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02/10/2016 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS FEBRUARY 10, 2016 Regular Meeting Board of County Commissioners Wednesday, February 10, 2016 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 George Neugent, Commissioner David Rice, and Mayor Heather Carruthers. Also present at the meeting were Bob Shillinger, County Attorney; Roman Gastesi; County Administrator; Amy Heavilin; Clerk of Court, Cheryl Robertson, Deputy Clerk; county staff and members of the general public. ADDITIONS, CORRECTIONS, DELETIONS Item Al Motion was made by Commissioner Kolhage and seconded by Commissioner Neugent granting approval of the additions, corrections and deletions to the agenda. Motion carried unanimously. A copy of the approved changes are attached at the end of these minutes for reference. PRESENTATION OF AWARDS Item B 1 Presentation to Tom Hambright, Senior Librarian — Local History for his thirty years of services to Monroe County. Each member of the Board expressed their appreciation and thanks to the work that Tom Hambright had done over the years. Tom Hambright addressed the Board expressing his appreciation. Also to express appreciation was Anne Layton Rice, Library Administrator. BULK APPROVALS Commissioner Danny Kolhage addressed the audience regarding the Rules of Bulk Approval's items. Motion was made by Commissioner Kolhage and seconded by Commissioner Rice granting approval of the following bulk items. Motion passed unanimously. Item C2 Board granted approval of an amended Ground Transportation Resolution (GTR) for the Key West International Airport. RESOLUTION #031 -2016 IS INCORPORATED HEREIN BY REFERENCE Item C3 Board granted approval to accept a bid proposal and approve a contract with the most responsive bidder "USA Parking System, Inc." providing parking lot management services at the Key West International Airport, including full staffing during normal operating hours and fully automated after hours "pay in lane" device. Page 1 of 15 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS FEBRUARY 10, 2016 Item C5 Board granted approval of amendment to the Subscription Agreement with Worx:time LLC covering calendar year 2015, in order to engage Worx:time LLC to direct mail IRS forms 1095 -C (required by IRS Sections 6055 and 6066 to confirm health insurance coverage) for all employees and retirees. Item C6 Board granted approval of a Service Agreement with Worxtime LLC covering calendar year 2016, in order to engage Worxtime to prepare and direct mail IRS forms 1095 -C (required by IRS Sections 6055 and 6066 to confirm health insurance coverage) to all employees and retirees. Item C7 Board granted approval of Statement of Work with AT &T to exercise the County's option to extend the Dedicated Technician Services for an additionall2 month term. Item C8 Board granted approval of a Resolution removing previous appointments of authorized agents of Animal Control Contractors. RESOLUTION #032 -2016 IS INCORPORATED HEREIN BY REFERENCE Item C9 Board granted Issuance (renewal) of a Class A Emergency Medical Services Certificate of Public Convenience and Necessity (COPCN) to Monroe County Fire Rescue for the operation of an ALS transport ambulance service. Item C10 Board adopted the following approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue. REVISED BACK UP: Resolutions 18 -30 added. This said resolutions are incorporated herein by reference: Resolution #033 -2016 amending resolution #275 -2015 for Fund 125 Resolution #034 -2016 amending resolution #282 -2015 for Fund 125 Resolution #035 -2016 amending resolution #283 -2015 for Fund 125 Resolution #036 -2016 amending resolution #284 -2015 for Fund 125 Resolution #037 -2016 amending resolution #286 -2015 for Fund 125 Resolution #038 -2016 amending resolution #287 -2015 for Fund 125 Resolution #039 -2016 amending resolution #290 -2015 for Fund 125 Resolution #040 -2016 amending resolution #296 -2015 for Fund 125 Resolution #041 -2016 amending resolution #305 -2015 for Fund 125 Resolution #042 -2016 amending resolution #306 -2015 for Fund 125 Resolution #043 -2016 amending resolution #307 -2015 for Fund 125 Resolution #044 -2016 amending resolution #308 -2015 for Fund 125 Resolution #045 -2016 amending resolution #309 -2015 for Fund 125 Resolution #046 -2016 amending resolution #310 -2015 for Fund 125 Resolution #047 -2016 amending resolution #312 -2015 for Fund 125 Resolution #048 -2016 amending resolution #314 -2015 for Fund 125 Resolution #049 -2016 amending resolution #315 -2015 for Fund 125 Page 2 of 15 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS FEBRUARY 10, 2016 Resolution #050 -2016 amending resolution #317 -2015 for Fund 403 Resolution #051 -2016 amending resolution #318 -2015 for Fund 403 Resolution #052 -2016 amending resolution #319 -2015 for Fund 403 Resolution #053 -2016 amending resolution #320 -2015 for Fund 403 Resolution #054 -2016 amending resolution #321 -2015 for Fund 403 Resolution #055 -2016 amending resolution #323 -2015 for Fund 404 Resolution #056 -2016 amending resolution #324 -2015 for Fund 404 Resolution #057 -2016 amending resolution #328 -2015 for Fund 404 Resolution #058 -2016 amending resolution #330 -2015 for Fund 403, 404, 406 Resolution #059 -2016 amending resolution #357 -2015 for Fund 304 Resolution #060 -2016 receipt of unanticipated funds for Fund 157 Resolution #061 -2016 transfer of Funds 001, 148,157, 304 Resolution #062 -2016 receipt of unanticipated funds for Fund 125 Item C11 Board granted approval of the Fiscal Year 2017 Budget Timetable. REVISED BACK UP: Calendar Added. Item C12 Board granted approval of Federally - funded reoccurring Low Income Home Energy Assistance Program (LIHEAP), Subgrant Agreement # 16EA- OF- 11 -54- 01 -019 between the State of Florida, Department of Economic Opportunity (DEO) and Monroe County Board of County Commissioners (BOCC) /Monroe County Social Services for the contract period of 3/1116 to 3/31117, in the amount of $199,740. Item C13 Board granted approval of Amendment #001 to Standard Contract AA -1629, 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 and Nutrition Programs) for the current contract period of 111/2016 to 12/31/2016. Item C15 Board granted receipt of monthly report on change orders reviewed by the County Administrator's Office. Item C16 Board granted approval to waive Sections 17 -4 and 18 1 ofthe County Code to allow for daily and overnight camping in the S.E. corner of Key Largo Community Park by volunteers and cyclists participating in the 2016 Bike MS: Breakaway to Key Largo on March 5, 6 & 7, 2016, for use of Card Sound Road and Bridge, and for waiver of all fees associated with the use of Monroe County facilities and roads and bridges during those dates. Item C17 Board granted approval to award Public Works surplus items as described in attached Recap of Bid Opening on January 5th, 2016 (County ID #s: 1638, 1667, 1689, 1698, 1702, 2088, 3681, 4334, 4443, 4444, 4500, 4973, 4926, 5586, 1518, 1790, 2025, 2038, 2039, 2163, 3433, 4491, 1134, 1422, 1466, 2162 & 2178). Page 3 of 15 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS FEBRUARY 10, 2016 Item C18 Board granted approval of 8th .Amendment with Humane Animal Care Coalition, Inc. (HACC) for CPI U adjustment of 0.8% from December 1, 2015 to June 30, 2016 and 0.7% from July 1, 2016 to June 30, 2017 and amending deadline for requesting CPI -U adjustment to May 1st. Item C19 Board granted approval of bid award and to enter into Agreement with second lowest bidder A -1 Property Services Group, Inc., for the Pigeon Key Gang Quarters Roof Replacement. Project is funded by the Tourist Development Council. Item C20 Board granted approval of Third Amendment to Agreement with Stockton Maintenance Group, Inc., for janitorial services, to add day porter janitorial services at the Harvey Government Center (excluding the Tax Collector's Office areas) and the Monroe County Social Services Key West Nutrition Site. Item D 1 Board granted approval to advertise a Request for Applications for FY 2017 Capital Project Funding. Item D2 Board granted approval to advertise a Request for Applications for FY 2017 Destination and Turnkey Event Funding. Item D3 Board granted approval to advertise a Request for Proposals for Professional Advertising Agency Services for Monroe County Tourist Development Council. Item D4 Board granted announcement of one vacant position on the Tourist Development Council District I Advisory Committee for one "At Large" appointment. Item H1 Board granted approval of the selected contractor, Earth Tech Enterprises, Inc., and contract for a habitat restoration project within Dagny Johnson Key Largo Hammock Botanical State Park as mitigation for the construction of the Key Largo Wastewater Treatment District (KLWTD) wastewater treatment plant. Item H2 Board granted approval of Mr. Frank Herrada, CAC1817003 , to one three -year term to the Contractors Examining Board (CEB) beginning March 23, 2016 and ending March 23, 2019. This is Mr. Herrada 's first tenn. REVISED BACK -UP Corrected meeting date on AJS to BOCC 2/10/16. Item H3 Board granted approval of Amendment No. 4 to Contract for permitting, plan review and inspections as needed professional support services with M.T. Causley, Inc. maintaining the same rates and extending to September 30, 2020. Page 4 of 15 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS FEBRUARY 10, 2016 Item H4 Board granted approval, pursuant to Section 163.3184(4)(e)l., F.S., for the Director of Planning & Environmental Resources to send a letter to the State Land Planning Agency requesting an additional extension of time to adopt the Future Land Use Map amendments transmitted to the State Land Planning Agency on December 10, 2014 via Resolution 374 -2014 (two parcels on Key Largo from Residential Low (RL) to Mixed Use /Commercial (MC), for property located at 97770 and 97702 Overseas Highway, MM98, Key Largo, described as parcels of land in section 6, townsh ip 62 south, range 39 east, Island of Key Largo, Monroe County, Florida having real estate numbers 00091000.000000and 00091020.000000. Item H5 Board granted approval of contract amendment to the agreement between Florida State University and the Monroe County Board of County Commissioners for professional services to be performed by FSU- Florida Conflict Resolution Consortium Center facilitators for staff support for an additional four meetings (12 total meetings) of the Monroe County Affordable Housing Advisory Committee at an additional cost of$23,800.00. Item K1 Board granted request for expenditure from the Law Enforcement Trust Fund. $25,000.00 Take Stock in Children $2000.00 Military Affairs Committee, Key West Item L1 Board granted approval by the Board of County Commissioners to reappoint Todd German to the RESTORE Act Local Committee with term expiring March, 2017. Item L4 Board granted approval of a resolution urging the Florida Legislature to enact House Bill 45 or Senate Bill 120, both entitled "The Florida Competitive Workforce Act", or similar legislation that would prohibit discrimination in Florida on the basis of sexual orientation and gender identity or expression. RESOLUTION #028 -2016 IS INCORPORATED HEREIN BY REFERENCE Item M1 Board granted County Clerk Report. Item M2 Board granted Official Approval of December 9, 2015 Regular BOCC Meeting minutes. Item M3 Board granted approval of BOCC Warrants (Including Payroll) for the Month of January 2016. A/P and Grant Warrants #10003499 - 10004288 Payroll Warrants #50000805 - 50000924 Payroll Vouchers #306247 - 3063247 Page 5 of 15 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS FEBRUARY 10, 2016 • W /Comp Warrants #200259- 200413 001 General Fund 3,539.396.84 101 Fine & Forfeiture 4,093,014.45 102 Road/Bridges 477,798.59 115 Tourist Development Council (TDC) - Two Penny 456,963.31 116 TDC - Admin Promo 2 Cent 1,153,183.77 117 TDC - District 1 Third Cent 341,040.85 118 TDC - District 2 Third Cent 16,964.29 119 TDC - District 3 Third Cent 40,198.05 120 TDC - District 4 Third Cent 29,455.43 121 TDC - District 5 Third Cent 34,589.99 125 Grant Fund 815,611.72 130 Impact Fees /Roadways 141 Fire /Ambulance 764,838.72 144 Upper Keys Health Care 865.10 147 Unincorporated Service 91,573.04 148 Planning Building 370,583.50 149 Municpal Policing 150 E911 Enhancement Fund 43,670.27 152 Duck Key Security 5,495.23 153 Local Housing Assistance 29,199.50 157 Boating Improvement Fund 15,213.24 158 Miscellaneous Special Revenue Fund 27,566.81 160 Environmental Restoration 17,282.82 162 Law Enforcement Trust -600 404,321.16 163 Court Facilities 6,793.01 164 Drug Facilities Fees 6,709.27 166 Marathon Munincipal Service 168 Bay Point Wastewater MSTU 45.13 169 Big Coppitt Wastewater 170 Key Largo Wasterwater 171 Stock Island Wastewater 300.96 172 Cudjoe - Sugarloaf MSTU 174 Conch Key MSTU 175 Long Key - Layton MSTU 135.42 176 Duck Key MSTU 180 Building Funds 244,071.05 201 Building Dept. (PK) 207 2003 Revenue Bonds 1,000,300.00 301 Building Dept (MTH) 304 1 Cent Infrastructure 1,478,768.31 308 Infrastructure Sales Tax Reveue Bond 8,560.00 310 Big Coppitt Wastewater 255.80 311 Duck Key Wastewater 1,197.07 312 Cudjoe Regional WW Project 8,180.34 Page 6 of 15 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS FEBRUARY 10, 2016 314 Series 2014 Revenue Bonds 69,885.99 401 Card Sound Bridge 77,515.59 403 Marathon Airport 200,975.68 404 Key West Int'1 Airport 738,365.59 406 PFC & Operating Restrictions 71,815.69 414 MSD Solid Waste 1,917,401.69 501 Workers' Compensation 180,450.84 502 Goup Insurance Fraud 2,428,438.91 503 Risk Management Fund 26,613.39 504 Fleet Management Fund 113,890.26 512 Transit (KW) 610 Fire /EMS LOSAP Trust Fund 2,580.00 Totals $ 21,352,076.67 Item M4 Board granted Fixed Asset Reconciliation for FY 16 - for information only. Item M5 Board granted assets inventoried in FY 16 by custodian - for information only. Item M6 Board granted request to surplus assets no longer useable. Item M7 Board granted approval of Tourist Development Council expenses for the month of January 2016. Item M8 Board granted for information only- FKAA invoices over $50,000 for the fiscal year (to include salaries), relating to the Cudjoe Regional Wastewater System Project. Item M9 Board granted for information only - FKAA invoices under $50,000 for the fiscal ear (to include salaries), relating to the Cudjoe Regional Wastewater System Project. Item N2 Board granted approval to enter into a contract with Earth Tech Enterprises, Inc. for $202,384 to remove an existing ineffective weed barrier system and install a new air curtain system on Canal #266 (located between Bailey's Lane and Witters Lane in Doctor 's Arm Big Pine Key); to demolish portions of an existing ineffective weed barrier and install a new air curtain system at on Canal #287 (located between Atlantis Drive and Hollerich Drive in Big Pine Key); and to waive the requirements to submit financial statements with their proposal. Item N3 Board granted approval of a Resolution adopting a revised Table of Organization dated February 10, 2016 and repealing Resolution 181 -2015. RESOLUTION #063 -2016 IS INCORPORATED HERERIN BY REFERENCE Item N4 Board granted confirmation or reconfinnation of Assistant County Administrators and Department Head s under the new Table of Organization. Page 7 of 15 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS FEBRUARY 10, 2016 Item N7 Board granted approval to negotiate a contract withPublic Financial Management, Inc. (PPM) for financial advisory services. This is a professional service contract to provide financial planning, policy development, services related to debt transactions and other financial services. Item N9 Board granted approval of a resolution expressing support of the Monroe County Board of County Commissioners for HB 1223 and SB 1544 that will enact State - level coordination of efforts and activities being taken around the State to prepare for and respond to impacts related to extreme weather and climate change including flooding, drought, storm surge, high tides, tropical -storm winds, extreme heat, and saltwater intrusion of drinking -water aquifers. RESOLUTION #030 -2016 IS INCORPORATED HEREIN BY REFERENCE Item N10 Board granted approval of Amendment No. 3 to the Task Order with HDR Engineering, Inc. Item N11 Board grantedapproval of Second Amendment to Agreement with Peebles - Smith, LLC, and Capitol Insight, LLC extending the contract for one year for state lobbying services retroactive to January 1, 2016. Item 02 Board granted approval to advertise a public hearing to consider an ordinance creating Sections 23 -43 through 23 -47 of the Monroe County Code, to provide a reduction in assessed value for construction or reconstruction of homesteaded property completed after January 7, 2003 for the purpose of providing living quarters for parents or grandparents of property owners, pursuant to F.S 193.703 and the 2002 amendment to the Florida Constitution known as the "Granny Flats" Amendment. Item 04 Board granted authorization to initiate litigation against H. Keith Munt and the property located at 1238 Long Beach Drive, Big Pine Key, Florida, to seek compliance with the County Codes and enforce a lien arising from Code Compliance Case Number CE08080209. Item 05 Board granted approval of a settlement agreement for Code Compliance Liens regarding real property located at 537 Plante Street, Key Largo, FL. BULK APPROVALS Item C1 Don DeGraw, Airport Director, addressed the Board. A Motion was made by Commissioner Kolhage and seconded by Commissioner Murphy for approval to accept a bid proposal, waiver of bid irregularities, and approve a contract with the most responsive bidder "Cliffhanger Janitorial, Inc. ", providing janitorial services at the Key West International Airport, in the annual amount of $394,999.92, to be funded in full with Airport Operating Fund 404. Motion carried unanimously. Page 8 of 15 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS FEBRUARY 10, 2016 Item C14 Kevin Wilson, Assistant County Administrator/Public Works & Engineering, addressed the Board. Mayor Carruthers commented. A Motion was made by Mayor Carruthers and seconded by Commissioner Murphy for approval of Amendment 2 to task order with EAC Consulting, Inc. for engineering design and permitting services for Lake Surprise Estates (Key Largo) Roadway and Drainage Improvements project. The amendment provides modified design and revised construction drawings to adapt the project for sea level rise (SLR) projections based on 2015 tidal data for an additional fee of$42,510. Motion carried unanimously. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS — BULK APPROVALS Item H6 Mayte Santamaria, Senior Director, provided a presentation of a resolution to the Board of County Commissioners from the Affordable Housing Advisory Committee (AHAC) recommending and supporting the County funding and completing a workforce housing study to support development of inclusionary housing requirements for hospitality and commercial sector to build workforce housing. Mayte Santamaria indicated that staff has reached out to the consultant that did the Islandmorada study and we are working with them to develop a scope of work. We anticipate within the next month or two to have a contract before the Board for consideration and approval. Bob Shillinger, County Attorney, asked a procedural question. Staff was directed by Board that in these instances, rather than Bulk; we prefer to have someone speak on the item's behalf. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS Item I1 Discussion and direction related to the Administrative Fees included within the . ground leases the County has approved for the development of affordable housing and direction on requests to waive the administrative fees which were originally intended to reimburse the County for the coordination of affordable housing. After discussion Mayte Santamaria, Senior Director, addressed the Board as well as Christine Hurley; Assistant County Administrator and Bob Shillinger; County Attorney. Commissioner Kolhage moved and seconded by Commissioner Neugent to approve that request for waiver (name to be provided to the Clerk) and motion to include a refund for the 2 nd individual as well. Motion carried unanimously. Also Board was directed to go back and amend the ground leases, set a flat fee, and indicate what it covers. Page 9 of 15 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS FEBRUARY 10, 2016 COMMISSIONERS' ITEMS Item L2 Approval of a resolution requesting SB 306 /HB 143 be amended to also authorize Counties to qualify as a "coastal community" as defined in the proposed bills which create F.S. 403.70325,to allowing qualifying counties to also participate in a pilot program to regulate or ban disposable plastic bags, in addition to municipalities. Public Speaker Robby Majeska. After discussion, a Motion was made by Commissioner Kolhage and seconded by Commissioner Murphy to adopt the following resolution. A Roll -Call was taken by the Clerk with the following results: Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Yes Mayor Carruthers Yes Motion Carried. RESOLUTION #026 -2016 IS HEREIN INCORPORATED BY REFERENCE Item L3 Approval of a resolution urging the passage of SB 1554/HB 4063 to repeal F.S. 386.209 to allow local control of smoking regulations and urging citizens to recognize the negative impact of second hand smoke and refrain from smoking or using tobacco products on County property. After the Agenda Item's wording was clarified for the Board, a Motion was made by Commissioner Murphy and seconded by Commissioner Neugent to adopt the following resolution. Motion carried unanimously. RESOLUTION #027 -2016 IS HEREIN INCORPORATED BY REFERENCE STAFF REPORTS Lisa Tennyson, Intergovernmental Affair, presents a video of the Stewardship Bill and a Legislature Update (see attached for reference). COUNTY ADMINISTRATOR Item N1 Roman Gastesi, County Administrator, provided staff report to the Board to which was indicated the budget is moving forward and things are going well. Page 10 of 15 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS FEBRUARY 10, 2016 PROJECT MANAGEMENT Item Q 1 Discussion and direction regarding adopting a resolution, ordinance and rules and regulations to allow the use of bikes in Monroe County skate parks. REVISED BACK -UP: 3 pieces of additional back -up added. Kevin Wilson, Assistant County Administrator /Public Works & Engineering, addressed the Board recommending that we move forward with this. Chris Ambrosio, Assistant County Attorney explains further the details of the process and the statute that is in place that provides immunity to the County except in cases of gross negilence. After discussion, there were no strong objections from the Board of County Commissioners. COUNTY ADMINISTRATOR Item N8 Approval of a resolution expressing support for Florida Department of Environmental Protection's 2016 Legislative budget request to address the safety conditions of the historic pedestrian bridges along the Florida Keys Overseas Heritage Trail. Item was held by a member of the audience Bill Hunter on behalf of two individuals from their association; Public Speaker Bill Hunter. The Board directed staff to pay attention to the particular area that Bill Hunter was speaking about. Lisa Tennyson, Intergovernmental Affairs, addressed the Board indicating we are aware of Bill Hunter's issue and have started to speak to DEP but not related to this legislature budget request but we can start to work on it next year or the next legislature session. Mayte Santamaria; Senior Director Planning and Environmental Resources, and Chrstine Hurley; Assistant County Administrator addressed the Board. After discussion, a Motion was made by Commissioner Kolhage and seconded by Commissioner Neugent to adopt the following resolution. Motion approved unanimously. RESOLUTION #029 -2016 IS HEREIN INCORPORATED BY REFERENCE COUNTY ATTORNEY REPORT Item O1 Bob Shillinger, County Attorney reported that Monday we picked a jury in the case of Galleon Bay and the trial should end early next week; also extending a thank you to the colleagues and other departments that were a part of putting the trial team together. We have push back the roll -out of the automative agenda software process till April in order to finalized the templates and offer another round of training before going live. Item 03 Report on status of Key West Resort Utilities (KWRU) rate application pending in front of Florida Public Service Commission, Docket No. 150071 -SU; discussion and direction to staff. Bob Shillinger; County Attorney, announced that Bart Smith attorney for Key West Resort Utilities just entered an appearance in the Galleon Bay Case. Cynthia Hall; Assistant County Attorney Page 11 of 15 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS FEBRUARY 10, 2016 provided a status of the KWRU Rate Appication currently pending before the Public Service Commission. A time -line of steps and options were explained to the Board with the intent of coming back at the March meeting with another update and if necessary requesting specific authorization as to what direction to take next. BULK APPROVALS Item C4 Announcement to accept public comment on the County,s application for Passenger Facility Charge Application #16 funding at Key West International Airport and the Florida Keys Marathon International Airport. Don Degraw, Director of Airports, provided an update on the Passenger Facility Charge Application #16. No public speakers or comments by the Board. CLOSED SESSION Item J1 An Attorney- Client Closed Session in the matter of Tropical Bayside Leasing, LLC. v. Monroe County & State of Florida Department of Transportation, Case No. 15 -CA- 000115 -P. Bob Shillinger, County Attorney, request to postponed to the next BOCC Meeting in Key Largo March 23` at 1:30 p.m. A motion was made by Commissioner Murphy and seconded by Commissioner Kolhage to approve this request. Motion passed unanimously. Item J2 Bob Shillinger; County Attorney announced an Attorney - Client Closed Session in the matters of Monroe County BOCC v. Construct Group Corp. and Berkley Regional Ins. Co., Case No. CA -K -15 -844 and Construct Group Corp. v. Monroe County BOCC, Case No. CA -P -15 -563. The persons attending the meeting were the County Commissioners, County Administrator Roman Gastesi, County Attorney Bob Shillinger, Assistant County Attorney Chris Ambrosio, Special Litigator Ira Libanoff, and Certified Court Reporter. Mayor Heather Carruthers declared the closed meeting ended and returned to the open session. COUNTY ATTORNEY 01 RECALLED Bob Shillinger; County Attorney request to hold an Attorney- Client Closed Session in the Matters of Monroe County v. Marine Mammal Conservancy, Case Nos. CE06030008, CE09030107, CE011060014 related litigation Deneberg v. Marine Mammal Conservancy, & Gudoian , Jr., Monroe County Case No. CAK14 -364 at the March 23` BOCC Meeting in Key Largo at 1:30 p.m.. A motion was made by Commissioner Rice and seconded by Commissioner Kolhage to approve this request. Motion passed unanimously. Page 12 of 15 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS FEBRUARY 10, 2016 COUNTY ADMINISTRATOR Item N6 Kevin Madox, Sr. Director of Strategic Planning, presents a presentation seeking direction on borrowing strategy on the current debt - funded construction projects as well as presentation on the general long -term countywide capital requirements versus resources (see attached for reference). Kevin Wilson, Assistant County Administrator; Public Works/Engineering as well as Roman Gastesi, County Administrator, addressed the Board. After discussion and comments, Board agreed with staff in presenting a RFP in detail next month for a debt offering. PUBLIC HEARINGS Item P1 A public bearing to consider an ordinance by the Monroe County Board of County Commissioners Amending the Monroe County Future Land Use Map from Industrial (I) to Commercial (COMM) for property located at approximate mile marker 9, described as four parcels in Section 21, Township 67 South, Range 26 East, Rockland Key, Monroe County Florida, having Real Estate Numbers 00122080.000000, 000122081.000200, 00122010.000000 and 00121990.000000; and from Mixed Use /Commercial Fishing (MCF) and Industrial (I) to Mixed Use /Commercial (MC); creating Policy 107.1.6 Big Coppitt Mixed Use Area 1, to provide limitations on development and specific restrictions; for property located at approximate mile marker 9, described as a parcel of land in Section 21, Township 67 South, Range 26 East, Big Coppitt Key, Monroe County, Florida, having Real Estate Number 00120940.000100; as proposed by Rockland Operations, LLC and Rockland Commercial Center, Inc. (Legislative Proceeding). Mayte Santamaria, Sr. Director of Planning and Environmental Resources, explained the difference between Item P 1 and Item P2. Staff is seeking direction on the three options but staff is recommending Option 3. Attorney Bart Smith on behalf of the applicant provides a powerpoint of the Rockland Operations and too is seeking assistance from staff with the permitting process.Kevin Wilson; Assistant County Administrator Public Works/Engineering also addressed the Board. Public Speakers; Virginia Panico (representing Key West Chamber of Commerce), Matthew Dowling (representing F.O.P.), Bob Pabian, Margaret Romero, Sheriff Rick Ramsay (representing MCSO), Ed Swift, Captain Ed Davidson (representing County School Board), Gregory Sullivan (representing Toppino), Keith Snyder, Kevin Best (representing Big Coppitt), Richard Payne, Michael Halpern (representing Rockland Commercial Center, Inc.), Ron Denies (representing Naval Air Station Key West), Greg Daniels, Donna Daniels, Lucinda Kennedy, Mike Bellows, Robin Lockwood, Mark Buckner, Chris Majchrowicz, Joyce Newman, Gary & Dawn Osborn. A motion was made by Commissioner Neugent and seconded by Commissioner Rice for the zoning change, Option 2. Attorney Bart Smith addressed the Board to state his concerns. After further discussion of Option 3 vs Option 2 previous motion was withdrawn. A motion made by Commissioner Murphy and seconded by Mayor Carruthers to adopt Option 3 with the process of development agreement and to include the map amendment portion. Page 13 of 15 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS FEBRUARY 10, 2016 A Roll -Call was taken by the Clerk with the following results: Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Rice Yes Mayor Carruthers Yes Motion carried. ORDINANCE #003 -2016 IS HEREIN INCORPORATED BY REFERENCE Item P2 A public hearing to consider an ordinance by the Monroe County Board of County Commissioners Amending the Monroe County Land Use District (Zoning) Map from Industrial (I) and Commercial Fishing Area (CFA) to Mixed Use (MU) for property located at approximate mile marker 9, described as a parcel of land in Section 21, Township 67 South, Range 26 East, Big Coppitt Key, Monroe County, Florida having Real Estate Number 00120940.000100, and from Industrial (I) to Commercial 2 (C2) for property located at mile marker 9, described as four parcels of land in Section 21, Township 67 South, Range 26 East, Rockland Key, Monroe County, Florida, having Real Estate Numbers 0012280.000000, 00122081.000200, 00122010.000000 and 00121990.000000; as proposed by Rockland Operations, LLC and Rockland Commercial Center, Inc. (Quasi- Judicial Proceeding). A motion was made by Commissioner Murphy to adopt the record from the previous item and seconded by Commissioner Kolhage. Attorney Bart Smith on behalf of the applicant is in agreement. Motion approved unanimously. A motion was made by Commissioner Murphy and seconded by Commissioner Neugent to accept the same motion as stated in the previous item. Motion passed unanimously. ORDINANCE 004 -2016 IS HEREIN INCORPORATED BY REFERENCE Page 14 of 15 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS FEBRUARY 10, 2016 There being no further business, the meeting of the Board of County Commissioners was ADJOURNED. obe,�fs�n ilfjh, CPA Wl'o Clerk to the Monroe County, FL of County Commissioners By: Cheryl Robertson Executive Aide /Deputy Clerk Page 15 of 15 r J r- v D r � CD C^. x7 Page 15 of 15 BOCC Regular Meeting Wednesday, February 10, 2016 Add Ons, Corrections and Deletions Add Ons Corrections and Deletions on Revised Agenda = Blue Add -Ons Corrections and Deletions for Day of Meeting (after Revised Agenda) = Red ADD -ONS Page 4 C -19 PROJECT MANAGEMENT: Approval of bid award and to enter into Agreement with second lowest bidder A -1 Property Services Group, Inc., for the Pigeon Key Gang Quarters Roof Replacement. Project is fiinded by the Tourist Development Council. Page 4 C -20 PUBLIC WORKS /FACILITIES MAINTENANCE: Approval of Third Amendment to Agreement with Stockton Maintenance Group, Inc., for janitorial services, to add day porter janitorial services at the Harvey Government Center (excluding the Tax Collector's Office areas) and the Monroe County Social Services Key West Nutrition Site. a;;e 7 L� MAYOR CARRUTHERS: Approval of a resolution urging the Florida Legislature to enact House Bill 45 or Senate Bill 120, both entitled "The Florida Competitive Workforce Act ", or similar legislation that would prohibit discrimination in Florida on the basis of sexual orientation and gender identity or expression. (ADD -ON 2/9/16) Page 7 M -2 CLERK: Official Approval of December 9, 2015 . Regular BOCC Meeting minutes. Page 7 M -3 CLERK: Approval of BOCC Warrants (hlcluding Payroll) for the Month of January 2016. Page 7 M -4 CLERK: Fixed Asset Reconciliation for FY16 — for information only. Page 7 M -5 CLERK: Assets inventoried in FY16 by custodian — for information only Page 7 M -6 CLERK: Request to surplus assets no longer useable. Page 7 M -7 CLERK: Approval of Tourist Development Council expenses for the month of January 2016. Page 7 M -S CLERK: For information only — .FKAA invoices over $50,000 for the fiscal year (to include salaries), relating to the Cudjoe Regional Wastewater System Project. As of 2/9/16 (kp) 1 ITEMS IN RED ONLY TO I3E READ INTO •I HE THE RECORD DAY OF MEETING. —BLUE MADE REVISED AGENDA � I BOCC Regular Meeting Wednesday, February 10, 2016 Add Ons, Corrections and Deletions Add Ons Corrections and Deletions on Revised Agenda = Blue Add -Ons Corrections and Deletions for Day of Meeting (after Revised Agenda) = Red ADD -ONS (Continued): Page 7 M -9 CLERK: For information only — EKAA invoices under $50,000 for the Fiscal year (to include salaries), relating to the Cudjoe Regional Wastewater System Project. Page 49 N -10 COUNTY ADMINISTRATOR: Approval of Amendment No. 3 to the Task Order with HDR Engineering, Inc. Page )4q N -11 COUNTY ADMINISTRATOR: Approval of Second Amendment to Agreement with Peebles - Smith, LLC, and Capitol Insight, .L.LC extending the contract for one year for state lobbying services retroactive to January 1, 2016. Page0q N -12 COUNTY ADMINISTRATOR: Approval of Amendment No. 7 to the Contract for Engineering, Design and Pernaitling Services of the Demonstration Projects, with AMF,C Foster Wheeler Environment and Infrastructure, Inc. to increase the scope of services to provide Additional Engineering Services related to a new sixth Canal Restoration .Demonstration .Project in amount not to exceed $35,365.10. CORRECTIONS/NOTES Page 3 C -10 BUDGET AND FINANCE: Approval of various resolutions for the transfer of funds and resolutions for the receipt of unanticipated revenue. REVISED BACK -UP: Resolutions 18 -30 added. Page 3 C -11 BUDGET AND FINANCE: Approval of the Fiscal Year 2017 Budget Timetable. REVISED BACK -UP: Calendar Added. Page 4 F -4 LAND AUTHORITY: Approval of an employment agreement with Charles Pattison as Executive Director. REVISED BACK- UP: Employment Agreement now included. Page 5 H -2 PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE: Approval of Mr. Frank Herrada, CAC1817003, to one three -year term to the Contractors Examining Board (C.EB) beginning March 23, 201.6 and ending March 23, 201.9. This is Mr. Herrada's first term. REVISED BACK -UP: Corrected meeting date on AIS to BOCC 2/10/16. As of 2/9/16 (kp) 2 ITEMS IN RED ONLY TO BE READ INTO THE THE RECORD DAY OF MEETING. —BLUE MADE: REVISED AGENDA BOCC Regular Meeting Wednesday, February 10, 2016 Add Ons, Corrections and Deletions Add Ons Corrections and Deletions on Revised Agenda = Blue Add -Ons Corrections and Deletions for Day of Meeting (after Revised Agenda) = Red DELETIONS: Page 8 N -5 COUNTY ADMINISTRATOR: Approval to advertise a Request for Proposals for installing an in situ muck aeration system in Canal 448 in Key Largo, or an alternate location if needed, and providing a 2 -year period of operations and maintenance. (DELETED 2/9/16). Page 8 N -12 COUNTY ADMINISTRATOR: Approval of Amendment No. 7 to the Contract for Engineering, Design and Permitting Services of the Demonstration Projects, with AMEC .Foster Wheeler Environment and Infrastructure, Inc. to increase the scope of services to provide Additional Engineering Services related to a new sixth Canal Restoration Demonstration Project in amount not to exceed $35,365.10. (DELETED 2/9/16). Pago 0-2 COUNTY ATTORNEY: TIME APPROXIMATE 10:30 A.M. Discussion and direction regarding formation and implementation of a County public- private partnership policy, procedures, and guidelines consistent with F.S. 287.05712. Note: Deletion of item 0-2 resulted in the renumbering of items previously numbered 03 through 0-6 to 0-2 through 0-5 on the Revised Agenda. As of 2/9/16 (kp) 3 ITEMS IN RED ONLY TO BE READ INTO THE THE RECORD DAY OF MEETING. —BLUE MADE; REVISED AGENDA bs.4 Between the unique island lifestyle, the third- largest coral reef in the world and its incomparable natural beauty, it is easy to see how the Florida Keys is truly one of Florida's environmental treasures. But, it's also much more, as the Florida Keys is a premier tourist destination, with a world -class recreational and industrial fishing industry; and one of the foremost naval training facilities in the nation. All of this makes the Florida Keys a significant economic driver for the local area and the entire State of Florida. In order to protect and preserve the Florida Keys and ensure it continues to be an economic driver for our state, Senator Wilton Simpson (R Trilby) and Representative Holly Raschein (R -Key Largo) have introduced the Florida Keys Stewardship Act, Senate Bill 770 and House Bill 447 respectively. THE FLORIDA KEYS STEWARDSHIP ACT DOES THE FOLLOWING: Aims to invest $25 million per year for 10 years in water quality and, supply protection, and land; Encompasses the remaining $100 million for wastewater infrastructure in the standing authorization for the Florida Keys under the Mayfield Authorization; Maintains the current ILA distribution amounts as outlined in the authorization; Expands beyond the Mayfield Authorization for wastewater; Adds in essential components to prevent the degradation of nearshore waters and the one -of =kind marine ecosystem of the Florida Keys, such as stormwater management, the restoration of impaired canal waters and advanced wastewater treatment; u Enhances water supply through alternative water resources; __ ' Invests in land for critical habitat protection, public safety in case of an evacuation, property rights and military base protection; Creates an invaluable partnership between the Florida Keys and the State of Florida, allowing the state to protect the investments they have already made in the area; and i Yields a significant return on investment for the entire State of Florida. Making investments now is vital to ensuring that the Florida Keys continue to thrive for years to come, and that its environment is preserved for future generations of Floridians. CONTACT State Representative Holly Raschein, District 120 Holly .Raschein @MyFloridaHouse.Gov Erin.Muir @MyFloridaHouse.Gov Monroe County Administrator Roman Gastesi Gastesi - Roman @MonroeCounty- FL.Gov Monroe County Director of Legislative Affairs Lisa Tennyson. Tennyson- Lisa @MonroeCounty- FL.Gov • � ,. nay f �� FLo.,d cYS f Debt Financing Long -Term (20 yr) Capital Outlook f . t History of Debt - funded Projects &Budgets Plantation Key Govt Center (Courthouse &Jail) Crawl Key Fire Training Academy Marathon Library Summerland Fire Station Jefferson Browne Rehab $ 10.6m $ 1.2m $ 3.Om $ 4.5m 6.Om $ 25.3m Issued $25m bond in October, 2014 to fund these projects Present Estimate of Debt - Funded Projects &Budgets Plantation Key Govt Center (Courthouse & Jail) $ 24.6m Crawl Key Fire Training Academy $ 2.1m Marathon Library $ 6.8m Cudjoe / Summerland Fire Station $ 4.Om Jefferson Browne Rehab $ 9.7m Added Projects Bernstein Park $ 8.Om Sugarloaf Fire Station $ 3.3m Gulf Seafood 5.Om $ 63.5m Strategy to Fund the $39m Shortfall Options: •Issue $39m Bond •Cut Projects by $39m *Hybrid: • Bond a Portion of the Need • Delay, Trim or Cancel Some Projects • Pay -as- you -go for Latter Portion of some Projects Recommend the Hybrid Option Strategy to Fund the Shortfall Hybrid Option •Issue $16m Bond *Prioritize Currently Planned Projects *Pay -as- you -go for Latter Portions of Projects oAcknowledge the Possibility of Needing to Issue Short -term borrowing (1 -2 yrs) The need for this is unknowable at the present time Debt Strategy Advice •Term Loan $16 million •10 Year Term •This will Provide $41m in Available Funds ($25m 2014 issue + $16m 2016 issue) Spend Profile Source: Project Management Spent Thru 2615. 2016 2017 2018 2019. $ 24,600,000 Plantation Key Govt Center $ 110,000 $ 2,090,000 $ 7,250,000 $ 8,950,000 $ 6,200,000 Crawl Key fire Academy $ 351,000 $ 1,696,000 $ 2,047,000 Marathon Library $ 4,500,000 $ 2,250,000 $ 6,750,000 Cudjoe Fire Station $ 550,000 $ 2,800,000 $ 650,000 $ 4,000,000 Jefferson Browne $ 585,000 $ 1,030,000 $ 1,615,000 Rockland $ 50,000 $ 450,000 $ 200,000 $ 3,700,000 $ 3,700,000 $ 8,100,000 Bernstein Park $ 150,000 $ 3,000,000 $ 4,850,000 $ 8,000,000 Sugarloaf Fire Station $ 300,000 $ 3,000,000 $ 3,300,000 Gulf Seafood $ 5,000,000 $ 5,000,000 Annual Total Running Total $ 661,000 $ 13,371,000 $ 20,630,000 $ 15,850,000 $: 12;900,000 $ 63,412,000 $. 661,000 $. 14,032,000 $ .. 34,662,000 $ .50 $ 63,412,000 Source: Project Management Spend Profile— With Deferrals Spent Thru 20.15 2016. .2017. 2018 2019 $ 24,600,000 Plantation Key Govt Center $ 110,000 $ 2,090,000 $ 7,250,000 $ 8,950,000 $ 6,200,000 Crawl Key fire Academy $ 351,000 $ 1,696,000 $ 2,047,000 Marathon Library $ 4,500,000 $ 2,250,000 $ 6,750,000 Cudjoe Fire Station $ 550,000 $ 2,800,000 $ 650 ,000 $ 4,000,000 Jefferson Browne $ 585,000 $ 1,030,000 $ 1,615 Rockland $ 50,000 44 e,eeaso;eea 0 $ 8,100,000 3;. , Bernstein Park $ 150,000 $ 3,000,000 $ 4,850,000 $ 8,000,000 Sugarloaf Fire Station 14 3e ^ = ,3-o�p $ 3,300,000 Gulf Seafood seesca $ 5,000,000 Annual Total; Running Total $ 661,000 $ 7,921,000 $ 20,430,000 $ 11,850,000 $ 6,200,000 $ 63,412,000. . $ . 661,000 $, 8,582,000 $ : 29,012,006 $ .40,862,000 $ 47,062,000 20 Year View Long -Term View Capital Demands Vs Resources •20 Year Overview Chart — Discuss Big Picture *Isolate Chart Details *Future Demands o Future Construction Projects o The "Big 3" — Land Acquisition, Sea Level Rise Adaptation, Canals •Tota I Resources o Unencumbered Infrastructure Surtax o Restore Act o Florida Key Stewardship Bill o State Participation in Land Acquisition One Cent Infrastructure Surtax 90,000,000 80,000,000 70,000,000 60,000,000 50,000,000 40,000,000 30,000,000 20,000,000 10,000,000 0 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 �On -going ®Fire /Rescue o5 -yrCIP ®Debt � Bridge Program — Cumulative $ 20 mil per year revenue x 17 years $340 mil total revenue minus $260 mil total spending $ 80 mil unencumbered Construction Projects Project Name Type Est Cost (million) Rowells Park 5 Layton Fire Stn Replace 4 Marathon Jail Replace 12 Marathon Court Replace 12 Mid -Keys. PD /State Atty New 5 Marathon Gov Center Rehab 3 EOC- Emergency Svcs HQ New 15 Habitat Building BPK Rehab 3 Sugarloaf Fire Stn Replace 4 KW Library (new branch) New 7 Records Storage New 5 Harvey Govt Center ($ 2 -15) Rehab 15 $ 90 The "Big Three" *Land Acquisition - *Sea Level Rise Adaptation - •Canal Restoration - $300 million $250 million $400 million Potential Range $500 million - $1.5 billion Demands Vs Resources Resources Demands $ 1,040 m Restore Act $ 20 million Stewardship Bill $125 million Infrastructure SL $ 80 million 'Construction Projects $ 90 million Sea Level Rise Adaptation $ 250 million $ 375 m Cana[Restoration $ 400 million