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11/14/2017 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Tuesday, November 14, 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 Heather Carruthers, Commissioner Danny Kolhage, Commissioner Sylvia Murphy, Commissioner George Neugent and Mayor David Rice. 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. PRESENTATION TO MAYOR NEUGENT COMMENTS FROM COMMISSIONERS A/B The Commissioners thanked Mayor Neugent for his service, especially during and after Hurricane Irma, and presented him with a gift. Mayor Neugent announced that Coldwell Banker Smith Charity Foundation, Ocean Reef Community Foundation and the Florida Keys Recovery Foundation have funds to distribute to those impacted by Hurricane Irma, and that the application is available online at www.00ddeedsinthekeys.or . COMMISSION ORGANIZATION C1 Motion was made by Commissioner Murphy and seconded by Commissioner Kolhage to nominate Commissioner Rice as Mayor for the Board of County Commissioners. Motion carried unanimously. Motion was then made by Commissioner Kolhage and seconded by Commissioner Rice to nominate Commissioner Murphy as Mayor Pro Tem for the Board of County Commissioners. Motion carried unanimously. Board adopted the following Resolution electing the Mayor and Mayor Pro Tem for the Board of County Commissioners. RESOLUTION NO. 300 -2017 Said Resolution is incorporated herein by reference. C2 Motion was made by Commissioner Kolhage and seconded by Commissioner Murphy to adopt the following Resolution authorizing the Mayor and Clerk of the Board to sign all warrants, legal documents and any other necessary papers and documents; and stating that the presently authorized signatures validating County checks are hereby continued for sixty days from this date in order to meet payroll and necessary obligations. Motion carried unanimously. RESOLUTION NO. 301 -2017 Said Resolution is incorporated herein by reference. C3 Board discussed the Board of County Commissioners monthly meeting dates for 2018. Bob Shillinger, County Attorney; and Roman Gastesi, County Administrator, addressed the Board. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Carruthers to 11 Page 1 1/14/20 17 approve the 3r week schedule for the monthly meeting date, but changing the November 21, 2017 meeting date to November 20, 2017. Motion carried unanimously. The monthly meeting dates are attached hereto. CLOSED SESSIONS N2 Mr. Shillinger advised the Board that the Attorney - Client Closed Session in the matter of Sugarloaf Wi- Fi, Inc., assignee of Keys Wi -Fi, Inc. v. Board of Commissioners of Monroe County, Case No. 2017 -CA -714 -K was resolved by the courts. N1 Mr. Shillinger requested that the Attorney - Client Closed Session in the matter of Board of County Commissioners of Monroe County, FL vs. Sugarloaf Volunteer Fire Department, et al., Case No. CA -K -17 -631 be continued to the December meeting. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Murphy to delete Item N2 from the agenda and to continue Item N 1 to the December meeting. Motion carried unanimously. ADDITIONS, CORRECTIONS, DELETIONS DI Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS El Presentation of Years of Service Award for 15 years of service to Rick Hickman, Firefighter EMT. E2 Presentation of 3rd Quarter Employee Service Award to Michael Basham, Supervisor of Solid Waste and Recycling. BULK APPROVALS Motion was made by Commissioner Neugent and seconded by Commissioner Carruthers granting approval of the following items by unanimous consent: F1 Board granted approval and authorized execution of the Third Amendment, Second Renewal Agreement with CPI -U adjustment of 2.1% with EE & G Environmental Services, LLC for professional beach cleaning, maintenance and beautification at Higgs Beach, Key West including the children's fenced in play area/beach side on weekends. TDC is the funding source. F2 Board granted approval to reject the lowest bid as non - responsive and to award bid and approve a Contract with New Life Painting & Home Improvement, Inc. for the painting and additional exterior repairs of the Marathon Government Center Building in the amount of $49,888.00, funded by the one- cent infrastructure tax. F3 Board granted approval and authorized execution of the State of Florida Department of Transportation Joint Participation Agreement Number GOR02 providing funding of $400,000.00 for Marathon Airport Storage /Maintenance Building at the Florida Keys Marathon International Airport, to be funded 80% FDOT and 20% Marathon Airport Operating funds. F4 Board granted approval and authorized execution of the State of Florida Department of Transportation Joint Participation Agreement Number GOR03 providing funding of $30,000.00 for Key 21 Page 11/14/2017 West International Airport Taxiway Rehab, to be funded 50% FDOT and 50% Key West International Airport operating funds. F5 Board granted approval and authorized execution of the State of Florida Department of Transportation Joint Participation Agreement Number GOR04 providing funding of $230,000.00 for Key West International Airport Building and Security Improvements, to be funded 50% FDOT and 50% Key West Airport operating funds. F6 Board granted approval and authorized execution of the State of Florida Department of Transportation Joint Participation Agreement Number GOR05 providing funding of $130,000.00 for Key West International Airport Terminal Building Improvements, to be funded 50% FDOT and 50% Key West Airport operating funds. F7 Board granted approval and authorized execution of the State of Florida Department of Transportation Supplemental Joint Participation Agreement Number One to Contract Number GOE77 providing increased funding of $300,000.00 for Planning Studies at the Key West International Airport, to be funded 50% FDOT and 50% Key West Airport operating funds. F8 Board adopted the following Resolution authorizing the write -off of 124 Fire Rescue air ambulance accounts receivable for Calendar Year 2013, totaling $951,673.39 from Fire and Forfeiture Fund. (In Calendar Year 2013, $1,957,270.93 was collected and deposited into accounts receivable.) RESOLUTION NO. 302 -2017 Said Resolution is incorporated herein by reference. F9 Board adopted the following Resolution authorizing the write -off of 434 Fire Rescue ground ambulance accounts receivable for Calendar Year 2013, totaling $279,375.88 from Fire and Ambulance District 1 L &M Key Fund (141). (In Calendar Year 2013, $526,392.92 was collected and deposited into accounts receivable.) RESOLUTION NO. 303 -2017 Said Resolution is incorporated herein by reference. F10 Board adopted the following Resolution authorizing the write -off of 105 accounts receivable covering the time period of 2014 through August 2017 totaling $1,086,179.69 for Monroe County residents who qualified for the Trauma Star Air Ambulance Waiver Program. From January 1, 2014 through August 31, 2017, the amount of $12,007,635.70 was collected and deposited into accounts receivable for Trauma Star services. RESOLUTION NO. 304 -2017 Said Resolution is incorporated herein by reference. F11 Board granted approval and authorized execution of Jacobs Project Management Co.'s Task Order No. 12/15 -15 for the Services Authorized: Baggage Conveyor System Upgrade- Design Assessment and Construction Phase Services PSO415 in the amount of $50,504.00 to be funded 100% by Passenger Facility Charge (PFC 416). F12 Board granted approval and authorized execution of a three year Airport Operating Agreement with Lyft, Inc. to operate its transportation network business at the Key West International Airport effective July 1, 2017 through June 30, 2020. 3 1 Page 1 1/14/2017 F13 Board granted approval and authorized execution of a three year Airport Operating Agreement with Rasier -DC, LLC (Uber) to operate its transportation network business at the Key West International Airport effective July 1, 2017 through June 30, 2020. F14 Board granted approval to ratify the Second Amendment to the Contract for Professional Services with Architects Design Group, Inc. (ADG), for the revised design and budget of a new Emergency Operations Center in Marathon. F15 Board granted approval of the second option to renew the Contract with Air Mechanical & Service Corp. for central air conditioning maintenance and repairs at Middle Keys facilities with a 2.1% CPI -U adjustment. Ad valorem is the funding source. F16 Board granted approval to exercise the first option to renew the Contract with Maverick United Elevator, LLC. for complete elevator service maintenance with a 2.1% CPI -U adjustment. Ad valorem is the funding source. F17 Board granted approval to negotiate a Contract with Biltmore Construction Company Inc., the highest ranked respondent, for Construction Manager at Risk Services for a new Plantation Key Judicial Courthouse and Detention Facility. If negotiations are not successful, approval to negotiate with next ranked respondent. F18 Board granted approval and authorized execution of Amendment No. 3 to Agreement for Disposal of Remains between Allen Funeral Directors, LLC, d/b /a Allen -Beyer Funeral Home and Monroe County BOCC/Monroe County Social Services to extend the term of the agreement by two years to a contract period of October 16, 2017 through October 15, 2019. F19 Board granted approval and authorized execution of Amendment No. 3 to Agreement for Disposal of Remains between Dean -Lopez Funeral Home and Monroe County BOCC /Monroe County Social Services to extend the term of the agreement by two years to a contract period of October 16, 2017 through October 15, 2019. F20 Board granted approval and authorized execution of Amendment No. 3 to Agreement for Disposal of Remains between Castillo & Thurston's Key West Mortuary and Monroe County BOCC /Monroe County Social Services to extend the term of the agreement by two years to a contract period of October 16, 2017 through October 15, 2019. F21 Board granted approval and authorized execution of the Fourth Amendment, Third Renewal Agreement with Black Fire Protection, Inc. for "Full Maintenance — Fire Protection Systems ". The contract amount is adjusted for CPI by 2.1 %. Ad valorem is the funding source. F22 Board granted approval for the Key West, Marathon, and Key Largo Branch Libraries to close at 6:00 pm on Wednesday, November 22, 2017. F23 Board granted approval and authorized execution of the Fiscal Year 2018 Agreement with Monroe Council of the Arts Corporation d/b /a Florida Council of the Arts in the amount of $72,765.00. F25 Board granted approval of the monthly Change Orders for the months of September through October, reviewed by the County Administrator /Assistant Administrator. Said report is incorporated herein by reference. 41 Page 11/14/2017 F26 Board adopted the following Resolution requesting the Florida Department of Transportation and United States Department of Transportation to replace the Snake Creek Bridge with a fixed bridge or tunnel to allow an unrestricted flow of vehicle and vessel traffic and that can accommodate two north bound lanes of evacuating traffic. RESOLUTION NO. 305 -2017 Said Resolution is incorporated herein by reference. F27 Board granted approval and authorized execution of Amendment #001 to Nutrition Service Incentive Program Contract US -1751 between the Alliance for Aging, Inc., and Monroe County Board of County Commissioners /Monroe County Social Services for the contract year 2017 (01/01/17 through 12/31/17) to de- obligate $976.54. This changes the contract amount from $33,463.01 to $32,486.47. F28 Board granted approval and authorized execution of Amendment 4002 to Older Americans Act Contract AA -1729 between the Alliance for Aging, Inc., and Monroe County Board of County Commissioners /Monroe County Social Services to increase funding by $1,117.24 for the 2017 contract period (01/01/17- 12/31/17). This amendment changes the total contract funding from $637,986.44 to $639,103.68. F29 Board granted approval and authorized execution of an Amendment to Agreement with Florida Keys Healthy Start Coalition, Inc., to extend the Fiscal Year 2017 Grant Agreement period and unexpended budget, $2,750.00, through October 31, 2017. F31 Board granted approval to advertise a Public Hearing for Budget Amendments for various funds in Fiscal Year 2018 F32 Board adopted the following Resolutions for the transfer of funds and the receipt of unanticipated funds: Transfer of Funds (OMB Schedule Item No. 1). RESOLUTION NO. 306 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 2). RESOLUTION NO. 307 -2017 Said Resolution is incorporated herein by reference. Amending Resolution No. 233 -2017 (OMB Schedule Item No. 3). RESOLUTION NO. 308 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 309 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 5). RESOLUTION NO. 310 -2017 Said Resolution is incorporated herein by reference. 5 1 Page 1 1/14/2017 Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 311 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 312 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 313 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 9). RESOLUTION NO. 314 -2017 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 315 -2017 Said Resolution is incorporated herein by reference. Amending Resolution No. 232 -2017 (OMB Schedule Item No. 11). RESOLUTION NO. 316 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 317 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 318 -2017 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 14). RESOLUTION NO. 319 -2017 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 320 -2017 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). RESOLUTION NO. 321 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 322 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 323 -2017 Said Resolution is incorporated herein by reference. 61 Page 1 1/14/20 17 Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 324 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 325 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 326 -2017 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 22). RESOLUTION NO. 327 -2017 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 23). RESOLUTION NO. 328 -2017 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 24). RESOLUTION NO. 329 -2017 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 25). RESOLUTION NO. 330 -2017 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 26). RESOLUTION NO. 331 -2017 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 27). RESOLUTION NO. 332 -2017 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 28). RESOLUTION NO. 333 -2017 Said Resolution is incorporated herein by reference. F33 Board granted approval of a General Fund Transfer for the Sheriff to transfer funds for Fiscal Year 2017 between functional distributions in accordance with F.S. chapter 30.49(2)(a). HURRICANE IRMA RECOVERY G3 Board granted approval to ratify and authorized execution of an Agreement with DRC Emergency Services, LLC to provide Disaster Response and Recovery service and to perform services in the area of MM 16- MM40 as needed in order to continue debris collection and hauling in this area upon removal of the Florida Department of Transportation contractors that were previously handling debris services. 71 Page 11/14/2017 G4 Board granted approval and authorized execution of Amendment No. 5 to the Contract with M.T. Causley, Inc., to modify Section II, Scope of Services, to add emergency protective measures following Hurricane Irma. G9 Board granted approval of invoices over $50,000.00 relating to the declared State of Local Emergency on September 5, 2017 due to Hurricane Irma, in accordance with Chapter 7(B) Emergency Purchases of the Monroe County Purchasing Policy. G11 Board adopted the following Resolution approving the airport policy for distribution of American Association of Airport Executives & Airports Council International Hurricane disaster Relief Grant Funds as set forth by the Director of Airports, and adopted the following Resolution concerning the receipt of unanticipated funds. RESOLUTION NO. 334 -2017 Said Resolution is incorporated herein by reference. RESOLUTION NO. 334A -2017 Said Resolution is incorporated herein by reference. SUPERVISOR OF ELECTIONS L1 Board adopted the following Resolution altering existing election precinct lines to follow census lines at the request of the Supervisor of Elections. RESOLUTION NO. 335-2017 Said Resolution is incorporated herein by reference. SHERIFF'S OFFICE 01 Board granted approval of the reappointment of Susan Harrison and Debby Goodman to the Shared Asset Forfeiture Fund Board. HEALTH DEPARTMENT Pi Board granted approval and authorized execution of a Contract between Monroe County Board of County Commissioners and the State of Florida, Department of Health for operation of the Monroe County Health Department - Contract Year 2017 -2018. COUNTY CLERK RI Board granted approval of the Board of County Commissioner minutes from the regular meeting of August 16, 2017; budget meeting of September 5, 2017; special meeting of September 27, 2017; and the final budget meeting of September 27, 2017. R2 Board granted approval of Tourist Development Council expenses for the Month of October 2017, as follows: Advertising, in the amount of $2,435,578.66; Bricks & Mortar Projects, in the amount of $563,432.14; Events, in the amount of $49,672.46; Office Supplies & Operating Costs, in the amount of $50,073.30; Personnel Services, in the amount of $110,199.31; Public Relations, in the amount of $226,888.29; Sales & Marketing, in the amount of $260,610.88; Telephone & Utilities, in 81 Page 11/14/2017 the amount of $15,175.26; Travel, in the amount of $22,321.97; Visitor Information Services, in the amount of $103,508.72. R3 Board granted approval to dispose of items declared surplus. Said list is incorporated herein by reference. R4 Board granted approval BOCC Warrants (Including Payroll) for the Month of October 2017, 10028546- 10029607 (AP); 50003436 - 50003592 (PR Checks) 3086323 - 3088098 (PR Vouchers); 22617- 22684 (WC), as follows: 001 General Fund, in the amount of $6,175,062.09; 101 Fine & Forfeiture Fund, in the amount of $9,164,393.91; 102 Road & Bridge Fund, in the amount of $187,685.74; 115 TDC District Two Penny, in the amount of $711,006.25; 116 TDC Admin & Promo 2 Cent, in the amount of $1,274,172.12; 117 TDC District 1,3 Cent, in the amount of $910,529.48; 118 TDC District 2,3 Cent, in the amount of $183,012.11; 119 TDC District 3,3 Cent, in the amount of $238,470.95; 120 TDC District 4,3 Cent, in the amount of $145,474.98; 121 TDC District 5,3 Cent, in the amount of $393,861.32; 125 Gov Fund Type Grants, in the amount of $1,563,733.35; 141 Fire & Amb Dist 1 L &M Keys, in the amount of $719,777.93; 147 Uninc Svc Dist Parks &Rec, in the amount of $134,994.98; 148 Plan, Build, Zoning, in the amount of $399,164.93; 149 Municipal Policing, in the amount of $945,591.35; 150 E911 Enhancement Fund, in the amount of $37,866.72; 152 Duck Key Security Dist, in the amount of $11,093.52; 153 Local Housing Assistance, in the amount of $30,090.50; 157 Boating Improvement Fund, in the amount of $33,322.56; 158 Misc Special Revenue Fund, in the amount of $19,664.01; 160 Environmental Restoration, in the amount of $6,274.20; 162 Law Enforcement Trust Fund 600, in the amount of $7,396.34; 163 Court Facilities, in the amount of $10,094.96; 164 Drug Abuse Trust Fund, in the amount of $6,346.49; 168 Bay Point Wastewater MSTU, in the amount of $108.12; 171 Stock Island Wastewater, in the amount of $614.05; 175 Long Key Wastewater, in the amount of $198.22; 180 Building Funds, in the amount of $437,868.71; 304 1 Cent Infra Surtax, in the amount of $468,257.88; 308 Infrastructure Sales Tax Revenue Bond, in the amount of $11.76; 310 Big Coppitt Wastewater, in the amount of $131.67; 311 Duck Key Wastewater, in the amount of $347.93; 312 Cudjoe Regional WW Proj, in the amount of $5,242.21; 314 Series 2014 Revenue Bonds, in the amount of $446,355.28; 316 Land Acquisition, in the amount of $2,000.90; 401 Card Sound Bridge, in the amount of $48,426.63; 403 Marathon Airport, in the amount of $394,054.45; 404 Key West Intl Airport, in the amount of $820,231.03; 406 PFC & Operating Restrictions, in the amount of $93,957.04; 414 MSD Solid Waste, in the amount of $1,470,457.42; 501 Worker's Compensation, in the amount of $172,524.96; 502 Group Insurance Fund, in the amount of $2,172,725.76; 503 Risk Management Fund, in the amount of $171,173.71; 504 Fleet Management Fund, in the amount of $124,619.08; 610 Fire /EMS LOSAP Trust Fund, in the amount of $2,820.00. COUNTY ADMINISTRATOR S3 Board granted approval to advertise a Public Hearing to consider approval of a Resolution of Monroe County, Florida electing to use the uniform method of collecting non -ad valorem special assessments levied within the County toward the cost of providing operations and maintenance costs for canal restoration demonstration projects and/or for canal skimming services for any canals within unincorporated Monroe County (the Notice of Intent Resolution will be heard at the December 13, 2017 Public Hearing in Key Largo). COUNTY ATTORNEY T2 Board granted approval to advertise a Public Hearing for adoption of an Ordinance amending Section 22 -127 Establishment of Advisory Board, in order to remove a specific time requirement for Duck Key Security District advisory board meetings. 9 1 Page 1 1/14/2017 T3 Board granted approval and authorized execution of a Contract with Chauncey G. Cozine, IV and Pamela Vasilakis for purchase of a lot described as Block 3, Lot 26, Center Island (PB 5 -82) with parcel number 00379720 - 000000 for density reduction purposes. T9 Board granted approval and authorized execution of a Settlement Agreement in Circuit Court Case No. CA -M -14 -165 regarding Code Case Nos. CE09040149 and CE10070149 and property located at 69001 Overseas Highway, Long Key, Florida 33001. COUNTY ADMINISTRATOR X1 Board granted approval and authorized execution of an Agreement with Peebles, Smith and Matthews, Inc. and Gray Robinson P.A., retroactive to October 1, 2017, to reflect a name change of the firm, and granted approval of the rescission of the Agreement with Peebles and Smith, LLC and Gray Robinson approved on October 18, 2017. EXTENSION SERVICES X3 Board ratified the adoption of Resolution No. 224A -2017 by the Monroe County Board of County Commissioners extending the Climate Change Advisory Committee (CCAC) to allow the members to continue making recommendations regarding climate change mitigation and adaptation strategies. Anew sunset date of October 1, 2019 is established. (Approved at the October 18, 2017 BOCC meeting, Item B7.) X4 Board granted approval to seek a legislative statutory change to enable the Land Authority to use funds toward the construction of affordable housing in Monroe County, which are currently limited to the purchase of land for affordable housing. EXTENSION SERVICES X5 Board adopted the following Resolution authorizing reimbursement of designated Climate Change Advisory Committee members for attendance at the 9 th Annual Southeast Florida Regional Climate Leadership Summit; approximate cost $500.00. RESOLUTION NO. 336-2017 Said Resolution is incorporated herein by reference. Motion carried unanimously. 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 George Neugent and Mayor David Rice. Absent were Mayor Norman Anderson, Vice Mayor Bruce Halle and Councilwoman Katie Scott. K1 Chief James Callahan addressed the Board concerning approval of a Resolution authorizing the write -off of 434 Fire Rescue ground ambulance accounts receivable for Calendar Year 2013, totaling 101 Page 11/14/2017 $279,375.88 from Fire and Ambulance District 1 L &M Key Fund (141). In Calendar Year 2013, $526,392.92 was collected and deposited into accounts receivable. Motion was made by Mayor Rice and seconded by Commissioner Kolhage to adopt the following Resolution. Motion carried unanimously, with Mayor Norman Anderson, Vice Mayor Halle and Councilwoman Scott not present. RESOLUTION NO. 337 -2017 Said Resolution is incorporated herein by reference. There being no further business, the meeting of the Fire & Ambulance District 1 Board of Governors was adjourned. The Board of County Commissioners meeting reconvened with all Commissioners present. MISCELLANEOUS BULK APPROVALS F24 Mayor Rice announced that, due to a conflict of interest, he would abstain from voting on the approval of the Fiscal Year 2018 Agreement with Historic Florida Keys Foundation, Inc. in the amount of $32,450.00. Motion was made by Commissioner Kolhage and seconded by Commissioner Neugent granting approval and authorizing execution on the agreement. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Neugent Yes Mayor Rice Abstain Motion carried. Mayor Rice requested that the clerk call any items with public speaker cards first, out of courtesy to the speaker. F30 The following individuals addressed the Board concerning an Award of Proposal and approval to enter into a Contract with Brownie Companies, LLC for Yard Waste Processing Services at a rate of $64.75 per ton: Greg Sullivan, representing Waste Management; and, Billy Davis. Kevin Wilson, Assistant County Administrator; and Mr. Shillinger addressed the Board. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Carruthers granting approval and authorizing execution of the contract. Roll call vote carried unanimously. COUNTY ATTORNEY The following individual addressed the Board concerning the following five items (T4 through T8): Richard Boettger. T4 Approval of a Contract with Gregory S. Fillmore for purchase of a lot described as Block 3, Lot 34, Center Island (PB 5 -82) with parcel number 00379800 - 000000 for density reduction purposes. T5 Approval of a Contract with Harold and Donna Kirchner for purchase of a lot described as Block 3, Lot 36, Center Island (PB 5 -82) with parcel number 00379820 - 000000 for density reduction purposes. 111 Page 11/14/2017 T6 Approval of a Contract with Juan Esteban Gonzalez - Aguiar for purchase of a lot described as Block 6, Lot 23, Center Island (PB 5 -82) with parcel number 00380440 - 000000 for density reduction purposes. T7 Approval of a Contract with David Lyon and Jean Lyon (a.k.a. Elizabeth J. Lyon) for purchase of a lot described as Block 4, Lot 7, Plantation Island (PB 5 -82) with parcel number 00383270 - 000000 for density reduction purposes. T8 Approval of a contract with Frank Edmund & Elizabeth Prout Lefler for purchase of a lot described as Block 6, Lot 12 and Lot 13, Plantation Island (PB 5 -82) with parcel numbers 00383850- 000000 and 00383860- 000000 for density reduction purposes. Mr. Shillinger addressed the Board. After discussion, the Board directed the Land Authority staff to review the information that Mr. Boettger provided to the Board and to come back later in the afternoon to consider Items T4 through T8. HURRICANE IRMA RECOVERY G1 Jon Rizzo, Acting Meteorologist -in- Charge, representing the National Weather Service made a Power Point Presentation report about services provided to Monroe County during Hurricane Irma. Mr. Rizzo provided the following website information: USGS High Water Mark Viewer can be accessed at https.//stri.wim.usgs.gov/FEV/4lrfnaSeptember2Ol7 NOAA Overflight Imagery can be accessed at https. / /stonns.ngs.noaa.gov /storms /irma/index.html Insurance Institute for Business & Home Safety can be accessed at hops: / /disastersafety.org/hurricane / . Mr. Gastesi thanked Mr. Rizzo for being with the County during the storm event. G12 Cliff Lowe, Florida Department of Transportation's (FDOT) Contracting Manager from HDR Engineering, Inc., updated the Board concerning the incineration at Cudjoe Blimp Road site. Mr. Gastesi and Mr. Shillinger addressed the Board. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Kolhage to re -open the agenda, to officially add this item to the agenda, and to request that FDOT investigate this problem and give alternatives that will reduce the amount of smoke that's being produced. Motion carried unanimously. COUNTY ATTORNEY T11 The following individuals addressed the Board concerning the application by the Florida Keys Area Health Education Center (AHEC) for grant funding as recommended by the Human Services Advisory Board: Dr. Michael Hernandez, MD, and Michael Cunningham, CEO of AHEC. Mr. Shillinger addressed the Board. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Murphy to approve the grant funding that was approved in last fiscal year ($65,000.00) for AHEC. Motion carried unanimously. SOUNDING BOARD VI The following individuals address the Board concerning the need for new and replacement warning signs regarding endangered Key Deer: Dr. Jan Svejkovsky, Cheryl Lumbard, Vice - President; and, Valerie Preziosi, President, representing Save Our Key Deer; and Jackie Johnston. The Board took no official action. 121 Page 11/14/2017 COMMISSIONER'S ITEMS Q3 The following individual addressed the Board concerning approval of a Resolution recognizing the importance of breastfeeding in accordance with Florida law: Angelica Mendaros, representing WIC, Monroe County Health Department. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Carruthers to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 338 -2017 Said Resolution is incorporated herein by reference. ASSISTANT COUNTY ADMINISTRATOR X2 The following individuals addressed the Board concerning approval of a Contract with the FKSPCA (Florida Keys Society for the prevention of Cruelty to Animals) for operation of the Animal Control Shelter in Marathon and enforcement of animal control codes between MM16.7 and MM70 and termination of the existing contract assigned from the previous operator: Richard Boettger and George Grodzinski. Mr. Shillinger and Mr. Wilson addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy granting approval and authorizing execution of the Contract. Roll call vote carried unanimously. PLANNING & ENVIRONMENTAL, BUILDING & CODE COMPLIANCE M1 Mayte Santamaria, Sr. Director Planning & Environmental Resources, addressed the Board. David Becker and Jim Nicolas, representing RRC Associates made a Power Point Presentation summarizing the results of the survey of employers located in Monroe County to document employment patterns and the building floor area used for nonresidential development; Craig Richardson, representing Clarion Associates, made a Power Point Presentation providing the findings of the Affordable Workforce Housing Support Study for Nonresidential Development which provides the technical support (data & methodology to determine need) for a workforce /affordable housing mitigation program for nonresidential development to be utilized by the County for the adoption of inclusionary housing requirements to address nonresidential and transient development. Mr. Gastesi addressed the Board. The following individual addressed the Board: Bill Hunter, representing Last Stand. This information will be discussed further at the special meeting scheduled on November 29, 2017. COUNTY ADMINISTRATOR S2 Brian Cook, Employee Services Director made a Power Point Presentation concerning the approval of a Resolution revising and replacing Resolution 190 -2017, and clarifying the procedure for distribution of $250.00 subsidy to Medicare - eligible Rule of 70 retirees. Cynthia Hall, Assistant County Attorney, addressed the Board. The following individual addressed the Board: Louis LaTorre. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Neugent to approve Option B (tax -free for retirees who remain on the County Health plan and pay the actuarial rate; however, for retirees who elect to move off the County Health plan and purchase a Medicare supplement, the $250.00 subsidy will be considered a taxable fringe benefit). Motion carried unanimously. RESOLUTION NO. 339 -2017 Said Resolution is incorporated herein by reference. 131 Page 11/14/2017 MISCELLANOUES /COUNTY ADMINISTRATOR Mr. Gastesi introduced Rick Freeburg who is the CEO of Mariner's Hospital and Fishermen's Hospital which are part of Baptist Health. Mr. Freeburg advised the Board that a temporary location is needed for a hospital in Marathon while the Fishermen's hospital is repaired or rebuilt due to Hurricane Irma. The Florida Keys Marathon Airport is the location that is being considered for the temporary hospital for two to three years. Mr. Shillinger, Pedro Mercado, Assistant County Attorney; and, T.J. Henderson, Assistant Director of Airports addressed the Board. Board directed staff to bring back detailed information about the temporary hospital and the location of the EOC, at the Florida Keys Marathon Airport, to the December meeting. PUBLIC HEARINGS U1 A Public Hearing was held to consider adoption of an Ordinance to amend the Monroe County Code to require use of specific roof materials and construction for repairs, replacement and new construction due to the impacts evidenced following Hurricane Irma direction to staff to seek a legislative change to remove the restrictions on adopting a local requirement for roof repair, replacement and new construction. Mr. Shillinger and Mr. Gastesi addressed the Board. The following individuals addressed the Board: Michael Silvers, representing Florida Roofing and Sheet Metal Contractors Association, Inc.; Michael Fischer, representing Asphalt Roofing Manufacturers Association; Greg Keeler, representing Owens - Corning; and Eleanor McAdams. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Murphy to continue the item to the December 13, 2017 meeting. Roll call vote carried unanimously. U2 A Public Hearing was held to consider an Ordinance by the Monroe County Board of County Commissioners amending Monroe County Code Section 122 -4, "Standards For Issuance Of Building Permits In Areas Of Special Flood Hazard"; 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 Code; providing for an effective date. The following individual addressed the Board: Bill Hunter. Ms. Hurley addressed the Board. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Murphy to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 024 -2017 Said Ordinance is incorporated herein by reference. U3 A Public Hearing was held to consider approval of a Resolution for Budget Amendments for Fiscal Year 2017 for the General Fund, Fund 001; Fine & Forfeiture, Fund 101; Marathon Airport, Fund 403; Key West Airport, Fund 404; MSD Solid Waste, Fund 414; and Risk Management, Fund 503. There was no public input. Motion was made by Commissioner Murphy and seconded by Commissioner Kolhage to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 340 -2017 Said Resolution is incorporated herein by reference. PLANNING & ENVIRONMENTAL, BUILDING & CODE COMPLIANCE The following individual addressed the Board concerning the following two items (M2 & M3): Kristina Welbum, representing Habitat for Humanity. 141 Page 11/14/2017 M2 Approval of a Resolution to renew the reservation of ten (10) affordable housing allocations (moderate income category) for a proposed employee housing project at the corner of Emerald Drive, Sapphire Drive and US 1, Big Coppitt Key (approximate mile marker 10.5), having real estate number 00156320.000000, until February 1, 2018. M3 Approval of Amendment No. 4 to the 100 -year Lease Agreement between Monroe County and Habitat for Humanity of Key West and Lower Keys, Inc. (Habitat), to retroactively extend a lease for property on Big Coppitt Key until February 1, 2019, subject to the conditions that Habitat commence construction of ten (10) affordable housing units by February 1, 2018 and receive certificates of occupancy for the construction of the ten (10) affordable housing units by February 1, 2019. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Carruthers granting approval of the following two items (M2 & M3): M2 A Resolution to renew the reservation ten (10) affordable housing allocations (moderate income category) for a proposed employee housing project at the corner of Emerald Drive, Sapphire Drive and US 1, Big Coppitt Key (approximate mile marker 10.5), having real estate number 00156320.000000, until February 1, 2018. RESOLUTION NO. 341 -2017 Said Resolution is incorporated herein by reference. M3 Amendment No. 4 to the 100 -year Lease Agreement between Monroe County and Habitat for Humanity of Key West and Lower Keys, Inc. (Habitat), to retroactively extend a lease for property on Big Coppitt Key until February 1, 2019, subject to the conditions that Habitat commence construction of ten (10) affordable housing units by February 1, 2018 and receive certificates of occupancy for the construction of the ten (10) affordable housing units by February 1, 2019. Motion carried unanimously. HURRICANE IRMA RECOVERY G2 Motion was made by Commissioner Kolhage and seconded by Commissioner Murphy granting approval of an invoice from Playa Largo for rooms for essential personnel providing emergency protective measures including emergency response /disaster recovery activities immediately following Hurricane Irma during the declared State of Emergency subject to a review by the Clerk in terms of adequacy of the invoice. Motion carried unanimously. G5 Mr. Wilson and Ms. Santamaria addressed the Board concerning approval to ratify the Two Year Lease for the Big Pine Road Prison property for the operation of recovery efforts due to Hurricane Irma. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Kolhage granting approval of the item. Motion carried unanimously. G6 Steve Williams, Assistant County Attorney; and Mr. Shillinger addressed the Board concerning approval of a Resolution relating to sign code regulations, establishing interim sign permits, directing county staff to study and recommend amendments to the county's land development regulations governing permitted signs, and to authorize the placement of interim signs. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Kolhage approving the Resolution with the caveat that if anyone comes in for a sign permit, they will sign an acknowledgment that they understand that it is an interim permit and that it's possible in two years that the sign may become non - conforming after 151 Page 11/14/2017 which time if it is damaged more than 50% or destroyed they will have to comply with the new sign code. Motion carried unanimously. RESOLUTION NO. 342-2017 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy granting approval of the following two items (G7 & G8): G7 Approval to ratify a Grant Agreement with the Florida Department of Emergency Management to fund the STEP (Sheltering and Temporary Essential Power) program. The contract was executed by the Mayor under the authority of the emergency declaration and now requires ratification by the BOCC. G8 Approval to ratify the 2nd amendment to the contract with Adjusters International to include administration of Tasks 1 -5 of the FEMA STEP (Sheltering and Essential Power) program. The contract amendment was executed by the Mayor under the authority of the emergency declaration and now requires ratification by the BOCC. Motion carried unanimously. G10 Rhonda Haag, Sustainability Director, gave a Power Point Presentation update on the post Hurricane Irma marine removal debris activities. Ms. Haag advised the Board that they are working with the Florida Department of Protection (FDEP) on a Mutual Aid Agreement for the state to come in and conduct a lead on the marine debris removal efforts. The agreement will be with FDEP, Florida Fish & Wildlife and Monroe County and once the Agreement is ready it can be signed by the Mayor and brought back for ratification. Ms. Haag announced that if anyone wanted to report marine debris in their canals that they can e -mail her at haa (a� - rhondamonroecount�fl office ov or call her oce (305) 453 -8774. Ms. Hall and Mr. Gastesi addressed the Board. TOURIST DEVELOPMENT COUNCIL H1 Mr. Shillinger addressed the Board concerning approval of one "At Large" appointment to the Tourist Development Council District III Advisory Committee. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Carruthers to appoint Dr. Daniel Zieg. Motion carried unanimously. STAFF REPORTS I1 Mr. Cook gave an update on the open enrollment. He advised the Board that active enrollment is from November 1 through November 22, 2017, at 5:00 p.m., and wanted to remind all county employees that they are required to turn the forms in even if they want to elect the same coverage that they had before. Retiree enrollment is from November 1 to December 7, 2017. He advised that they have extra services to serve the active employees as well as the retirees with their questions. COMMISSIONERS' ITEMS Q1 Mr. Wilson addressed the Board concerning direction to waive the tipping fees at the Cudjoe Transfer Station, as a once a month holiday for an extended period, limited to yard debris for Monroe County residents only. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Kolhage granting approval to waive the tipping fees at all three transfer 161 Page 11/14/2017 stations as a once a month holiday for an extended period, limited to yard debris for Monroe County residents only. Motion carried unanimously. Q2 Mr. Shillinger addressed the Board concerning approval of Reimbursement Agreement with Duck Key Property Owner's Association to reimburse for replacement and repair costs for 12 "No Wake" Markers. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Murphy granting approval to use Security District Funds for the reimbursement. Motion carried unanimously. COUNTY ADMINISTRATOR S 1 Mr. Gastesi referred the Board to the County Administrator's Monthly Report for the month of November. Said report is incorporated herein by reference. He advised the Board that some staff will be attending the Florida Association of Counties meeting in Sarasota on November 15, 2017, and that most of the agenda is concerning Hurricane Irma. He advised the Board that on Thursday (November 16, 2017) they will be listening in on the after action Hurricane Irma "Hot Wash" meeting. COUNTY ATTORNEY TI Mr. Shillinger referred the Board to the County Attorney Report for November 2017. Said report is incorporated herein by reference. Charles Pattison, Executive Director of the Land Authority; and Mr. Shillinger addressed the Board concerning the following five items (T4 -T8): T4 Approval of a Contract with Gregory S. Fillmore for purchase of a lot described as Block 3, Lot 34, Center Island (PB 5 -82) with parcel number 00379800 - 000000 for density reduction purposes. T5 Approval of a Contract with Harold and Donna Kirchner for purchase of a lot described as Block 3, Lot 36, Center Island (PB 5 -82) with parcel number 00379820 - 000000 for density reduction purposes. T6 Approval of a Contract with Juan Esteban Gonzalez- Aguiar for purchase of a lot described as Block 6, Lot 23, Center Island (PB 5 -82) with parcel number 00380440 - 000000 for density reduction purposes. T7 Approval of a Contract with David Lyon and Jean Lyon (a.k.a. Elizabeth J. Lyon) for purchase of a lot described as Block 4, Lot 7, Plantation Island (PB 5 -82) with parcel number 00383270 - 000000 for density reduction purposes. T8 Approval of a Contract with Frank Edmund & Elizabeth Prout Lefler for purchase of a lot described as Block 6, Lot 12 and Lot 13, Plantation Island (PB 5 -82) with parcel numbers 00383850- 000000 and 00383860- 000000 for density reduction purposes. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Neugent granting approval and authorizing execution of Items T4 through T8. Roll call vote carried unanimously. T10 Mr. Shillinger requested to hold an Attorney - Client Closed Session in the matter of AshBritt, Inc. v. Monroe County, FL and Florida Department of Transportation, Case No. CA -K -17 -802 at the regularly scheduled BOCC meeting on December 13, 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 171 Page 11/14/2017 Commissioner Carruthers and seconded by Commissioner Neugent to hold the closed session. Motion carried unanimously. 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 181 Page 11/14/2017 I 9z 96 I N W W 2 (OLOZ Jol selea BU AlLfluon) S31va 91W 3308 noz -lueWipeav I PC 1