Item M2I
Meeting Date: Department: /Y
Bulk. Item: Yes No Staff Contact [Phone CACRY/ &Ler-�,901V
AGENDA ITEM WORDING:
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PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
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1111 w 01 DI 0 D101 115 w %i of w 04 "1 Dix
APPROVED BY: County Attorney
[DOCUMENTATION: Included
Revised 6/15
BUDGETED: Yes No
SOURCE OF FUNDS:
No AMOUNT PER MONTH Year
— OMB/Purchasing — Risk Management
�►iliii • l
MI'NUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
DECEMBER9,2015
Regular Meeting
Wednesday, December 9, 2015
Key Largo, Florida
WRIW71-
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at the Murray E. Nelson 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, County
Clerk; Cheryl Robertson, Deputy Clerk; county staff and members of the general public.
Item A I Motion was made by Commissioner Neugent and seconded by Commissioner
Murphy 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 minutesfor reference.
Item 131 A resolution declaring December 20-26, 2015 as "Childhood Cancer Awareness
Week" in Monroe County, Florida. Mayor Carruthers expressed her appreciation
to everyone involved.
Item B2 A Mayor's Proclamation declaring January 3-17, 2016 as "Weeks of Compassion"
in Monroe County, Florida. Additionally, two special awards were presented by
Christine Hurley acknowledging both Jennifer Ballard and Mary Wingate,
Floodplain Managers, expressing appreciation and honor for the work well done.
BULK APPROVALS
Commissioner George Nuegent addressed the audience regarding the Rules of Bulk Approval's
items. Motion was made by Commissioner Rice and seconded by Commissioner Murphy
granting approval of the following bulk items. Motion passed unanimously.
Item C 1 Broard granted approval of bid award and contract with OAC Action
Construction Corp. for the Key West Airport Customs Facility Phase 11
renovations, in the amount of $1,312,500.00 to be paid for with FAA, FOOT anii
Airport funding sources.
r.tem C3 Board granted approval of the lst amendment to the sewer Lateral Construction
Agreementwith Douglas N. Higgins Inc. at Florida Keys Marathon International
Airport.
Page 1 of 13
MINUTES
OF THE MONROEi►
DECEMBER 9, 2015
Item C6 Board granted approval of Agreement with Tyco Integrated Security, LLC for
the Duck Key Security System• • Maintenance ••
Item C7 Board granted approval of receipt of monthly report on change orders reviewed
by the County• • Office.
Item C8 Board granted approval to enter into a contract with Master Mechanical Services
Inc. for the additiona cooling for Marathon Information Technology Closets for
the contract amount•` $67,985.00.
Item C9 Board granted authorization to negotiate a contract with Siemens Industry, Inc.
for "Fire Alarm System, Building Automation System and Smoke Control
System Testing, Certification and Maintenance ".
Item C10 Board granted approval of a license agreement with the Rotary Club of Key
Largo to hold the Brew on the Bay Craft Beer Festival at Rowell 's Marina on
January ' 2016. The countypercent of the
cumulative • revenues for
Item C1 1 Board granted Issuance (renewal) of a Class A Emergency Medical Services
Certificate of Public Convenience.(COPCN) to Air .
Corp., Subsidiary Rocky Mountain Holdings L.L.C. d/b/a LifeNet for th(i
operation of an ALS transport air ambulance service.
Item C 12 Board granted approval to award bid and authorize the County Administrator to
execute an Agreement with Archaeological and Historical Conservancy,•
Monroe County••,
Item C 13 Board granted approval of various resolutions for the transfer of funds ant
resolutions for• of unanticipated
Resolution #386-2015 receipt of unanticipated funds for Fund 125
Resolution #387-2015 receipt of unanticipated funds for Fund 125
Resolution #388-2015 transfer of funds for Fund 157
Resolution #389-2015 rollover of unanticipated Fund 125
Resolution #390-2015 transfer of funds for Fund 001 & 102
Resolution #391-2015 rollover of unanticipated Fund 125
Resolution #392-2015 receipt of unanticipated funds for Fund 125
Resolution 393-2015 transfer of funds for Fund 160
Resolution #394-2015 receipt of unanticipated funds for Fund 125
Resolution #395-2015 receipt of unanticipated funds for Fund 125
Resolution #396-2015 receipt of unanticipated funds for Fund 125
Resolution #397-2015 receipt of unanticipated funds for Fund 125
Resolution #398-2015 receipt of unanticipated funds for Fund 125
Resolution #399-2015 receipt of unanticipated funds for Fund 125
MINUTES
OF THE MONROE COUNTY
10 1 * im
1,=?tl04
Item C15 Board granted approval of Amendment 4001 to Contract 42G070, Community
are for Disabled Adults (CCDA) between the Florida Department of Children
and Families (DCF) and Monroe County Board of County Commissioners
(BOCC) I Social Services/In Home Services.
rtem C16 Board granted approval of Amendment #001 of Alzheimer's Disease Initiative
Program (ADI) Contract KZ-1597 between the Alliance for Aging, Inc., (AAA)
and Monroe County BOCC/Monroe County Social Services for the contract
year 2015-2016 (7/1115-6/30/16) in the amount of$145,693.21.
Item C17 Board granted approval of the renewal agreement between Care in the Keys,
d/b/a Island Private Care and Monroe County Board of County
Commissioners/Monroe County Social Services for the year beginning
January 1, 2016 and ending December 31, 2016.
to D I Board granted approval to update the TDC Operations Manual with a revised
DC Purchasing Policy to reflect the changes of the Monroe County Board of
County Commissioners(BOCC) Purchasing Policy that was revised during the
September 20 15 BOCC Meeting.
Item H I Board granted approval of task assignment with the Florida Fish & Wildlife
Conservation Commission (FFWCC) to receive $70,000 which will allow th-
aunty to hire a contractor to remove invasive exotic plants from conservati
lands that are owned or managed by Monroe County. I
Item H2 Board granted approval of Amendment No. I to Contract between Dot Palm
Landscaping, Inc. and Monroe County, extending the existing contract to May 27,
2016.
Item H3 Board granted approval of a Resolution to extend the reservation of twenty-two
(22) affordable housing allocations for the Islander Village Project located on
Fifth Avenue, Stock Island to complete an employee housing project.
Item H6 Board granted approval of Consent to Assignment and Assumption of
Development Agreement consenting to the assignment of rights and obligations
under the Development Agreement between Monroe County and Northstar Resort
Enterprises Corp. ("Northstar") to Cheeca Holdings, LLC ("Cheeca").
Pa7 3 of 13
i7il'11111TES
OF THE MONROE COUNTY
N4, A hYrFjSF* NEWS
DECEMBER 9, 2015
Item J I Board granted approval for expenditure from the Law Enforcement Trust
Fund.
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Item K I Board granted approval to reappoint Nicholas Mulick to the Shared Asset
Forfeiture Fund Advisory Board with term to expire 02/01/18.
Item K3 Board granted approval of Commissioner Danny L. Kolhage's reappointment of
Richard D. Roth to serve on the Sheriffs Shared Asset Fine and Forfeiture (SAFF)
Advisory Bo,rd.
Item K4 Board granted approval of Commissioner Danny L. Kolhage's reappointment
Steve Miller to serve on the Parks & Recreation Advisory Board. I
Item K6 Board granted approval to reappoint Dr. James Boilini to the Parks &
Recreation Advisory Board. His term will expire December 9, 2019.
Item K7 Board granted approval of a resolution expressing the support of the Monroe
County BOCC for the current funding distribution formula for the Triumph Gulf
Coast Recovery Fund.
- 1 T1611 1 1 11 1 , 0 117n, reli
Item M2 Board granted approval of the reappointment of Bert Bender in the category of
Professional to the Historic Preservation Committee for a three year term.
Item M5 Board granted approval to accept the updated Unified Regional Sea Level Rise
Projections (2015) of the Southeast Florida Regional Climate Change
Compact and direct staff to utilize the updated projections as a basis for sea level
rise adaption planning activities.
Item M6 Board granted approval of the appointment of Ms. Kate Bauer Jones to the
Health Council of South Florida for a two year term in the category of Consum]
Item M7 Board granted approval of Amendment No. 6 to the Contract for Engineering,
Design and Permitting Services of the Demonstration Projects, with AMEC
Foster Wheeler Environment and Infrastructure, Inc. for an extension of time, to
update the travel expenses to reflect revisions to the Monroe County rates, and
internal reallocation of funds among tasks. The Contract value remains
unchanged.
Page 4 of 13
WASTES
OF THE MONROE COUNTY
DECEMBER 9,2015
Item N2 Board granted approval of a resolution requesting the Supervisor of Elections to
place a School Board referendum question on the March 15, 2016 Presidential
Preference Primary Election Ballot to determine whether the School Board of
Monroe County should be authorized to enact a yearly ad valorem tax of 0.5 mill,
for four (4) years beginning July 1, 2016, for operating purposes pursuant to
Sections 10 11.71(9) and 10 11.73(2), Florida Statutes.
018161
Item N4 Board granted approval of First Amendment to Agreement with law firm of
Gardner, Bist, Bowden, Bush, Dee, LaVia & Wright, P.A. to increase the hourly
rate of attorney Robert Scheffel Wright from $200.00 per hour to $225.00 per
hour and to update the name of the firm.
Item 01 Board granted approval to execute Amendment 7 with Government Services
Group, Inc. (GSG) to reinstate tasks 1-7 outlined in the Fifth Amendment
necessary for the development and implementation of the non -ad valorem
assessment program for the Stock Island Phase 2 Service Area on the 2016 tax
bill. Contract increases $3,000.00 this year and $1,000.00 per year through the
end of the contract; funding will come from the assessment revenues.
Bf 1 11'11 I'l I :-111111i3 111 :0113 M a
Present and answering to the Roll Call were Commissioner Danny Kolhage,
Commissioner/Chairman George Neugent, Commissioner David Rice,
Councilwoman Katie Scott, and Vice Mayor Clark Snow.
Item G2 A Motion was made by Vice Mayor Clark Snow and seconded by Commissioner
David Rice for approval to enter into a new 3-year Lease Agreement with Zane
Grey Development Co. for Unit 410 at 68250 Overseas Highway, Layton,
Florida, for the housing of firefighters assigned to Layton/Long Key Fire
Station # 18 as the current lease is due to expire December 28, 20 15; and
authorization for Fire Chief to execute all necessary documents. Motion was
approved unanimously.
ow
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[tem C2 Approval to issue bid solicitation for Emergency Pavement Repair at Key Weso
International Aitport KWIA. No public speakers. A Motion was made by
Commissioner Neugent and seconded by Commissioner Rice for approval.
Motion was approved unanimously.
Page 5 of 13
MINUTES
OF THE MONROE COUNTY
MW
DECEMBER9,2015
Item C4 Approval of Contract with Parsons Brinckerhoff, Inc., for Construction
Engineering and Inspection Services for the Pedestrian Bridge over Marvin
Adams Waterway Project (Key Largo). The project is partially funded through a
Florida Department of Transportation (FDOT) Transportation Alternatives Grant.
Judith Clarke (Director/Public Works) and Kevin Wilson (Assistant County
Administrator Public Works/Engineering) as well as one public speaker Robby
Majeska addressed the Board. After Discussion, a motion was made by
Commissiner Kolhage and seconded by Commissioner Neugent for approval of
Contract with Parsons Brinckerhoff, Inc. Motion was approved unanimously.
Item C5 Approval to award bid and approve a contract with Douglas N. Higgins, Inc. for
construction of the Pedestrian Bridge over Marvin Adams Waterway Project
(Key Largo). The project is partially funded through a Florida Department of
Transportation (FDOT) Transportation Alternatives Program (TAP) Grant.
Robby Majeska addressed the Board as a public speaker. After Discussion, a
motion was made by Commissioner Neugent and seconded by Commissioner
Kolhage for approval to award bid and approve a contract with Douglas N.
Higgins, Inc. Motion was approved unanimously.
Item Q I Request to speak to the County Commissioner to provide an update in the
situation in the Florida Bay. Julie Dick, Esq., presents a powerpoint presentation
and video as Dr. Steve Davis from the Everglades Foundation provides an update
in the situation in the Florida Bay.
X11 0 10 1 klkll III 9LM43"
Item K 10 A motion was made by Commissioner Neugent and seconded by Commissioner
Murphy for approval of a resolution of the Board of County Commissioners of
Monroe County, Florida regarding the ecological conditions and restoration needs
of Everglades National Park and Florida Bay; urging the South Florida
Ecosystems Restoration Task Force and the State and Federal Governments to
expedite full implementation of planned restoration projects; requesting re-
initation of the bi-annual Florida Bay Sciences Conference; and inviting the South
Florida Water ManaRement District to brief the Commission on issues related to
the impacts of the currest crisis in Florida Bay and to outline a plan moving
forward for the construction and operation of critical restoration projects that will
help to prevent similar catastrophes from occurring in the future. Julie Dick
(representing Florida Keys Environmental Fund and Last Stand) and Dottie
Moses addressed the Board as public speakers.
Page 6 of 13
MINUTES
OF THE MONROE COUNTY
0:C4j:j "IF
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
Item C14 A motion was made by Commissioner Neugent and seconded by Commissioner
Murphy for approval of agreement with Guidance Care Center for the
Substance Abuse Mental Health local match funding for FY 2016.
A Roll -Call was taken by the Clerk with the following results:
Commissfioner Kolhage
Commissioner Murphy
C-4,Ff
Commissioner Rice
Mayor Carruthers
1 rIT917 3 q MW_ 0 1
Yes
Yes
Yes
Abstain, Voting Conflict
Yes
Item D2 Announcement of one vacant position at the Tourist Development Council
District V Advisory Committee for one "At Large" appointment.
Item D3 Approval of one "At Large" appointment to the Tourist Development Council
District III Advisory Committee. Applicants are: Mr. William Ehrhom, Ms. Trish
Hintze, Dr. Daniel Zieg, and Ms. Joanne Zimmerman. A recommendation was
made by Commissioner Neugent and seconded by Commissioner Kolhage to have
Mr. William Ehrhorn who presently sits on DAC for re -appointment.
Recommendation was approved unanimously.
Pamela Uslander addressed the Board as a public speaker prior to Kevin Wilson's
Staff Report. She owns and has operated a mobile food cart on Higgs Beach for
one year and is requesting a renewal of her lease agreement. Kevin Wilson,
Assistant County Administrator, explained the situation to the Board. After
discussion, a motion was made by Commissioner Murphy and seconded by
Commissioner Rice allowina this contract to be extended for six months with
Page 7 of 13
MINUTES
OF THE MONROE COUNTY
IN a a
understanding of no lateness. If it remains in good standing for that period of
time, will consider further extention. Motion was approved unanimously.
Kevin Wilson, Assistant County Administrator, provided a Cudjoe Monthly
Summary to the Board. Other areas of discussion were the on -site system and
Higgs Beach.
Item K5 Consideration of a request by the local chapter of the AARP # 13 51 for free public
transportation provided by the Monroe County Social Services Department for
seniors ages 60 and older. NJ Marinaro, Henry Fuller, Louis Latorre, Darlene
Bennett (representing AARP-Free Public Transportation) addressed the Board as
public speakers as well as Cheryl Graham; Director of Social Services.
Commissioner Kolhage directed staff to develop a program considering
Commissioner Rice's comments for fare free transportation services for senior
citizens 60 and older and bringing it back to the Board. No objections, it passes.
NUION lydr.1 13175 "043V T117-IM101
Item M8 Authorize entering into Amendment No. 6 with Erin L. Deady, P.A. for a
pilot project on integrating design of storm water, tidewater and road
elements in two communities for sea level rise adaption and to extend the
contract. Rhonda Haag; Sustanability Director sets the stage, and Kevin Wilson;
Assistant County Administator Public Works/Engineering, addressed the Board.
After discussion, a motion was made by Commissioner Rice and seconded by
Commissioner Murphy authorized entering into Amendment No. 6 with Erin L.
Deady. Motion was unanimously approved.
X1117511751VRI 001111,
Item K8 Yet another discussion regarding the permit request for the Ragnar Relay event
scheduled for February 2016 and direction. Chris Infurchia addressed the Boar
as a public speaker with a new proposal. After discussion, a motion was made
Cooner Murphy and seconded by Commissioner Kolhage to denied this
request. I
mmissi
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
No
lareTrow �19 - N
Page 8 of 13
MINUTES
OF THE MONROE COUNTY
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Lisa Tennyson, Intergovernmental Affairs, provides Legislative Update.
Item I I An Attorney -Client Closed Session in the matter of Robert Denenberg v.
Marine Mammal Conservancy, Inc., Richard Gudoian, Jr.; Monroe County and
Unknown Party/Parties in Possession and Monroe County v. Marine Mammal
Conservancy, Inc., Case No. 14-CA-364-P.
Mayor Heather Carruthers declared the closed meeting ended and returned to the
open session.
COUNTYATTORNEY
Item N5 Approval of Settlement Agreement and Release in the matter of Monroe County
v. Paul Mills, et al., Case No,: CA-K-10-1050 and authorization for the County
Attorney to execute same on behalf of the County. Julio Margalli representing
Paul Mills addressed the Board. Bob Shillinger; County Attorney read into the
record Judge Koenig's order and request this matter be tabled by the Board
pending further discussion. A Motion was made by Commissioner Rice and
seconded by Commissioner Kolhage. Motion was passed unanimously
COMPLIANCE DEPARTMENTS
Item H4 A resolution by the Board of County Commissioners amending the Local Housing
Assistance Plan as required by the State Housing Initiatives Partnership Program
Act, Subsections 420.907- 420.9079, F.S., and Rule Chapter 67-37, F.A.C., as
recommended by the Monroe County Affordable Housing Advisory Committee.
Dotti Moses addressed the Board as a public speaker. A Motion was made by
Commissioner Rice and seconded by Commissioner Murphy to adopt the
following resolution. Motion was passed unanimously.
Item H5 A resolution by the Board of County Commissioners approving an inventory of
county -owned real property which may be appropriate for affordable housing, as
required by Section 125.379 F.S., and as recommended by the Monroe County
Affordable Housing Advisory Committee. Dottie Moses addressed the Board as a
public speaker (wavied). A Motion was made by Commissioner Rice and
seconded by Commissioner Murphy to adopt the following resolution. Motion
was passed unanimously.
Page 9 of 13
MINUTES
OF THE MONROE COUNTY
*F CWiPA1iTY C*1,v11,v1ISSI*NE_&S
DECEMBER 9,2015
Item K9 Discussion of County Office closure, Christmas Eve and New Year's Eve. A
Motion was made by Commissioner Kolhage and seconded by Commissioner
Murphy granted County Offices to closed one full day on the 24"' and half day on
Also to include all employees wheather or not covered under Collective
Bargain Agreement. After further discussion Commissioner Kolhage withdrew
his motion and another Motion was made by Commissioner Neugent and
seconded by Commissioner Rice to allow two full days to include all employees.
A roll -call was taken by the Clerk with the following results:
Commissioner Kolhage
Yes
Commissioner Murphy
No
Commissioner Neugent
Yes
Commissioner Rice
Yes
Mayor Carruthers
Yes
COUNTY CLERK
Item L I Clerk Heavilin expressed her concern to the BOCC that an Ordinance (024-2015)
recently approved by the county that delegated authority to the County
Administrator to use his discretion in negotiating and executing contracts on the
county's behalf may be in conflict with opinions from the Florida Attorney
General (AGO-88-61) and state statutes (Section 125.74). In an effort to avoid
delays in payments to county vendors due to questions about the validity of
administrator -approved contracts, Clerk Heavilin requested that the County
Commission suspend the use of the recent ordinane and have all county contracts
brought before the Commission for approval.
I I I I
VIA -
Item M3 Discussion and approval of the 2016 appointments of Commissioners to vario
duties. i
Page 10 of 13
MINUTES
• THE MONROE •
BOARD • •• COMMISSIONERS
DECEMBER 9,2015
Item M4 Approval of Third Amendment to and Extension of Employment
Agreement of County Administrator Roman Gastesi. Robby Majeska addresse��
the Board as a public speaker. After discussion, a Motion was made by
Commissioner Rice and seconded by Commissioner Neugent.
Commissioner Kolhage
No
Commissioner Murphy
Yes
Commissioner Neugent
Yes
• Rice
Yes
• Carruthers
Yes
7"n"ITINTIM II
Item P I Approval of a resolution renewing the intent to use the uniform method to collect
non -ad valorem special assessments toward the cost of providing wastewater
utility services to properties on Stock Island, Key Haven, Big Coppitt, Lower
Sugarloaf through Big Pine Key, No Name Key, Long Key, Duck Key excluding
Indies Island, and three parcels on Boca Chica. No public speakers. A motion
was made by Commissioner Murphy and seconded by Commissioner Rice to
adopt the following resolution. The Motion passed unanimously.
Item P2 A public hearing for a proposed abandonment of a portion of the right-of-way o
Nautilus Street and Corsair Road of "Plantation Island", Duck Key, adjacent to
Lot 14, Block 5 according to the plat thereof, recorded in Plat Book 5, Page 82
the public records of Monroe County, Florida. No public speakers. A motion
was made by Commissioner Rice and seconded by Commissioner Murphy to
adopt the following resolution. The Motion passed unanimously. I
193 51MIG"t 101a,
Item P3 A public hearing to consider a resolution transmitting to the State Land Planning
Agency an ordinance by the Monroe County Board of County Commissioners
amending the Monroe County Future Land Use Map (FLUM) from
ResidentialConservation (RC) to Recreation (R) and Conservation (C) for
property described as a parcel of land in Section 24, Township 59 South, Range
40 East, Key Largo, Monroe County, Florida, and also being a portion of Tract A,
Harbor Course South, Section One, Ocean Reef Plat No. 14 (Plat Book 7, Page
9), Key Largo, Monroe County, Florida, having Real Estate Number
00573690.003900, as proposed by Ocean Reef Club Inc. (Legislative
Proceeding). Joel Reed addressed the Board as a public speaker. A Motion was
Page 11 of 13
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
DECEMBER 9, 2015
the following resolution. The Motion passed unanimously.
Item M9 A Motion was made by Commissioner Murphy and seconded by Commissioner
Rice for approval to accept the Southeast Florida Regional Climate Change
Compact Counties 2016 State and Federal Energy and Climate Legislative
Programs. The Motion passed •
MEMERM
Item N3 Approval to initiate litigation by filing a petition to intervene in the Public Service
Commission application by Key West Resort Utilities (KWRU) for an increase in
wastewater rates in Monroe County, Docket No. 150071-SU. Bob Shillinger;
County Attorney request to have this item deleted and to be brought back to the
Board at a later time. Kevin Wilson, Assistant County Administrator addressed
the Board. No other questions. Item deleted for today and to be brought back in
the future.
Page 12 of 13
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
DECEMBER 9,2015
There being no further business, the meeting of the Board of County Commissioners was
ADJOURNED.
Amy Heavilin, CPA
Ex-officio Clerk to the Monroe County, FL
Board of County Commissioners
By: Cheryl Robertson
Executive Aide/Deputy Clerk
Page 13 of 13