to place the air curtain installation task on hold until results of the canal skimming RFP are received. The item will be brought back before the Board at the August 16, 2017 meeting. COMMISSIONERS' ITEMS K1 Bob Shillinger, County Attorney, addressed the Board concerning consideration of a motion to reconsider the vote taken on June 20, 2017 at the Special BOCC Meeting on the Health Insurance Plan regarding Option 47 of the proposals, which would phase out the County subsidy for "Rule of 70" retirees over 5 years (20% per year) and direction to staff to develop alternate options for Rule of 70 retirees including reconsideration of Option 7A or other options for July 25 Budget meeting. The following individuals addressed the Board: Nancy Alvarez, Corey Bryan, Joey Torres, Donna A. Moore, Jonathan Crane, Mitch Snider, Tamara Peteck- Snider, Louis LaTorre, Sheila Barker, Sheriff Rick Ramsay, Monroe County Sheriff; Reggie Paros, and Charlene Sprinkle. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Murphy to reconsider the entire discussion on health benefits from the June 20, 2017 meeting. Roll call vote carried unanimously. COUNTY ADMINISTRATOR The meeting resumed after break with Commissioner Murphy not present. M1 Roman Gastesi, County Administrator, referred the Board to the County Administrator's monthly report for the month of June. Said report is incorporated herein by reference. Mr. Gastesi addressed the Board concerning the residential and business survey results and staffing levels. M2 Rhonda Haag, Sustainability Coordinator; and, Tina Boan, Sr. Director Budget & Finance, addressed the Board concerning approval to enter into a Contract with Earth Tech Enterprises, Inc. for the operations, maintenance and monitoring of the recently installed air curtain system in Canal 4290 located on Avenue I in Big Pine Key, and the air curtain system scheduled to be installed on Canal 483 located on Grouper Lane in Key Largo, in an amount not to exceed $39,393.75, of which $8,955.00 is unbudgeted for Fiscal Year 2017 and $30,438.75 is budgeted for Fiscal Year 2018. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Carruthers granting approval and authorizing execution of the item. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage No Commissioner Murphy Not present Commissioner Rice Yes Mayor Neugent Yes Motion carried. 111 Page 07/19/2017 Commissioner Murphy returned to the meeting and took her seat. M5 Rhonda Haag, Sustainability Coordinator; and, Roman Gastesi, County Administrator, addressed the Board concerning approval of a $60,403.40 Task Order 44 for procurement and permitting services for the Canal 75 backfilling project in Key Largo, under the on -call contract with Amec Foster Wheeler, Inc. for Category B canal infrastructure engineering services, which extends services authorized under Amendment No. 12 under a previous AMEC contract. Remaining funds are carried over from Amendment No. 12 and no new funds are required. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Carruthers granting approval and authorizing execution of the item. 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. M7 Judith Clarke, Director Engineering /Roads; and Rhonda Haag, Sustainability Coordinator; and Greg Corning, representing AMEC, addressed the Board concerning approval of a $1.4 Million TMDL Stormwater Grant Application for a combined roads /canal restoration project in the Key Largo Twin Lakes Subdivision area, seeking $710,000.00 of grant funds towards a canal restoration project to install submerged culverts to improve dissolved oxygen impairments on canal 447 (Poor Ranked Canal) and the implementation of stormwater best management practices (BMP) infrastructure for the roads project, and offering $710,000.00 in budgeted funds as a match, retroactively ratifying the grant application submitted June 30, 2017; and authorization for the County Administrator to sign all necessary documents in connection with this grant. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Carruthers granting approval of the item. Roll call vote carried unanimously. COUNTY ATTORNEY N1 Bob Shillinger, County Attorney, referred the Board to the County Attorney's report for July 2017. Said report is incorporated herein by reference. Mr. Shillinger requested authority to seek an Attorney General's Opinion on whether it is an appropriate use of county tax dollars, however they are generated, to spend money on canals that may have private ownership or state ownership in the underlying dirt, recognizing that the state owns the water colony. Motion was made by Commissioner Murphy and seconded by Commissioner Kolhage granting the authority to the County Attorney to seek an opinion. Motion carried unanimously. Mr. Shillinger advised that Board that the Medical Examiner selection committee had two recommendations for the position. He advised the Board that the first candidate, that was recommended, withdrew his name from consideration. Mr. Shillinger advised the Board that Energy 3 has filed for Chapter 11 bankruptcy protection and that he will give the Board an update at the August meeting. Mr. Shillinger introduced Mr. Gabriel Castiello, who is clerking, with the County Attorney's Office in Marathon. 121 Page 07/19/2017 N5 Mr. Shillinger addressed the Board concerning direction regarding the Sugarloaf Volunteer Fire Department Property. The following individual addressed the Board: Chuck Licis, representing the Sugarloaf Shores Property Owner's Association. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Carruthers granting approval of staff recommendation to file suit against the Sugarloaf Volunteer Fire Department, Inc. and Sugarloaf Wi -Fi, Inc. in Circuit Court and to engage in pre -suit discussion with both parties. Motion carried unanimously. N4 Cynthia Hall, Assistant County Attorney, addressed the Board concerning direction on the County's response to the new rate case initiated by K W Resort Utilities Corp. (PSC Docket No. 170141 -SU). After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Carruthers granting approval of Options 2 & 3, as follows: 2. Take an active part in the litigation, as the County did in PSC Docket No. 150071 -SU; and, 3. Explore options under F. S. 367.171, which provides that a county may, by Resolution or Ordinance, exclude itself from the jurisdiction of the Public Service Commission and become the regulatory body with oversight over utilities under its jurisdiction. Motion carried unanimously. N6 Motion was made by Commissioner Kolhage and seconded by Commissioner Murphy authorizing the County Attorney to seek an Attorney General Opinion on the definition of "premium cost" as used in F.S. 112.0801, regarding health insurance. Motion carried unanimously. COMMISSIONERS' COMMENTS Board discussed issues related to illegal transient rentals with Airbnb, VRBO and homeaway.com. Bob Shillinger, County Attorney; and, Mayte Santamaria, Sr. Director Planning & Environmental Resources, addressed the Board. Mr. Shillinger advised the Board that county staff and a Commissioner would be touring the Big Pine Road Prison facility, at 10:00 a.m. on July 20, 2017, to further explore what potential uses could be put to the property if the Board were to enter into a lease or make an effort to acquire it. He extended an invitation to the Board to attend. He advised the Board that he would report back next month, or at the special meeting, July 25, 2017, if there was anything critical that needed time sensitive discussion. Board discussed the Big Pine Key Park. Board discussed Uber and Lyft. Mr. Shillinger addressed the Board concerning the Constitutional Revision Commission. Kevin Wilson, Assistant County Administrator, addressed the Board concerning Sea Oats Beach and the potential for washing out. Mr. Shillinger announced that the Judicial Nominating Commission has been convened by Governor Scott to make a recommendation, by September 5, 2017, to the Governor for nominees to fill Judge Wayne Miller's seat. He advised that the deadline to file an application is Monday, July 24, 2017 at 5:00 p.m., at the County Attorney's Office. Mayor Neugent returned later in the meeting from the lunch break. 13 1 Page 07/ 19/20 17 PUBLIC HEARINGS 01 A Public Hearing was held to consider adoption of an Ordinance amending Section 18- 27(1)(1), Monroe County Code, to allow animals at the Palm Villa Park and require all dogs at the Palm Villa Park to be accompanied by an adult human owner or handler. There were no public speakers. Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to adopt the following Ordinance. Motion carried unanimously, with Mayor Neugent not present. ORDINANCE NO. 009 -2017 Said Resolution is incorporated herein by reference. 02 A Public Hearing was held to consider adoption of 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;). There were no public speakers. Bob Shillinger, County Attorney addressed the Board. Motion was made by Commissioner Carruthers and seconded by Commissioner Kolhage to continue the item to the October 18, 2017 BOCC meeting. Motion carried unanimously, with Mayor Neugent not present. Mayor Neugent returned to the meeting and took his seat. 03 A Public Hearing was held to consider adoption of a Resolution of the Monroe County Board of County Commissioners approving a Special Permit allowing a Temporary Construction Staging Area for a Canal Restoration/Water Quality Improvement Project at property legally described as Lot 58 and Part of Tract A, The Harborage of Key Largo (Plat Book 6, Page 46), Monroe County, Florida, and having Real Estate Number 00555011- 005800. There were no public speakers. Bob Shillinger, County Attorney; and, Mayte Santamaria, Sr. Director Planning & Environmental Resources, addressed the Board. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to adopt the following Resolution. 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. RESOLUTION NO. 174 -2017 Said Ordinance is incorporated herein by reference. 04 A Public Hearing was held to consider adoption of an Ordinance by the Monroe County Board of County Commissioners to defer the acceptance and approval of new applications for the establishment of medical marijuana dispensing facilities commencing February 15, 2017, until such time as a Comprehensive Plan and Land Development Code amendment process is completed regarding medical marijuana dispensing facilities and providing for expiration within 365 days of the effective date of this interim development ordinance or when the comprehensive plan and land 141 Page 07/19/2017 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. 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. 010 -2017 Said Ordinance is incorporated herein by reference. 05 A Public Hearing was held to consider adoption of an Ordinance by the Monroe County Board of County Commissioners to defer the approval of new private applications or received applications that have not been fully approved utilizing Monroe County Code Section 139 -2 (affordable housing incentive program) to transfer ROGO exemptions from mobile homes to another location, or Section 138 -22(b) to transfer off -site market rate units to another location, commencing March 15, 2017, until the Land Development Code is amended to limit the transfer of ROGO exemptions from mobile homes to only Tier III designated platted lots within the Improved Subdivision (IS) land use district or the Urban Residential Mobile -Home (URM) land use district and within the same ROGO planning subarea for the development of single family detached dwelling units and the receiver property shall not be a working waterfront; as recommended of the Affordable Housing Advisory Committee and the BOCC; 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. There were no public speakers. Mayte Santamaria, Sr. Director Planning & Environmental Resources; and, Christine Hurley, Assistant County Administrator, addressed the Board. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 011 -2017 Said Ordinance is incorporated herein by reference. 06 A Public Hearing was held to consider adoption of an Ordinance by the Monroe County Board of County Commissioners to defer the approval of new applications or received applications that have not been fully approved for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units), with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit, and applications utilizing the term "lock- out," commencing March 15, 2017, until the BOCC can review and possibly amend the comprehensive plan and land development code regarding the definitions of dwelling unit; household; family and the undefined term "lock -out" of a dwelling unit; providing for expiration within 365 days of the effective date of an interim development ordinance or when the comprehensive plan and 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. There were no public speakers. Motion was made by Commissioner Murphy and seconded by Commissioner Kolhage to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 012 -2017 Said Ordinance is incorporated herein by reference. 07 A Public Hearing was held to consider adoption of an Ordinance amending Chapter 26 of the Monroe County (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 pumpout Keys- 15 1 Page 07/ 19/20 17 wide. There were no public speakers. Mayte Santamarie, Sr. Director Planning & Environmental Resources, requested that this item by continued to the August 16, 2017 BOCC meeting. Motion was made by Commissioner Kolhage and seconded by Commissioner Murphy to continue the item. Motion carried unanimously. 08 A Public Hearing was held to consider installation of a gate on Old State Road 939, Upper Sugarloaf to restrict access to state property within the Florida Keys Wildlife & Environmental Area in accordance with Monroe County Code Section 19 -8. There were no public speakers. Judith Clarke, Director of Engineering /Roads, addressed the Board. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Carruthers granting approval of the item. Motion carried unanimously. MISCELLANEOUS DISCUSSION Mr. Shillinger addressed the Board concerning the litigation with the Marine Mammal Conservancy, Inc. Board discussed issues at the Murray E. Nelson Government Center Park. Rich Jones, Sr. Administrator, Environmental Resources, addressed the Board concerning an identification program for local fishing guides. Mr. Jones advised the Board that the FFWCC is evaluating the situation. 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 Mamma ' D.C. 161 Page 07/19/2017