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08/15/2018 RegularMINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, August 15, 2018 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. ADDITIONS, CORRECTIONS, DELETIONS Al Motion was made by Commissioner Murphy and seconded by Commissioner Neugent granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried unanimously. BULK APPROVALS Motion was made by Commissioner Carruthers and seconded by Commissioner Neugent granting approval of the following items by unanimous consent: C1 Board granted approval and authorized execution of the Third Amendment to Agreement to update current revisions pursuant to Ordinances and Federal required contract provisions with Air Mechanical & Service Corp. for central air conditioning maintenance and repairs at Middle Keys Facilities. Funding is ad valorem. C2 Board granted approval to purchase equipment for the upgrade of the Key Largo Murray Nelson Government Center broadcast studio and supporting technology, including new TVs for better viewing, using General Services Administration cooperative purchasing pricing in an amount of $120,857.00. C3 Board granted approval to advertise for a Public Hearing to consider adoption of an Ordinance revising Section 25 -2 of the Monroe County Code to revise the speed limit on portions of Card Sound Road. C4 Board granted approval to advertise for a Public Hearing to consider adoption of an Ordinance revising Section 19 -4 of the Monroe County Code to designate the Florida's Turnpike Enterprise, a division of the Florida Department of Transportation, as toll II Page () 8 �; 2 () 1 8 enforcement officers and to authorize enforcement of payment of tolls and issue Uniform Traffic Citations for the Card Sound Road Toll Facility. C5 Board granted approval of the Issuance (renewal) of a Class A Emergency Medical Services Certificate of Public Convenience and Necessity to Key Largo Volunteer Ambulance Corps., Inc. for the operation of an ALS transport ambulance service. C6 Board granted approval to award the annual lump sum bonus to the Billing Supervisor in the amount of 10% of her unloaded base salary; and approval to award the annual lump sum bonuses to the two Billing Specialists in the amount of 10% of their unloaded base salaries based on an average collection rate of 53.97% compared to the baseline collection rate of 33.7% for the period July 1, 2017 to June 30, 2018. C7 Board granted approval to award bid and authorized execution of a Contract with the lowest responsive bidder, Roofing by Ruff, Inc., for $794,000.00 for the replacement of portions of the roof at the East Martello, funded by the Tourist Development Council. C8 Board granted approval and authorized execution of a Memorandum of Agreement between the United States Coast Guard, the Florida State Historic Preservation Officer and Monroe County regarding the replacement of the Duck Key bridges. C9 Board granted approval and authorized execution of McFarland Johnson Task Order No. 2017 -02A in the amount of $79,169.00, supplementing Task Order 2017 -02, by adding New Roof and HVAC /Chiller Design and Bidding Services and Structural Column Evaluation/Report for the Customs and Border Protection Facility Phase III to final at the Key West International Airport; to be paid from FDOT Grant AQH10 (50 %) and Airport Operating Fund 404 (50 %). C10 Board granted approval and authorized execution of a Commercial Sponsorship Agreement with Morale, Welfare & Recreation Department Naval Air Station (NAS) Key West in the amount of $5,000.00 in support of the NAS Key West 2019 Southernmost Air Spectacular event to be held at the Naval Air Station Boca Chica Field on March 30 & 31, 2019; to be paid from the Airport Operating Fund 404. C11 Board granted approval to ratify the Federal Aviation Administration AIP Grant Agreement 43 -12- 0037 - 056 -2018 providing funding to Rehabilitate Taxiway A, and Taxiway A Lighting Design ($541,048.00), and Modify Access Road (Faraldo Circle) Design and Construction ($678,420.00) at the Key West International Airport. The project will be funded 90% by FAA, 5% FDOT (GOR03), and 5% Passenger Facility Charges (PFC 4 18). C12 Board granted approval and authorized execution of Change Order No. 20 with OAC Action Construction Corp., increasing contract amount by $3,269.41 for the Key West Airport Customs Facility Phase II Project, funded 50% by FDOT grant AQH10 and 50% Airport Operating Fund 404. C13 Board granted approval to advertise the Florida Keys Marathon International Airport Car Wash Facility Project, contingent upon receipt of anticipated supplemental FDOT grant and 2 1Page 0 8 �; 2 1 8 contingent upon Public Works funding the 20% match. The project is being funded by FDOT (80 %) and Public Works (20 %). C15 Board accepted the report of monthly Change Orders for the month of July 2018 reviewed by the County Administrator /Assistant Administrator. Said report is incorporated herein by reference. C16 Board granted approval of the Issuance (renewal) of a Class A Certificate of Public Convenience and Necessity to Florida Keys Ambulance Service, Inc. for the operation of an ALS transport ambulance service; specifically for inter - facility transports. C17 Board granted approval of the Issuance (renewal) of a Class B Certificate of Public Convenience and Necessity to Florida Keys Ambulance Service, Inc. for the operation of a non - emergency medical transportation service for the period September 17, 2018 to September 16, 2020. C18 Board granted approval and authorized execution of a Contract with West Construction, Inc. for the construction of the New Cudjoe Fire Station at a total cost of $3,884,185.00. The construction of the new fire station is paid for through the One Cent Infrastructure Sales Tax. C19 Board granted approval and authorized execution of an Agreement with the State of Florida, Department of Environmental Protection, Division of Waste Management, for the Small County Consolidated Solid Waste Grant Agreement Number SC824, for Fiscal Year 2017 -2018. C21 Board granted approval and authorized execution of an Agreement with Sheriff Richard A. Ramsay to provide 149.6 square feet of office space to the Monroe County Sheriffs Office at Bernstein Park on Stock Island, Key West, FL, for one year. C22 Board adopted the following Resolutions concerning the Transfer of Funds and Receipt of Unanticipated Funds: Receipt of Unanticipated Funds (OMB Schedule Item No. 1). RESOLUTION NO. 205 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 2). RESOLUTION NO. 206 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 3). RESOLUTION NO. 207 -2018 Said Resolution is incorporated herein by reference. 3 1Page 0 8 �; 2 1 8 Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 208 -2018 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO. 209 -2018 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 6). RESOLUTION NO. 210 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 211 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 212 -2018 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 9). RESOLUTION NO. 213 -2018 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 214 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 215 -2018 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 216 -2018 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 217 -2018 Said Resolution is incorporated herein by reference. C23 Board granted approval to ratify the new Sublease with the Matecumbe Historical Trust Corporation which was modified and approved by the Florida Department of Transportation. The Sublease covers the parcel of land where the "red caboose" is currently located in Islamorada. 4 1Page () 8 �; 2 () 18 C24 Board granted approval to rescind Item C31 from June 20, 2018, BOCC Agenda and granted approval and authorized execution of the Annual Agreement between Tranquility Bay Adult Day Care (of Plantation Key) and Monroe County Social Services to provide Facility - Based Respite Services to elderly and disabled citizens residing throughout Monroe County in an amount not to exceed $50,000.00 for the period of July 1, 2018 through June 30, 2019. C25 Board granted approval to rescind Item C30 from June 20, 2018, BOCC Agenda and granted approval and authorized execution of the Annual Agreement between Tranquility Bay Adult Day Care of Marathon CORP., and Monroe County Social Services to provide Facility - Based Respite Services to elderly and disabled citizens residing throughout Monroe County in an amount not to exceed $30,000.00 for the period of July 1, 2018 through June 30, 2019. HURRICANE IRMA RECOVERY D4 Board granted approval for the Mayor to sign transfer of title for County Vehicle No. 0903 -5361, 2006 Ford F -150, VIN#1FTRF12256NA92681 to Florida League of Cities, Inc. for the settlement amount of $7,605.66. This vehicle was totaled by Hurricane Irma. D5 Board granted approval of Revenue Grant Agreement Number LP44074 with the Florida Department of Environmental Protection to approve the expenditure of $4.0 million in Fiscal Year 2017 -18 Keys Stewardship funds; and, $1.5 million in Fiscal Year 2018 -19 Keys Stewardship funds, totaling $5.5 million, towards Monroe County's local cost share match maximum of $7,930,383.00 under USDA NRCS Grant NR184209XXXXCO27 for marine debris removal and related services resulting from Hurricane Irma; providing for an effective date. D6 Board adopted the following Resolution pursuant to F.S. 125.38 approving a two Year Lease Agreement at a rate of $10.00 per term with the Monroe County Long Term Recovery Group (LTRG) to allow use of the County owned vacant lot at 30320 Overseas Highway, Big Pine Key, FL, parcel ID 00111410- 000100, to provide temporary housing for disaster relief workers coordinated by LTRG. RESOLUTION NO. 218 -2018 Said Resolution is incorporated herein by reference. D7 Board granted approval to apply for funding from the U.S. Department of Commerce, Economic Development Administration, to support the development of a comprehensive Post Disaster Redevelopment Strategy with an in -kind match and approval for the Mayor or County Administrator to sign all necessary documentation. D8 Board granted approval to apply for funding from the U.S Department of Commerce, Economic Development Administration, to support the expansion of publicly available resilient internet service through wireless access points on public buildings and authorization for the Mayor or County Administrator to sign all necessary documentation relating to the grant application and award, including the authorization for the Mayor to sign letter requesting support to partially fund this project. 5 1Page 0 8 �; 2 1 8 D10 Board granted approval to award bid and authorized execution of a Contract with A -1 Property Services Group, Inc. in the amount of $119,500.00 for the re- roofing of the Tavernier Fire Station following the damage caused by Hurricane Irma. D11 Board granted approval to award bid and authorized execution of a Contract with Sea Tech of the Florida Keys, Inc. in the amount of $118,825.00 for drywall repairs and flooring at the Marathon Annex building for damages imposed by Hurricane Irma. Funded through hurricane funds. TOURIST DEVELOPMENT COUNCIL E2 Board granted approval and authorized execution of an Amendment to Agreement with Two Oceans Digital d /b /a FloridaKeys.com to exercise option within agreement to extend for an additional two year period to September 30, 2020 under the same terms and conditions. E3 Board granted approval and authorized execution of an Amendment to Agreement with The Studios of Key West, Inc. for the Studios of Key West Cultural Event to revise Exhibit D (budget) of Agreement due to an administrative error which inadvertently omitted the advertising cost for the event. E4 Announcement of one vacant position on the Tourist Development Council District IV Advisory Committee for one "At Large" appointment. E5 Announcement of one vacant position on the Tourist Development Council District IV Advisory Committee for one "At Large" appointment. PLANNING & ENVIRONMENTAL, BUILDING & CODE COMPLIANCE DEPARTMENTS Kl Board granted approval and authorized execution of a Contract with Adventure Environmental, Inc. for Removal, Refloating and /or Demolition and Disposal of Derelict Vessels, Floating Structures and Marine Debris. K2 Board granted approval and authorized execution of Work Order 4006 for AECOM to update the draft and finalize the Origin- Destination Study of the Traffic Impacting Monroe County, in the amount of $ 17,963.11 under the Transportation Planning Services Contract with AECOM Technical Services, Inc. contract funded at 100% through a Joint Participation Agreement from the Florida Department of Transportation. K3 Board granted approval of a Task Assignment (FK -157) with Florida Fish & Wildlife Conservation Commission to receive $80,000.00 which will allow the County to hire a contracted crew of invasive exotic plant control technicians to treat invasive exotic plants on conservation lands that are owned or managed by Monroe County. 6 1Page 0 8 �; 2 1 8 K5 Board granted approval of a waiver of approximately $29,500.00 in building permit fees for four deed - restricted affordable housing units to serve the 80% of median income level to be built on four lots on Avenue A, Avenue B, and Avenue H, at approximate mile marker 31, having real estate numbers 00300890 - 000000, 00300740 - 000000, 00300840 - 000000, and 00306250- 000000 by Florida Keys Community Land Trust. K6 Board granted approval and authorized execution of a Contract with Underwater Engineering Services, Inc. for Installation and Maintenance of Aids to Navigation and Regulatory Markers in Monroe County. K7 Board granted approval and authorized execution of a Contract with American Underwater Contractors, Inc. for Installation and Maintenance of Aids to Navigation and Regulatory Markers in Monroe County. K8 Board granted approval and authorized execution of a Contract with Coffin Marine Services, Inc. for Installation and Maintenance of Aids to Navigation and Regulatory Markers in Monroe County. K9 Board granted approval and authorized execution of a Contract with Key West Harbor Services, Inc. for Installation and Maintenance of Aids to Navigation and Regulatory Markers in Monroe County. K10 Board granted approval and authorized execution of a Contract with Coral Construction Company for Installation and Maintenance of Aids to Navigation and Regulatory Markers in Monroe County. SOLID WASTE Ml Board adopted the following Resolution to adopt tentative Solid Waste Collection Rates for commercial waste generators for Fiscal Year 2018 -2019. RESOLUTION NO. 219 -2018 Said Resolution is incorporated herein by reference. COMMISSIONER'S ITEMS N1 Board granted approval of an Employment Agreement and confirmation of Isabel DeSantis as Executive Assistant to Commissioner Danny Kolhage, District l; authorization for County Administrator to execute the employment agreement. N5 Board granted approval of Commissioner Carruthers appointment of Diane Schmidt as the Lodging Industry representative on the Tourist Development Council to fill the remaining term vacated by Julie Fondriest, who is no longer a hotelier, and to fill the new term beginning September 18, 2018. 7 1Page () 8 �; 2 () 18 COUNTY CLERK 01 Board granted approval of the minutes from the Regular Meetings of April 19, 2018 and June 20, 2018. Said minutes are incorporated herein by reference. 02 Board granted approval of Tourist Development Council expenses for the month of July 2018, as follows: Advertising, in the amount of $509,727.50; Bricks & Mortar Projects, in the amount of $2,060,442.85; Events, in the amount of $128,667.61; Office Supplies & Operating Costs, in the amount of $23,008.10; Personnel Services, in the amount of $118,634.17; Public Relations, in the amount of $116,162.09; Sales & Marketing, in the amount of $90,644.62; Telephone & Utilities, in the amount of $10,439.63; Travel, in the amount of $12,963.41; Visitor Information Services, in the amount of $95,126.02. 03 Board granted approval of FKAA invoices $50,000.00 or over for the Fiscal Year (to include salaries), relating to the Cudjoe Regional Wastewater System Project. Said invoices are incorporated herein by reference. 04 Board granted approval of FKAA invoices for the Fiscal Year (to include salaries), relating to the Cudjoe Regional Wastewater System Project. The invoices under $50,000.00 are being provided for information only. Said invoices are incorporated herein by reference. 05 Board granted approval to dispose of surplus items. Said list is incorporated herein by reference. 06 Board granted approval BOCC Warrants (Including Payroll), for the month of July 2018, 10039681- 10040667, 50004369- 50004463 (PR), 3097836- 3098953 (PR Voucher), 23561- 23657 (WC), as follows: 001 General Fund, in the amount of $4,527,375.31; 101 Fine & Forfeiture Fund, in the amount of $4,100,415.14; 102 Road & Bridge Fund, in the amount of $351,237.65; 115 TDC District Two Penny, in the amount of $334,545.13; 116 TDC Admin & Promo 2 Cent, in the amount of $292,644.14; 117 TDC District 1,3 Cent, in the amount of $2,237,350.48; 118 TDC District 2,3 Cent, in the amount of $38,689.55; 119 TDC District 3,3 Cent, in the amount of $91,109.96; 120 TDC District 4,3 Cent, in the amount of $44,632.24; 121 TDC District 5,3 Cent, in the amount of $50,387.96; 125 Gov Fund Type Grants, in the amount of $715,329.13; 141 Fire & Amb Dist 1 L &M Keys, in the amount of $853,468.88; 147 Uninc Svc Dist Parks &Rec, in the amount of $138,239.16; 148 Plan, Build, Zoning, in the amount of $504,233.20; 149 Municipal Policing, in the amount of $573,701.29; 152 Duck Key Security Dist, in the amount of $7,466.21; 153 Local Housing Assistance, in the amount of $4,400.00; 157 Boating Improvement Fund, in the amount of $61,969.96; 158 Misc Special Revenue Fund, in the amount of $250,527.05; 160 Environmental Restoration, in the amount of $12,745.16; 163 Court Facilities, in the amount of $7,629.47; 164 Drug Facilities Fees, in the amount of $6,869.44; 168 Bay Point Wastewater MSTU, in the amount of $33.36; 171 Stock Island Wastewater, in the amount of $585.35; 180 Building Funds, in the amount of $339,748.39; 304 1 Cent Infra Surtax, in the amount of $367,931.69; 308 Infrastructure Sales Tax Revenue Bond, in the amount of $25,713.40; 311 Duck Key Wastewater, in the amount of $66.71; 312 Cudjoe Regional WW Proj, in the amount of $14,655.54; 314 Series 2014 Revenue Bonds, in the amount of $465,106.34; 316 Land Acquisition, in the amount of 8 1Page 0 8 �; 2 1 8 $86,632.25; 401 Card Sound Bridge, in the amount of $21,886.46; 403 Marathon Airport, in the amount of $172,965.83; 404 Key West Intl Airport, in the amount of $797,571.86; 406 PFC & Operating Restrictions, in the amount of $2,034,832.43; 414 MSD Solid Waste, in the amount of $1,307,719.98; 501 Worker's Compensation, in the amount of $154,223.43; 502 Group Insurance Fund, in the amount of $1,628,883.18; 503 Risk Management Fund, in the amount of $46,740.03; 504 Fleet Management Fund, in the amount of $123,635.80; 610 Fire /EMS LOSAP Trust Fund, in the amount of $7,266.00. COUNTY ADMINISTRATOR P3 Board granted approval and authorized execution of Amendment 1 to the Agreement for Consulting Services for Communications and Public Relations During and After Hurricane Irma with Stuart Newman Associates, Inc. to increase the total amount by $5,000.00 for an additional task for a total contract amount of $54,999.99. P4 Board granted approval of the appointment of Lisa Harris to the Health Council of South Florida for a two year term in the category of Consumer, replacing Debra Walker, with a term expiration date of August 15, 2020. P9 Board granted approval to enter into a one year no cost time extension to the Agreement with Stetson University to improve elevation data and analyze opportunities and barriers for use in sea level rise adaptation planning, retroactive to January 31, 2018 and extending to January 31, 2019. COUNTY ATTORNEY Q4 Board granted approval and authorized execution of the Third Amendment to Agreement for Provision of Legal Services with George A. Helm, III P.A. (outside counsel for workers' compensation cases), to add attorney Philip R. Augustine as an approved timekeeper. Q5 Board granted approval and authorized execution of the First Amendment to Agreement for Provision of Legal Services with Rissman, Barrett, Hurt, Donahue & McLain, P.A. (outside counsel for workers' compensation cases), to add attorney Matthew R. Bussin, Esq. as an approved timekeeper. Q6 Board granted approval to opt into the class action lawsuit for recovery of Payments in Lieu of Taxes for Fiscal Years 2015, 2016 and 2017; and authorization for the County Attorney or designee to execute all necessary documents. Q9 Board granted approval to advertise a Public Hearing to consider approval of an Ordinance creating a process to issue trespass warnings for Monroe County public property and facilities and establishing an informal appellate process. 9 1Page 0 8 �; 2 1 8 AIRPORTS T1 Board granted approval and authorized execution of Change Order 23 with OAC Action Construction Corp., increasing contract time by 62 days, thereby extending substantial completion date to August 31, 2018, for the Key West Airport Customs Facility Phase II Project. LIBRARIES T2 Board granted approval and authorized execution of an amendment to the original Contract of March 1, 2010, between Polaris Integrated Library System (acquired by Innovative Interfaces Incorporation on March 31, 2014) and the Monroe County Public Library, to license additional software, as outlined in the attached amendment. SUSTAINABILITY T4 Board granted approval and authorized execution of Amendment No. 1 to Contract with Adventure Environmental, Inc. for removal of marine debris created by Hurricane Irma from canals in unincorporated Monroe County, City of Marathon and Village of Islamorada; to modify the amount of the bond; and approval for the County Administrator to execute the amendment and future documents. T5 Board adopted the following Resolution by the Monroe County Board of County Commissioners to continue authorizing temporary emergency marine Disaster Debris Management Site and vessel staging area on a parcel of land known as the Cudjoe Transfer Station, for the collection, storage, and transfer of marine debris and vessels related to Hurricane Irma, effective June 12, 2018, for a duration of up to 365 days to June 11, 2019; and providing an effective date. RESOLUTION NO. 220 -2018 Said Resolution is incorporated herein by reference. COUNTY ATTORNEY T6 Board granted approval and authorized execution of a second corrected Interlocal Agreement with the City of Marathon to transfer eighteen affordable allocations from the County to the City for use at the St. Columba Project on the condition that the eighteen existing market rate allocations harvested from that site can only be used in the unincorporated area of the County; and rescind approval of the corrected Interlocal Agreement as approved July 31, 2018 (Item C3). Motion carried unanimously. 101Page () 8 �; 2 () 18 COUNTY ADMINISTRATOR Roman Gastesi, County Administrator, advised that they have four sites that they are evaluating for the Keys Overnight Temporary Shelter (KOTS). Greg Veliz, Assistant City Manager City of Key West, addressed the Board. PLANNING & ENVIRONMENTAL, BUILDING & CODE COMPLIANCE DEPARTMENTS Kl 1 Emily Schemper, Acting Senior Director of Planning & Environmental Resources; and, Bob Shillinger, County Attorney, addressed the Board regarding potential amendments to the Comprehensive Plan and /or Land Development Code to address density issues on parcels of land within the Improved Subdivision (IS) zoning district that are not platted lots. The following individuals addressed the Board: John Slattery, Henry A. Olynger, Albert Kelley and Mark Oliver. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Neugent directing staff to process the following text amendments to the Comprehensive Plan and Land Development Code: LDC Sec. 130 -157. Maximum permanent residential density and minimum required open space. The maximum permanent residential density for those uses permitted by this chapter and minimum required open space shall be in accordance with the following table: Maximum Permanent Residential Density and Minimum Open Space Land Use District Allocated Density (a)(b) DU /Gross Acre of Upland Maximum Net Density (a)(b)(c) DU /Buildable Acre Minimum Open Space Ratio (d) Improved Subdivision IS 1 /lot or 1 /pre -1986 parcel (g) 0 0.20 Within the IS zoning district. the allocated density shall be 1 dwelling unit Der Darcel for parcels that meet all of the following conditions: 1) The parcel boundaries must have been established in their current configuration prior to September 15, 1986; 2) The applicant must provide sufficient evidence that the parcel boundaries were established before September 15. 1986 (such as one or more of the following: boundary, survey, deed etc. 3) The parcel may not be identified for any other use or purpose on a plat (e.g., "park ". "common area ", etc.); 4) The subject parcel may not be a fractional portion of a platted lot; 5) The parcel must have a Tier designation of Tier III; 111Page 08 �; 2 018 6) The subject parcel must include all infrastructure (Potable water, adequate wastewater treatment and disposal wastewater meeting adopted LOS, paved roads, etc.); and 7) The subject parcel must comply with Policy 301.2.5 of the Comprehensive Plan regarding legal access. (Note: (a). (h). (i) and (i) in the current Code will be renumbered to (h). (i)L (i)_ and (k) respectively). Roll call vote 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 Kolhage, Commissioner Neugent, Mayor Rice, Councilman Bruce Halle. Mayor Norman Anderson and Councilwoman Katie Scott were not present. Hl James Callahan, Fire Chief, and Mr. Gastesi addressed the Board concerning approval to award the annual lump sum bonus to the Billing Supervisor in the amount of 10% of her unloaded base salary; and approval to award the annual lump sum bonuses to the two Billing Specialists in the amount of 10% of their unloaded base salaries based on an average collection rate of 53.97% compared to the baseline collection rate of 33.7% for the period July 1, 2017 to June 30, 2018. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Kolhage granting approval of the item. Motion carried unanimously, with Mayor Anderson and Councilwoman Scott not present. The Board of Governors, Fire & Ambulance District 1, adjourned. The Board of County Commissioners meeting reconvened with all commissioners present. MISCELLANEOUS BULK APPROVALS C14 T.J. Henderson, Acting Director of Airports, made a Power Point Presentation concerning the approval of the Key West International Airport (EYW) Master Plan update. The Master Plan is a comprehensive study of the Airport and describes short -, medium -, and long -term development plans to meet future aviation needs. Mr. Gastesi addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Carruthers granting approval of the plan and authorizing submission to FAA. Motion carried unanimously. ENGINEERING Jl Pamela Hancock, Deputy Clerk, swore in Judith Clarke, Director Engineering Services /Roads & Bridges, Edgar G. Braswell and Rachel Bayshore, for the quasi - judicial 12 )Pa g e () 8 �; 2 () 18 hearing, regarding the appeal by Edgar G. Braswell of denial of an After - The -Fact Right -of -Way permit for unpermitted landscaping on the County Right -of -Way. Mr. Shillinger addressed the Board. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to deny the appeal. Roll call vote carried unanimously. HURRICANE IRMA RECOVERY Dl Scott Petric, Wildfire Mitigation Specialist and Public Information Officer and Edward Vuolo, representing the Florida's Division of State Forestry, made a Power Point Presentation regarding the process of debris clearing to mitigate risk of wild fires in Big Pine Key and any other areas as determined. D2 Mr. Shillinger addressed the Board concerning approval of a Resolution finding that the accumulation of dead vegetative debris generated by Hurricane Irma presents a fire hazard, and directing and authorizing County staff to take appropriate steps to remove the debris from public and private property in coordination with federal, state and local agencies. Motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 221 -2018 Said Resolution is incorporated herein by reference. MISCELLANEOUS BULK APPROVALS C20 Kevin Wilson, Assistant County Administrator; Mr. Shillinger, Tina Boan, Sr. Director Budget & Finance; and Mr. Gastesi addressed the Board concerning approval of an Interlocal Agreement between Monroe County and the City of Key West for the scheduling of Bernstein Park's athletic fields and field maintenance consulting. The following individuals addressed the Board: Diane Beruldson, representing Gerald Adams and Stock Island Girl Flag Football; and Tami McGrail, representing Youth Recreation Action Committee. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Kolhage granting approval of the item. Motion carried unanimously. Board directed staff to report back in one year on the status of the agreement, unless there are issues that needed to be addressed before that time. COUNTY ADMINISTRATOR P8 Henry Briceno, Research Professor, Florida International University, made a Power Point Presentation of the Final Report on the Water Quality Monitoring Project for Demonstration of Canal Remediation Methods in the Florida Keys by Florida International University. Greg Corning, representing Wood Environment & Infrastructure Solutions, Inc.; Rhonda Haag, Director Sustainability & Projects; Mr. Gastesi and Mr. Shillinger addressed the Board. Ms. Haag addressed the Board concerning the following two items (P6 & P7). After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Carruthers granting approval and authorizing execution of the following two items: 131Page () 8 �; 2 () 18 P6 Approval to enter into a $360,718.00 Grant Agreement MN008 for Water Quality monitoring Services in support of the Florida Keys Reasonable Assurance Document with the Florida Department of Environmental Protection (DEP), of which $180,259 is provided by DEP and $180,259 is the local cost share to be provided by the County and municipalities. P7 Approval to enter into a $360,718.00 Agreement with the University of Miami for Water Quality Monitoring Services in support of the Florida Keys Reasonable Assurance Document with the Department of Environmental Protection (DEP), 50% funding to be provided by DEP through Grant Agreement MN008 and 50% funding cost share provided by the County and municipalities. Motion carried unanimously. P5 Mr. Wilson and Mr. Shillinger addressed the Board concerning approval of a Fourth Amendment to the Contract with Florida Keys Society for the Prevention of Cruelty to Animals, Inc. (FKSPCA) to add up to $196,696.00/year to the Lower Keys animal control contract to provide funding for increased operating expenses for the new animal control building. Funds are from the ad valorem budget. The following individual addressed the Board: Sue Turner, representing FKSPCA. After discussion, motion was made by Commissioner Murphy and seconded by Mayor Rice granting approval and authorizing execution of the item. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage No Commissioner Murphy Yes Commissioner Neugent Yes Mayor Rice Yes Motion carried. CLOSED SESSIONS L1 Mr. Shillinger announced an Attorney- Client Closed Session in the matter of State of Florida vs. Scott Pearson, Case No. 16 -CA -371 -P and read the required language into the record pursuant to F.S. 286 - 011(8). Mr. Shillinger advised that the following persons would be present at the meeting: the County Commissioners, County Administrator Roman Gastesi, County Attorney Bob Shillinger, Assistant County Attorney Steve Williams and a certified court reporter. Mayor Rice declared the open session of the meeting closed. After the closed session, the meeting was re- opened. L2 Mr. Shillinger announced an Attorney- Client Closed Session in the matter of Roy's Trailer Park, Inc., d1h1a Island Life Village v. Eric Noel and Marie C. Noel and Monroe County, Case No. CC -K -18 -112 and read the required language into the record pursuant to F.S. 286 - 011(8). Mr. Shillinger advised that the following persons would be present at the meeting: the County Commissioners, County Administrator Roman Gastesi, County Attorney Bob Shillinger, Assistant 141Page () 8 �; 2 () 18 County Attorney Steve Williams and a certified court reporter. Mayor Rice declared the open session of the meeting closed. After the closed session, the meeting was re- opened. COMMISSIONER'S ITEMS N3 Tim Pedigo, representing David Wolkowsky, addressed the Board concerning approval of a Resolution of the Board of County Commissioners of Monroe County, Florida in support of the renaming of Ballast Key to "David Wolkowsky Key ", Monroe County, Florida. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Neugent to adopt the following Resolution. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage Yes Commissioner Murphy No Commissioner Neugent Yes Mayor Rice Yes Motion carried. RESOLUTION NO. 222-2018 Said Resolution is incorporated herein by reference. COUNTY ADMINISTRATOR P2 Sarah Fangman, Superintendent, and Dr. Andy Bruckner, Research Coordinator, with Florida Keys National Marine Sanctuary made a Power Point Presentation regarding a current threat to Florida's coral reefs. Ms. Fangman advised that they will provide updates on their website https: / /floridakevs.noaa.�ov // . Mr. Shillinger addressed the Board. PUBLIC HEARINGS R1 A Public Hearing was held to consider adoption of an Ordinance abolishing the municipal service taxing or benefit unit Districts created for fire protection and ambulance services by Ordinance No. 5 -1977 which are no longer utilized due to the creation of the Lower and Middle Keys Fire and Ambulance District in 1988 and Key Largo Fire Rescue and Emergency Medical Services District in 2005 and Approval of a Resolution to authorize staff to dissolve District accounts, property and contracts. There were no public speakers. Motion was made by Commissioner Murphy and seconded by Commissioner Neugent to adopt the following Ordinance and Resolution. Motion carried unanimously. ORDINANCE NO. 016 -2018 Said Ordinance is incorporated herein by reference. RESOLUTION NO. 223 -2018 Said Resolution is incorporated herein by reference. 15 )Pa g e () 8 �; 2 () 1 8 R2 A Public Hearing was held to consider approval of a Resolution to continue the imposition of wastewater assessments and to set the annual rate for all previously approved assessment rolls including Big Coppitt, Duck Key, Stock Island including Stock Island Phase 2, Cudjoe Regional Centralized Inner & Outer Island and Expanded Parcels within the Cudjoe Regional Service Area, East /West Long Key, No Name Key, and Middle /Big Torch Key service areas. The administrative cost associated with the imposition of wastewater assessments is paid from the collection of the annual assessments. There were no public speakers. Motion was made by Commissioner Murphy and seconded by Commissioner Kolhage to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 224 -2018 Said Resolution is incorporated herein by reference. R3 A Public Hearing was held to consider approval of an Ordinance by the Monroe County Board of County Commissioners amending the Monroe County Land Use District (Zoning) Map from Sparsely Settled (SS) to Suburban Residential (SR), for property located at 10 Egret Lane, Geiger Key, approximately Mile Marker 11, legally described Lots 4- 7, Block 6, Boca Chica Ocean Shores, Geiger Key, recorded in Plat Book 5 at Page 49 of the Public Records of Monroe County, Florida, having Parcel ID 00142020- 000000, as proposed by Smith Hawks, PL on behalf of Debra S. Toppino, as Trustee of the Debra S. Toppino Living Trust and Richard Toppino (File 2018 -091). The following individuals addressed the Board: Richard Toppino and Bart Smith. Ms. Schemper and Steve Williams, Assistant County Attorney, addressed the Board. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Neugent to adopt the following Ordinance approving the map change and authorizing the County Attorney to issue whatever document is necessary to release the restriction placed on the deed in this case. Roll call vote was taken with the following results: Commissioner Carruthers No Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Neugent Yes Mayor Rice Yes Motion carried. ORDINANCE NO. 017 -2018 Said Ordinance is incorporated herein by reference. R4 A Public Hearing was held to consider approval of an Ordinance by the Monroe County Board of County Commissioners extending an Interim Development Ordinance for an additional 365 days to defer the approval of new applications or received applications that have not been fully approved them regarding "lock -out" units commencing October 27, 2018, until the BOCC can review and possibly amend the comprehensive plan and land development code regarding the definitions of dwelling unit; household; family and the undefined term "lock- 16 1 P a g e 0 8 �; 2 1 8 out" of a dwelling unit; providing for expiration within 365 days of the effective date of an Interim Development Ordinance or when the Comprehensive Plan and Land Development Code amendments become effective, whichever comes first; providing for severability; providing for transmittal to the State Land Planning Agency and the Secretary of State; providing for an effective date. There were no public speakers. Motion was made by Commissioner Murphy and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 018 -2018 Said Ordinance is incorporated herein by reference. R5 A Public Hearing was held to consider approval of an Ordinance by the Monroe County Board of County Commissioners extending an Interim Development Ordinance for an additional 365 days regarding medical marijuana dispensing facilities commencing October 27, 2018, until such time as a Comprehensive Plan and Land Development Code amendment process is completed and providing for expiration within 365 days of the effective date or when the comprehensive plan and land development code amendments become effective, whichever comes first; providing for severability; providing for transmittal to the State Land Planning Agency and the Secretary of State; providing for an effective date. There were no public speakers. Ms. Schemper and Mr. Shillinger addressed the Board. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Kolhage to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 019 -2018 Said Ordinance is incorporated herein by reference. R6 A Public Hearing was held to consider approval of an Ordinance extending Interim D evelopment Ordinance 011 -2017, for 365 days, to defer the transfer of market rate ROGO exemptions, until the Land Development Code is amended to limit the transfer of market rate ROGO exemptions to platted lots within the Improved Subdivision (IS) or Urban Residential Mobile -Home (URM) land use districts, not within a working waterfront, for the development of single family detached dwelling units. There were no public speakers. Mr. Shillinger addressed the Board. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Kolhage to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 020 -2018 Said Ordinance is incorporated herein by reference. COUNTY ATTORNEY Q7 Cynthia Hall, Assistant County Attorney, gave a report on KW Resort Utilities Corp. Rate Case (PSC Docket No. 170141 -SO. The following individual addressed the Board: Mimi Stafford. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Kolhage directing the County Attorney's Office the authority to review the final order and if deemed appropriate to file a notice of appeal. Roll call vote carried unanimously. 171Page 08 �; 2 018 After further discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Carruthers requesting that the County Attorney's Office and county staff research and provide a report to the Board concerning the following: 1. The possible purchase of KWRU by the County, FKAA including possible ways in which public financing could be used for the purchase. 2. Possibility that the County could assume the regulatory responsibilities over KWRU in place and instead of the PSC. 3. Possible acquisition of the utility by the County using eminent domain proceedings. 4. Any other alternatives that are considered to be feasible by the staff and the Attorney's Office. Roll call vote carried unanimously. HURRICANE IRMA RECOVERY D3 Ms. Boan gave an update of Hurricane Irma finance activity by the Office of Management and Budget. Kevin Madok, Clerk of Court; and, Mr. Gastesi addressed the Board. D9 Ms. Schemper addressed the Board concerning approval of a Resolution by the Monroe County Board of County Commissioners authorizing the placement, location, duration, type(s) of sheltering unit and gainful employment of relief workers pursuant to Monroe County Land Development Code Sections 103 -1(e) on property located at 30320 Overseas Highway, Big Pine Key with Parcel ID 00111410- 000100. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Kolhage to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 225 -2018 Said Resolution is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL El Mr. Williams, Stacey Mitchell, TDC Marketing Director; Mr. Shillinger and Mr. Gastesi addressed the Board concerning approval of the Fiscal Year 2019 Monroe County Tourist Development Council Marketing Plan. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Murphy to take the document back and remove any references to weddings in private and vacation rental properties. Motion carried unanimously. STAFF REPORT F Mr. Wilson advised the Board that the RFP for tiny houses was released. Mr. Wilson informed the Board that there will be a Public Hearing in Key Largo, at next month's meeting, for renaming a street in the Harry Harris neighborhood. 181Page () 8 �; 2 () 18 PROJECT MANAGEMENT I1 Mr. Shillinger addressed the Board concerning approval to advertise for competing proposals to an unsolicited proposal for the Historic 1892 Jail on Jackson Square in Key West submitted by the Key West Art & Historical Society. Mr. Wilson and Cary Knight, Director Project Management addressed the Board. After discussion, motion was made by Commissioner Murphy and seconded Commissioner Carruthers to advertise the proposal for the entire 120 day period that is allowed by statute. Motion carried unanimously. PLANNING & ENVIRONMENTAL, BUILDING & CODE COMPLIANCE DEPARTMENTS K4 Motion was made by Commissioner Murphy and seconded by Commissioner Neugent granting approval and authorizing execution of a Task Assignment (FK -154) with the Florida Fish & Wildlife Conservation Commission to receive $70,000.00 which will allow the County to hire a contractor to remove invasive exotic plants from conservation lands that are owned or managed by Monroe County. Motion carried unanimously. COMMISSIONERS' ITEMS N2 Mr. Wilson, Mr. Shillinger and Ms. Boan addressed the Board concerning direction to staff for a "splash pad" in the Big Pine Key Park. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Murphy directing staff to investigate the feasibility of splash parks at Big Pine Park and Bernstein Park. Motion carried unanimously. COUNTY ADMINISTRATOR P1 Mr. Gastesi referred the Board to the County Administrator's monthly report for August 2018. Said report is incorporated herein by reference. COUNTY ATTORNEY Q1 Mr. Shillinger referred the Board to the County Attorney's report for August 2018. Said report is incorporated herein by reference. Mr. Shillinger addressed the Board concerning 791 Oceana, Key Largo and requested permission to go ahead and issue the permit, based on the Board's action earlier in day concerning Item Kl 1. Board granted approval to issue the permit. Mr. Shillinger advised the Board that he accepted fines in a code lien case that did not have a release, due to the unusual circumstances where the violator sold the property after the fines started. The lien is still in place against the property. Mr. Shillinger advised the Board that he took the IMBY Project off the agenda (Item Q8) because the City of Marathon approved the project with their own allocations. Mr. Shillinger addressed the Board concerning the 1,300 allocations that the Governor has made available. After discussion, it was decided to place a discussion item on the September 191Page () 8 �; 2 () 18 agenda. Mr. Shillinger requested to hold an Attorney- Client Closed Session in the matters of Eddie Sierra v. Monroe County, Florida Case No. 18- CV- 10127; and, Juan Carlos Gil v. Monroe County Case No. 18 -CV -10119 at the regularly scheduled BOCC meeting on September 19, 2018 in Key Largo, FL at 1:30 p.m. or as soon thereafter as may be heard and read the required language into the record. Motion was made by Commissioner Carruthers and seconded by Commissioner Neugent to hold the closed session. Motion carried unanimously. Q2 Mr. Shillinger requested to hold an Attorney- Client Closed Session in the matter of Board of County Commissioners of Monroe County, FL vs. Sugarloaf Volunteer Fire Department, Inc. and Sugarloaf Wi -Fi, Inc., assignee of Keys Wi -Fi, Inc., Case No. CA -K -17- 631 at the September 19, 2018 BOCC meeting in Key Largo, FL at 1:30 p.m. or as soon thereafter as may be heard and read the required language into the record. Motion was made by Commissioner Carruthers and seconded by Commissioner Kolhage to hold the closed session. Motion carried unanimously. Q3 Mr. Shillinger addressed the Board concerning direction on the County's ability to publish additional notices and legal ads in other local newspapers. After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner Kolhage to publish in the News Barometer and Keys Weekly. Motion carried unanimously. BUDGET & FINANCE T3 Mayor Rice announced that, due to a conflict, he would abstain from voting on approval of acceptance of a grant award of $50,000.00 from FDLE for the Residential Substance Abuse Treatment (RSAT) Program with a 25% match requirement of $16,667.00 and approval of an agreement with Guidance /Care Center in the amount of $66,667.00 for the project entitled, "Men's Jail In -House Drug Abuse Treatment Program ", for the project period of January 1, 2018 through December 31, 2018. Motion was made by Commissioner Kolhage and seconded by Commissioner Carruthers granting approval and authorizing execution of the item. Roll call vote was taken with the following results: Commissioner Carruthers Yes Commissioner Kolhage Yes Commissioner Murphy Yes Commissioner Neugent Yes Mayor Rice Abstain Motion carried. COMMISSIONERS' COMMENTS S Commissioner Carruthers reminded parents who have children that are 5 years old by September, that don't have a pre - kindergarten program to sign up to, that they should call the Early Learning Coalition at (305) 296 -5557, for free pre -K for any child. 20 )Pa g e () 8 x'2() 18 Commissioner Carruthers advised that FKCC has launched its apprenticeship program in the carpentry and electrician areas. Anyone wanting to take this free classroom training should call FKCC at (305) 809 -3203. FKCC will be offering HVAC and plumbing programs in January. 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 211 Pa g e () 8 �; 2 () 18