08/16/2017 RegularMINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, August 16, 2017
Key West, Florida
A regular meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m.
at the Harvey Government Center. Present and answering to roll call were Commissioner Danny
Kolhage, Commissioner Sylvia Murphy, Commissioner David Rice and Mayor George Neugent. Absent
was Commissioner Heather Carruthers. 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 Kolhage and seconded by Commissioner Rice granting
approval of the Additions, Corrections and Deletions to the agenda. Motion carried unanimously.
PRESENTATION OF AWARDS
B1 Presentation of Honorary Conch Certificates to Dan Clark, Refuge Manager, US Fish &
Wildlife Service and his team, Christine Ogura, Kristie Killan and Kate Watts.
B2 Motion was made by Commissioner Kolhage and seconded by Commissioner Rice to add a
Resolution to the agenda concerning Judge Wayne Miller. Motion carried unanimously.
Motion was made by Commissioner Kolhage and seconded by Commissioner Rice to adopt the
following Resolution naming the Jury Assembly Room located at the Freeman Justice Center, 302
Fleming Street, Key West, Florida as the "Judge Wayne Miller Jury Assembly Room ". Motion carried
unanimously. The Board presented the Honorable Judge Wayne Miller with the Resolution.
RESOLUTION NO. 176 -2017
Said Resolution is incorporated herein by reference.
BULK APPROVALS
Motion was made by Commissioner Rice and seconded by Mayor Neugent granting approval of
the following items by unanimous consent:
C1 Board granted approval 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.
C2 Board granted 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.
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C3 Board granted approval to award bid and authorized execution of a 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 ($9,049,500.00 approximate). Additional anticipated funding sources include:
$1,060,000.00 -PFC Application 417, $450,000.00 - FDOT Grant and Airport Operating Fund 404 (as
needed).
C4 Board granted 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.
C5 Board granted approval and authorized execution 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.
C6 Board adopted the following Resolution adopting the revised rates and fees for the County's
Specialty Hauler Program.
RESOLUTION NO. 177 -2017
Said Resolution is incorporated herein by reference.
C7 Board granted 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).
C8 Board granted approval of the receipt of monthly Change Orders for the month of July reviewed
by the County Administrator /AssistantAdministrator. Said list is incorporated herein by reference.
C9 Board granted 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.
CIO Board adopted the following Resolutions for the Transfer of Funds and for the Receipt of
Unanticipated Funds:
Transfer of Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 178 -2017
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 179 -2017
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 180 -2017
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 181 -2017
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 182 -2017
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 183 -2017
Said Resolution is incorporated herein by reference.
C11 Board granted approval to advertise a Request for Proposals for FEMA Public Assistance
Consulting Services.
C12 Board granted approval to rescind Item C16, Modification 41 to Low Income Home Energy
Assistance Program (LIHEAP) Subgrant Agreement 417EA- 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 July 19, 2017 Regular BOCC meeting.
C13 Board granted approval and authorized execution of Amendment No. 001 to Standard Contract
4AA -1729, Older Americans Act (OAA) between the Alliance for Aging, Inc., (AAA) and the
Monroe County Board of County Commissioners /Monroe County Social Services /In -Home Services
and Nutrition Programs for the contract period of January 1, 2017 through December 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.
TOURIST DEVELOPMENT COUNCIL
DI Announcement of one vacant position on the Tourist Development Council District V
Advisory Committee for one "At Large" appointment.
D2 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.
D3 Board granted approval and authorized execution of the 1 s' 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.
D4 Board granted approval and authorized execution of the 1 s' Amendment to extend Agreement
with Dolphin Research Center, Inc. (DRC) for the DRC ADA Parking, Walkway, Landscaping and
Fencing of Welcome Center Building project.
D5 Board granted approval and authorized execution of the 1S Amendment to extend Agreement
with Florida Keys History and Discovery Foundation, Inc. for the Jerry Wilkinson Research Library
Proj ect.
D6 Board granted approval and authorized execution of the 3r Amendment to extend Agreement
with Dolphin Research Center, Inc. (DRC) for the DRC Construct Welcome Center Building Project.
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D8 Board granted approval and authorized execution 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.
SHERIFF'S OFFICE
I1 Board granted approval of the request for expenditures from the Law Enforcement Trust Fund in
the amount of $4,500.00, as follows: to help the MCSO Animal Farm with items needed for various
annual events including "Easter on the Farm" and "Christmas on the Farm" for the year 2017.
COMMISSIONERS' ITEMS
J1 Board adopted the following 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.
RESOLUTION NO. 184 -2017
Said Resolution is incorporated herein by reference.
J3 Board granted approval of Commissioner Kolhage's appointment of Christina Spottswood to the
Art in Public Places Committee, replacing Nance Frank who resigned, with a term expiring November 1,
2020.
J4 Board granted approval of Commissioner Kolhage's appointment of Bill Gordon to the Key West
Ad Hoc Committee on Noise, replacing Paul DePoo, with a term that expires with the duration of the
committee.
J5 Board adopted the following 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.
RESOLUTION NO. 185 -2017
Said Resolution is incorporated herein by reference.
J6 Board granted approval of Commissioner Murphy's reappointment of George L. Fernandez to the
TDC Board, with a term expiring August 16, 2021.
J7 Board adopted the following Resolution recommending Elizabeth "Betsy" Langan for appointment
to the Board of Directors for the South Florida Behavioral Health Network, Inc.
RESOLUTION NO. 186 -2017
Said Resolution is incorporated herein by reference.
COUNTY CLERK
K2 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.
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K3 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.
K4 Approval of Tourist Development Council expenses for the month of July 2017, as follows:
Advertising, in the amount of $1,754,094.80; Bricks & Mortar Projects, in the amount of $114,301.64;
Events, in the amount of $213,181.19; Office Supplies & Operating Costs, in the amount of
$43,138.18; Personnel Services, in the amount of $165,874.01; Public Relations, in the amount of
$213,004.78; Sales & Marketing, in the amount of $127,236.97; Telephone & Utilities, in the amount
of $19,829.73; Travel, in the amount of $20,822.44; Visitor Information Services, in the amount of
$101,051.69.
K5 Approval of BOCC Warrants (including payroll) for the month of July 2017, 10029708-
10025764 - 10026771 (AP); 50003091 - 50003191 (PR Check); 3082521- 3083612 (PR Voucher); 22319-
22424 (WC), as follows: 001 General Fund, in the amount of $4,205,066.43; 101 Fine & Forfeiture
Fund, in the amount of $3,808,961.89; 102 Road & Bridge Fund, in the amount of $379,888.54; 115
TDC District Two Penny, in the amount of $521,313.89; 116 TDC Admin & Promo 2 Cent, in the
amount of $1,264,417.09; 117 TDC District 1,3 Cent, in the amount of $691,708.26; 118 TDC District
2,3 Cent, in the amount of $42,632.63; 119 TDC District 3,3 Cent, in the amount of $137,397.44; 120
TDC District 4,3 Cent, in the amount of $50,169.14; 121 TDC District 5,3 Cent, in the amount of
$83,383.66; 125 Gov Fund Type Grants, in the amount of $1,054,476.44; 141 Fire & Amb Dist 1
L &M Keys, in the amount of $670,338.80; 147 Uninc Svc Dist Parks &Rec, in the amount of
$148,576.47; 148 Plan, Build, Zoning, in the amount of $476,561.96; 149 Municipal Policing, in the
amount of $563,530.85; 150 911 Enhancement Fee, in the amount of $41,811.12; 152 Duck Key
Security Dist, in the amount of $5,785.93; 153 Local Housing Assistance, in the amount of $53,779.00;
157 Boating Improvement Fund, in the amount of $34,359.08; 158 Misc Special Revenue Fund, in the
amount of $25,672.46; 160 Environmental Restoration, in the amount of $5,093.35; 163 Court
Facilities, in the amount of $6,906.81; 164 Drug Abuse Trust Fund, in the amount of $7,725.75; 180
Building Fund, in the amount of $306,170.15; 304 1 Cent Infra Surtax, in the amount of
$1,588,298.04; 308 Infrastructure Sales Tax Revenue Bond, in the amount of $218.61; 312 Cudjoe
Regional WW Proj, in the amount of $6,007,061.24; 314 Series 2014 Revenue Bonds, in the amount of
$235,602.90; 316 Land Acquisition, in the amount of $9,000.00; 401 Card Sound Bridge, in the
amount of $175,583.74; 403 Marathon Airport, in the amount of $188,904.99; 404 Key West Intl
Airport, in the amount of $915,518.12; 414 MSD Solis Waste, in the amount of $1,845,480.47; 501
Worker's Compensation, in the amount of $121,577.84; 502 Group Insurance Fund, in the amount of
$1,862,243.17; 503 Risk Management Fund, in the amount of $37,208.10; 504 Fleet Management
Fund, in the amount of $139,260.71; 610 Fire /EMS LOSAP Trust Fund, in the amount of $4,750.00.
K6 Board granted approval to dispose of items declared surplus. Said items are incorporated herein by
reference.
COUNTY ADMINISTRATOR
L7 Board granted approval and authorized execution of Amendment No. 1 to the Contract with
Parsons Engineering, Inc. in an amount not to exceed $22,235.00 to provide additional professional
consulting services to assist the County with technical negotiations of the mobile LiDAR services
contract and to review the survey data to be provided by the LiDAR vendor.
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COUNTY ATTORNEY
M2 Board granted approval of settlement agreement in Allan Kennish v. Monroe County, Case
No. 16 -CA -182 -K and authorized the County's outside counsel to execute the Stipulation for Dismissal
with Prejudice.
M3 Board granted approval to advertise a Public Hearing to consider adoption of an Ordinance
amending MCC §2- 347(e) (2) and (h) (5); and replacing (1) (1) f. relating to competitive bidding
procedures.
M7 Board granted approval and authorized execution of the 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.
Motion carried unanimously.
TOURIST DEVELOPMENT COUNCIL
D7 The following individual addressed the Board concerning approval of the Fiscal Year 2017 -2018
Monroe County Tourist Development Council Marketing Plan: Dottie Moses, representing the Island of
Key Largo Federation of Homeowner Association. Mayte Santamaria, Sr. Director Planning &
Environmental Resources; and Harold Wheeler, Director Tourist Development Council, addressed the
Board. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner
Rice to approve the Plan, excluding the reference to a major wedding & honeymoon destination, until the
County can get a better idea on what we can do about this in terms of code enforcement. Roll call vote
carried unanimously.
STAFF REPORTS
E1 Lisa Tennyson, Director of Legislative Affairs, gave the Board an update on the trip to
Tallahassee. Ms. Tennyson advised the Board that they attended 15 meetings in the day and a half that
they were there. She advised that a lot of the meetings had to do with accelerating land purchase by the
state. She advised that they met with the new DOT, Chief of Staff, Secretary Mike Dew and updated him
on DOT issues in Monroe County; and talked with DEP, Bureau of Public Lands regarding the Big Pine
Road Prison property. Bob Shillinger, County Attorney; and Roman Gastesi, County Administrator,
addressed the Board concerning the Big Pine Road Prison. Ms. Tennyson advised that they also met with
the state's department of emergency management to discuss the need for a new EOC. Ms. Tennyson
advised the Board that there were several handouts in the folder, from the trip, that she handed out earlier
in the day, for the Boards review.
COUNTY ADMINISTRATOR
L4 Rhonda Haag, Sustainability Coordinator, addressed the Board concerning 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 $50,000.00-
$75,000.00 /year, which is not budgeted. Greg DeAngelo, Deputy Division Director with the DEP, gave
a Power Point Presentation titled Florida Keys Reasonable Assurance Water Quality Monitoring. Roman
Gastesi, County Administrator, addressed the Board. The following individual addressed the Board: Deb
Curlee. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner
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Murphy to approve the item that is on the agenda and directed staff to work with DEP to expand the scope
for additional testing to determine the effect, of the condition, that the canals are having on the WBID
(water body identification) or halo zones. Motion carried unanimously.
L5 The following individual addressed the Board concerning approval a $70,884.00 Grant
Application to EPA for the final phase of the Canal Implementation Plan, seeking $65,159.00 of grant
funds, and offering $5,725.00 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: Stuart Schaffer. Rhonda Haag, Sustainability
Coordinator, addressed the Board. After discussion, motion was made by Commissioner Rice and
seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously.
COMMISSIONERS' ITEMS
J2 Roman Gastesi, County Administrator; James Callahan, Fire Chief, and, Bob Shillinger, County
Attorney, addressed the Board concerning 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. After discussion, motion was made by Commissioner Rice
and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously.
MISCELLANEOUS ITEM
Mr. Gastesi requested that the Board consider an amendment to the 2018 Capital Improvement
Plan in the amount of $2 million to build a gun range in Marathon, at the Florida Keys Marathon Airport,
for the Sheriffs Office. Sheriff Rick Ramsay addressed the Board. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Rice for the county to build the building and for
the Sheriff to fund the inside of the building. Roll call vote carried unanimously.
PLANNING & ENVIRONMENTAL, BUILDING &
CODE COMPLIANCE DEPARTMENTS
H3 Bob Shillinger, County Attorney; and Sheriff Rick Ramsay addressed the Board concerning
approval to advertise a Public Hearing to adopt an Ordinance amending Chapter 26 of the Monroe
County Code of Ordinances, deleting the Idle Speed/No Wake boating restricted area for man-made
water bodies, and adding a Slow Speed/Minimum Wake boating restricted area for canals less than 75'
in width from shoreline to shoreline. The Board continued discussion of this item after the lunch break.
H1 Mr. Shillinger addressed the Board concerning a 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
credits (LIHTC). After discussion, motion was made by Commissioner Kolhage and seconded by
Commissioner Rice to rescind approval of the item. Motion carried unanimously.
H2 Mr. Shillinger addressed the Board concerning approval an Interlocal Agreement (ILA) between
Monroe County and City of Marathon transferring 52 low income and 3 very low income (55 total
allocations) Affordable Housing ROGO Allocations from Monroe County to the City of Marathon for
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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. Motion was made by Commissioner Murphy and
seconded by Commissioner Rice granting approval and authorizing execution of the item. Motion carried
unanimously.
H3 Rich Jones, Sr. Administrator Marine Resources; Mayte Santamaria, Sr. Director Planning &
Environmental Resources; and Bob Shillinger, County Attorney, addressed the Board concerning approval
to advertise a Public Hearing to adopt an Ordinance amending Chapter 26 of the Monroe County
Code of Ordinances, deleting the Idle Speed/No Wake boating restricted area for man -made water
bodies, and adding a Slow Speed/Minimum Wake boating restricted area for canals less than 75' in
width from shoreline to shoreline. After discussion, motion was made by Commissioner Murphy and
seconded by Commissioner Kolhage granting approval of the item, with approval of Option D,
City /State /DOT boat ramps, for Canal Speed Signage, and to educate the public. Roll call vote carried
unanimously.
STAFF REPORT
E2 Kevin Wilson, Assistant County Administrator, gave a Power Point Presentation. Mr. Wilson
advised the Board that Bernstein Park should be ready for use in early November; that the Crawl Key
Training Facility is done and an official opening will be held in October; gave an update on the Big Pine
Key Park; and discussed the waterfront issues at the Murray Nelson Government Center. Board discussed
managed mooring fields. Bob Shillinger, County Attorney; Rich Jones, Sr. Administrator Marine
Resources, and Lisa Tennyson, Director Legislative Affairs, addressed the Board.
COUNTY ADMINISTRATOR
L1 Roman Gastesi, County Administrator, directed the Board to the County Administrator's Monthly
Report for July 2017. Said report is incorporated herein by reference. Mr. Gastesi introduced Kimberly
Matthews who was hired as the new Director of Strategic Planning. Ms. Matthews addressed the Board.
L2 Rhonda Haag, Sustainability Coordinator, addressed the Board concerning approval to negotiate a
contract with Adventure Environmental, Inc., the highest ranked respondent, for the backfilling of
canal 75 in Key Largo, whose proposal price of $1,216,000.00 is $184,000.00 below the
engineer's estimate of $1.4 Million, to be funded in full by the $1.5M DEP Stewardship Grant LP44073.
After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice
granting approval of the item. Roll call vote carried unanimously.
L3 Bob Shillinger, County Attorney; and Pedro Mercado, Assistant County Attorney, addressed the
Board concerning approval of a $0 access Agreement with The Harborage Condo Corporation, Inc. to
grant a temporary easement property use during the backfilling of canal 75 in Rock Harbor in Key Largo.
After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice
granting approval and authorizing execution of the item. Motion carried unanimously.
L6 The following individual addressed the Board concerning approval to advertise a Request for
Proposals for a demonstration project for canal debris removal and hauling for the Key Largo area: Dotti
Moses. Rhonda Haag, Sustainability Coordinator; Cynthia Hall, Assistant County Attorney; and Roman
Gastesi, County Administrator, addressed the Board. Board directed staff to advertise a Public Hearing
for the September meeting for adoption of an Ordinance setting up a county wide MSBU for canal
projects. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner
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Rice granting approval of the item, and to add in the municipalities and the additional unincorporated
Monroe as options. Roll call vote was taken with the following results:
Commissioner Kolhage
No
Commissioner Murphy
Yes
Commissioner Rice
Yes
Mayor Neugent
Yes
Motion carried.
L8 Rhonda Haag, Sustainability Coordinator, addressed the Board concerning approval to advertise a
Request for Proposals for the combined operations and maintenance of the County's air curtains on
canals. Motion was made by Commissioner Rice and seconded by Commissioner Murphy granting
approval of the item. Roll call vote was taken with the following results:
Commissioner Kolhage
No
Commissioner Murphy
Yes
Commissioner Rice
Yes
Mayor Neugent
Yes
Motion carried.
COUNTY ATTORNEY
MI Bob Shillinger, County Attorney, directed the Board to the County Attorney Report for August
2017. Said report is incorporated herein by reference. Mr. Shillinger advised the Board that his report
also included links to the County's briefs if the Board wants further reading on the positions that are
being taken at the appellate court level. He advised the Board that the county received a very favorable
ruling in the Cohen case. Mr. Shillinger advised the Board that the case is going to be appealed and
requested the Boards support to enforce the deed restriction. The Board granted approval of staffs request
to enforce the deed restriction. Mayte Santamaria, Sr. Director Planning & Environmental Resources,
addressed the Board.
Commissioner Rice excused himself from the meeting.
M4 Mr. Shillinger requested 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 and read the
required language into the record. Motion was made by Commissioner Kolhage and seconded by
Commissioner Murphy to hold the Closed Session. Motion carried unanimously, with Commissioner
Rice not present.
M5 Mr. Shillinger requested 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
and read the required language into the record. Motion was made by Commissioner Murphy and
seconded by Commissioner Kolhage to hold the Closed Session. Motion carried unanimously, with
Commissioner Rice not present.
M6 Mr. Shillinger addressed the Board concerning direction to the County Attorney's Office to draft
regulations that would authorize the use of electronic signatures on all County documents permitted by
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law. Motion was made by Commissioner Murphy and seconded by Commissioner Kolhage granting
approval of the item. Motion carried unanimously, with Commissioner Rice not present.
Commissioner Rice returned to the meeting and took his seat.
M8 Mr. Shillinger addressed the Board concerning direction regarding the Constitutional Revision
Commission (CRC) of Florida. He advised the Board that the CRC announced that September 22, 2017 is
the proposed deadline for public entities or members of the public to submit their own proposals. The
Board took no official action.
M9 Mr. Shillinger addressed the Board concerning approval of the 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. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Kolhage to continue the item for a month and
directed staff to get a market appraisal for the value of the land that belongs to Monroe County and to
incorporate that amount into the rent. Motion carried unanimously.
PUBLIC HEARINGS
N 1 A Public Hearing was held to consider adoption of an Ordinance amending Section 18-
27(c)(1) and adding a special section in Chapter 18, Article 11 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. There were no public speakers. Motion was made by Commissioner Rice and seconded by
Commissioner Kolhage to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 013 -2017
Said Ordinance is incorporated herein by reference.
N2 A Public Hearing was held to consider adoption of 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. Mayte Santamaria, Sr. Director Planning &
Environmental Resources, advised the Board that the application was withdrawn by the applicant.
N3 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
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
400124400.000000; 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
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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. 014 -2017
Said Ordinance is incorporated herein by reference.
N4 A Public Hearing was held to consider adoption of an Ordinance amending Chapter 26 of the
Monroe 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 pump out Keys -wide.
The following individual addressed the Board: Bill Hunter. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Murphy to adopt the following Ordinance. Motion
carried unanimously.
ORDINANCE NO. 015 -2017
Said Ordinance is incorporated herein by reference.
N5 A Public Hearing was held to consider adoption of 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 KW Resort Utilities Corp. There were no
public speakers. Motion was made by Commissioner Murphy and seconded by Commissioner Kolhage to
adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 187 -2017
Said Resolution is incorporated herein by reference.
N6 A Public Hearing was held to consider adoption 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. There were no public speakers.
Motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 188 -2017
Said Resolution is incorporated herein by reference.
COUNTY ATTORNEY
01 Bob Shillinger, County Attorney requested 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., Filing 460084602 at the September 20, 2017 BOCC meeting in Key Largo, FL at 1:30
p.m. or as soon thereafter as may be heard and read the required language into the record. After discussion,
motion was made by Commissioner Murphy and seconded by Commissioner Kolhage to hold the Closed
Session. Motion carried unanimously.
02 Mr. Shillinger addressed the Board concerning 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).
Board directed staff to submit the Resolutions that have previously been adopted, under a cover letter
stating that these are our official comments and that the Board opposes the application until FPL cleans
up their act.
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03 Mr. Shillinger requested 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 and read the required language into the
record. Motion was made by Commissioner Kolhage and seconded by Commissioner Rice to hold the
Closed Session. Motion carried unanimously.
COMMISSIONERS' COMMENTS
Board discussed destination weddings; noise from outdoor entertainment; traffic; boating
problems; staffing issues; and the use of bed tax dollars to address tourist impacts. Bob Shillinger, County
Attorney; and, Roman Gastesi, County Administrator, addressed the Board.
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.
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