09/19/2018 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, September 19, 2018
Key Largo,Florida
Aregular meeting of the Monroe County Board of County Commissioners convened at
9:00 a.m. at the Murray NelsonGovernment 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 thepress and radio;
and the general public.
ADDITIONS, CORRECTIONS, DELETIONS
A1Motion was made by Commissioner Neugent and seconded by Commissioner Murphy
granting approval of the Additions, Corrections andDeletions to the agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
B1Presentation of Mayor’s Proclamation proclaiming Fire Prevention Week asOctober 7-
13, 2018.
B2Presentation by the Monroe County Firefighters (IAFF Local 3909) to each County
Commissioner and the Monroe County Administrator in recognition of the one year anniversary
of Hurricane Irma.
BULK APPROVALS
Motion was made by Commissioner Neugent and seconded by Commissioner Carruthers
granting approval of the following items by unanimous consent:
C1Board granted approval and authorized execution of an amendment to Comcast Internet
Circuit Agreement for threechanges totaling $54,539.76 over twoyears ($2,272.49 per month)
including: a change to the Quality of Service in support of phone traffic and ensuring that our
new phone system has the best performance possible; addition of a new location; and increasing
bandwidth at Card Sound Toll Booth. The costs are distributed among various departments and
other government entities utilizing the BOCC managed network backbone.
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C2Board granted approval to purchase portable satellite phone capability (approximately
$1,000.00) to be placed at the US1 Radio Broadcast Station to be utilized during a State of
Emergency to allow for dissemination of critical information to County residents and finding that
the primary objective of this purchase is to serve the public at large.
C3Board granted approval and authorized execution of a Contract with WSP USA,Inc. for
Construction Engineering and Inspection Services (CEI) for the Pigeon Key Ramp Rehabilitation
Project in the maximum,not to exceed,amount of $283,248.90.The CEI services and
construction for the project is funded through a Local Agency Program Agreement with the
Florida Department of Transportation.
C4Board granted approval to waive a minor bid irregularity and award bid and authorize
execution of a Contract tothe solebidder DEC Contracting Groupin the amount of
$3,160,070.52 for the Key West International Airport Noise Insulation Program Project at Key
West by the Sea, Building B, Floors 3-6. The FAA grant for this project is also on the September
19, 2018 agenda. Total project cost to be funded by the FAA (90%) and Passenger Facility
Charge #17 (10%).
C5Board granted approval to rescind Item S9,from the June 20, 2018 BOCC agenda;and
grantedapproval to declare an emergency for purposes of purchasing a cold water supply chiller
system as an exclusion to the Purchasing Policies and Procedures; and granted approvaland
authorized executionof a Contract with Sub-Zero Air Conditioningin the amount of
$242,478.00 for emergency replacement of one chiller at the Key West International Airport; to
be paid from State FDOT Grant G0E47 (50%) and Airport Operating Fund 404 (50%).
C6Board ratifiedand granted approval of Federal Aviation Administration AIP Grant
Agreement #3-12-0037-057-2018 providing funding for the Key West International Airport
Noise Insulation Project at Key West by the Sea (KWBTS), Building B, Floors 3-6 and final
preparation of final bid documents & bid process for KWBTS Building C. The project will be
funded by FAA(90%)and Passenger Facility Charges #17(10%).
C7Board granted approval and authorized execution of Jacobs Project Management Co.'s
Task Order No. 12/15-34 for Airport Noise Program Coordinator Services PSO# 34 in the
amount of $83,873.00 to be funded by FAA Grant# 37-57(90%), and Passenger Facility Charges
#17(10%).
C8Board granted approval and authorized execution of Jacobs Project Management Co.'s
TaskOrder No. 12/15-35 for Design, Permitting and Bidding Services for the Key West
International Airport Rehabilitate Taxiway A Project, PSO# 35 in the amount of $598,414.00, to
be funded by FAA Grant# 037-56(90%), FDOT#G0R03(5%), and Passenger Facility Charges
#18.
C9Board granted approval and authorized execution of Professional Service Order #4 with
THC, Inc. for the preparation of final bid documents and bid process for Key West By the Sea,
Building C (76 units), construction management and administration of the Key West
International Airport Noise Insulation Program Construction Project at the Key West By the Sea,
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Building B, Floors 3-6 (34 units) in the amount of $1,310,824.85. All project cost to be funded
with FAA Grant# 37-57 (90%) and Passenger Facility Charge# 17 (10%). The total number of
units may change if homeowners decide to opt out of the program.
C10Board granted approval to terminate the Lease Agreement with Jet Lag KW LLC on
October 31, 2018, per the tenants notice to end their Gift ShopLease in accordance with Section
14 of the original lease agreement and grantedapproval to advertise for Proposals for Retail
Concession space #217 in the MainTerminal at the Key West International Airport.
C11Board granted approval and authorized execution of aConsent of Assignment of Lease
from Hyatt & Hyatt, Inc. to HORAY Restaurant Group, Inc. for leased property at the Key West
International Airport used for overflow parking by patrons of Benihana Restaurant.
C12Board granted approval and authorized execution of Avigation Easements and Property
Owner Noise Insulation Agreements for thirty-two participating units at Key West by the Sea for
the Key West International Airport Noise Insulation Program Building B, Floors 3-6
Construction Project.Allproject costs to be funded with pending FAA Grant (90%) and
Passenger Facility Charge #17 (10%).
C13Board granted approval of the Fiscal Year 2019 Airline Rates and Charges for the Key
West International Airport, effective October 1, 2018. The rates are adjusted as follows: Average
Terminal Rental Rate $59.96 per square feet ($1.79 increase), Landing Fee Rate $3.86 ($0.44
increase) and Checkpoint Security Charge $0.89 ($0.09 increase). The average airline cost per
enplaned passenger will be $10.57. A mid-year review and final year-end reconciliation will be
conducted to ensure that the Airport recovers the actual costs of providing services and facilities
to the air carriers. Airline underpayments will be billed to the air carriers and overpayments will
be refunded to the air carriers by the Airport.
C14Board granted approval and authorized execution of a License Agreement with Keys
Woodworkers, Inc. for a 60 foot by 30 foot parcel of property at the Florida Keys Marathon
International Airport to be used as a parking lot duetoits proximity to the entrance of Keys
Woodworkers' retail service establishment.
C15Board granted approval to award bid and authorized execution of a Contract with Charley
Toppino & Sons in the amount of $397,440.00 for the Key West International Airport Faraldo
Circle Realignment & Curbside Improvements Project. Total cost to be funded by the FAA
Grant 37-56 (90%) and pending Passenger Facility Charge Application #18 (10%).
C17Board granted approval of annual update to Exhibit A as per the Memorandum of
Understanding between Monroe County and the University of Florida effective October 1, 2006
that specifies Fiscal Year2019payroll costs of $93,661.00for three FTE jointly funded
Extension Agent positions.
C19Board granted approval to renew Plan with Vision Service Plan Insurance Company
(VSP), with staff completing the necessary forms, for fully insured voluntary vision benefits for
a term of one year effective January 1, 2019 through December 31, 2019.
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C20Board granted approval to ratify the submission of the Grant Application for the Edward
Byrne Memorial Justice Assistance Grant Program Grant Award, Fiscal Year 2018 Local
Solicitation in the amount of $13,982.00;and,approval of the grant award and authorization for
the County Administrator to execute acceptance of the award and related documents. The
application was submitted on behalf of the Monroe County Drug Court for the Drug Court
Medical Director Initiative Program. A cash match is not required.
C21Board granted approval for the Key West Library to close on Saturday, October 27, 2018.
C22Board granted approval and authorized execution of a Contract with Early Alert,Inc. the
top-ranked vendor in response to a Request for Proposals for Emergency Management
Consulting Services;also, authority to negotiateand enter into Contracts with the #2 or #3
vendors if necessary; and also, authority for the EmergencyManagement Director or his
designee to execute the agreements and all other necessary documentation.
C23Board granted approval and authorized execution of an Agreement between the Florida
Power and Light Company and the Monroe County Board of County Commissioners in the
amount of $291,171.00, fully funded and no county match, concerning Radiological Emergency
Preparedness for Fiscal Year 2019 and Fiscal Year 2020, and authorization for the County
Administrator to execute any other required documentation in relation to the agreement process.
C24Board accepted the report of monthly Change Orders for the month of August, reviewed
by the County Administrator/Assistant Administrator.Said report is incorporated herein by
reference.
C25Board granted approval and authorized execution ofa five-year Toll System Maintenance
Agreement with TransCore, LP for 24-hour tolling system monitoring, routine preventative
maintenance and software and hardware warranty coverage for the Card Sound Toll All
Electronic Tolling System. The annual cost is $171,298.68 and the total cost for the five year
term is $856,493.40.
C26Board granted approval to ratify Modification #1 to Federally Funded Subgrant
Weatherization Assistance Program (WAP) Agreement 17WX-0G-11-54-01-039 between the
State of Florida, Department of Economic Opportunity,and Monroe County Board of County
Commissioners/Monroe County Social Services extending the contract period to April 1, 2017
through September 30, 2020and increasing funding by $29,470.91, bringing the total WAP
allocation to $155,042.91.
C27Board granted approval and authorized execution of an Amendment extending the
Administrative Services Agreement with Florida Blue in the amount of approximately $4.5
million for five years (beginning January 1, 2019through December 31, 2023), with
approximately $830,625.00 in 2019, to continue providing Claims Administration, Case
Management and Utilization Review Services, Disease Management, Network Management,
Wellness Programs and other Related Services to Monroe County.
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C28Board adopted the following Resolutions concerning the Transfer of Funds and the
Receipt of Unanticipated Revenue:
Transfer of Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 240-2018
Said Resolution is incorporated herein by reference.
Amending Resolution No. 158-2018 (OMB Schedule Item No. 2).
RESOLUTION NO. 241-2018
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 242-2018
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 243-2018
Said Resolution is incorporated herein by reference.
Receiptof Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 244-2018
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 245-2018
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 246-2018
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 247-2018
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 248-2018
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 249-2018
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB ScheduleItem No. 11).
RESOLUTION NO. 250-2018
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 251-2018
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 252-2018
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 253-2018
Said Resolution is incorporated herein by reference.
Transfer of Funds(OMB Schedule Item No. 15).
RESOLUTION NO. 254-2018
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 255-2018
Said Resolution is incorporated herein by reference.
Receipt ofUnanticipated Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 256-2018
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 257-2018
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 258-2018
Said Resolution is incorporated herein by reference.
C30Board granted approval and authorized execution of Alzheimer's Disease Initiative
Program Contract KZ-1897 Amendment #001 between the Alliance for Aging, Inc., and Monroe
County Board of County Commissioners/Monroe County Social Services In-Home Services for
the Contract Year 2018-2019 (July 1, 2018-June 30, 2019) in the amount of $189,458.40. The
purpose of the amendment is only to replace paragraph 3 on page 1, to replace paragraph 52 on
page 13, and replace Attachment VIII on page 38 of the original executed agreement.
HURRICANE IRMA RECOVERY
D2Board granted approval of the request by Daniel McKearan, of Ducky Johnson Home
Elevations, LLC and adopted the following Resolution authorizing the placement of temporary
emergency housing for emergency relief workers for threeyears on property located at 31095
Avenue A, 31096 Avenue B, and vacant land on Avenue B, Big Pine Key, Monroe County,
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Florida, having Parcel ID Numbers 00301580-000100, 00301590-000000, and 00301590-
000100.
RESOLUTION NO. 259-2018
Said Resolution is incorporated herein by reference.
D4Board granted approval and authorized execution of State of Florida Department of
Transportation (FDOT) Joint Participation Agreement for Grant Contract G0Z28 providing
$205,000.00 in FDOT funding for the Florida Keys Marathon International AirportAirfield
Navigational Aids, to be funded by FDOT(80%),and Airport Operating Funds(20%).
D6Board granted approval to replace a Hurricane Irma damaged vehicle and tractor utilizing
Florida Sheriff's Association Agreement Contract No. 17-VEL25 chassis/FSA17-VEL15.0 &
17-VEL15.0.
D7Board granted approval and authorized execution of Amendment Two to the Agreement
with Adjusters International, Inc., for additional services specific to Hazard Mitigation Grant
Program activities with an estimated cost forservices of $66,112.50;and,approval of
Amendment One to the Task Order to include an estimated cost for services through December
2018 in the amount of $1,648,075.00.
D9Board granted approval and authorized executionof a Contract with Bender & Associates
Architects, P.A. in the amount of $63,400.00 for Professional Architectural and Engineering
Services for the repair of the West Martello Ammunition Bunker, following the damage caused
by Hurricane Irma.
D11Board granted after-the-fact approval and authorized execution of aContract with Air
Mechanical & Service Corp. for emergency HVAC coil replacement on the first chiller and
complete chiller replacement on the second chiller at the Gato Building for damage sustained as
a result of Hurricane Irma. The contract is in the amount of $153,100.00and funded from the
Hurricane Irma budget.
TOURIST DEVELOPMENT COUNCIL
E1Board granted approval and authorized execution of an Amendment to Agreement with
Dolphin Research Center, Inc. for the DRC Ice Machine/ Railings/Freezer/Door Project to revise
Exhibit A (Scope of Service) of the agreement to remove the widening of the theatre door
portion of the project and reduce the funding allocation to $12,285.00.
E2Announcement of one vacant position on the Tourist Development Council District III
Advisory Committee for one "At Large" appointment.
E3Announcement of one vacant position on the Tourist Development CouncilDistrictI
Advisory Committee for one "At Large" appointment.
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E4Board granted approval and authorized execution of an Amendment to Agreement for
TDC Professional Website Services to revise the Agreement and subsequent Amendments to
clarify that the name of the corporation in which the County is contracting with is Cooke
Communications, Inc. d/b/a Two Oceans Digital and FloridaKeys.com.
E5Board granted approval of Mayor Rice’s appointment of Robert Stober and Michael
Johnson to the two (2) "At Large" appointments to the Tourist Development Council District IV
Advisory Committee.
PLANNING & ENVIRONMENTAL, BUILDING & CODE
COMPLIANCE DEPARTMENTS
I1Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County and the City of Key West (City) reimbursing the City in an amount up to
$30,000.00from Boating Improvement Funds for costs to be incurred by the City during Fiscal
Year 2019 for boat ramp repairs.
I2Board granted approval and authorized execution of Amendment No.1 to the Interlocal
Agreement (ILA) between Monroe County (County) and the City of Marathon (City) extending
the ILA through August 1, 2019 to allow additional time for the City to complete maintenance to
the Quay Boat Ramp and submit required project completion documentation to the County as set
forth in the ILA.
I4Board granted approval of a waiver of approximately $7,500.00in building permit fees
for one deed-restricted housing unit to serve the 80% of median income level to be built at 31351
Avenue D, on Big Pine Key, at approximate mile marker 31, having real estate number
00304060-000000 by Florida Keys Community Land Trust.
SHERIFF’S OFFICE
K1Board granted approvaland authorized executionof the Fourth Amendment to Contract
for Police Services with the Village of Islamorada.
K2Board granted approval and authorized execution of athree year Contract for Law
Enforcement and Security Services at Key West International Airport.
COMMISSIONER’S ITEM
L4Board granted approval of Commissioner Carruthers’ appointment of Tom Coward to the
Planning Commission, fulfilling the term of Teri Johnston, who resigned effective August 23,
2018.
COUNTY CLERK
M1Board granted approvalofBOCCWarrants(IncludingPayroll)forthemonthof
August 2018,10040668-10042480,50004464-50004591 (PR), 3098954-3100608 (PR
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Voucher), 23658-236756 (WC),as follows:001 General Fund, in the amount of
$3,406,490.94;101 Fine & Forfeiture Fund, in the amount of $5,835,996.81;102 Road &
Bridge Fund, in the amount of $353,630.19;115 TDC District Two Penny, in the amount of
$626,554.97;116 TDC Admin & Promo 2 Cent, in the amount of $590,604.68;117 TDC
District 1,3 Cent, in the amount of $731,097.03;118 TDC District 2,3 Cent, in the amount of
$76,001.01;119 TDC District 3,3 Cent, in the amount of $232,646.41;120 TDC District 4,3
Cent, in the amount of $63,705.21;121 TDC District 5,3 Cent, in the amount of $97,178.74;
125 Gov Fund Type Grants, in the amount of $770,432.61;141 Fire & Amb Dist 1 L&M
Keys,in the amount of $1,304,834.67;147 Uninc Svc Dist Parks&Rec, in the amount of
$187,727.40;148 Plan, Build, Zoning, in the amount of $563,034.98;149 Municipal Policing,
in the amount of $565,463.66;150 E911 Enhancement Fund, in the amount of $86,917.85;152
Duck Key Security Dist, in the amount of $6,274.49;153 Local Housing Assistance, in the
amount of $1,080.30;157 Boating Improvement Fund, in the amount of $29,535.84;158 Misc
Special Revenue Fund, in the amount of $62,933.22;160 Environmental Restoration, in the
amount of $40,441.40;162 Law Enforcement Trust 600, in the amount of $500.00;163 Court
Facilities, in the amount of $13,903.86;164 Drug Facilities Fees, in the amount of $5,257.46;
171 Stock Island Wastewater, in the amount of $55,010.39;175 Long Key Layton MSTU, in
the amount of $33.35;180 Building Funds, in the amount of $699,443.78;304 1 Cent Infra
Surtax, in the amount of $519,380.48;308 Infrastructure Sales Tax Revenue Bond, in the
amount of $435.51;310 BigCoppitt Wastewater, in the amount of $33.35;311 Duck Key
Wastewater, in the amount of $33.35;312 Cudjoe Regional WW Proj, in the amount of
$9,643.82;314 Series 2014 Revenue Bonds, in the amount of $437,776.57;316 Land
Acquisition, in the amount of $586,786.00;401 Card Sound Bridge, in the amount of
$444,367.52;403 Marathon Airport, in the amount of $235,511.64;404 Key West Intl
Airport, in the amount of $753,544.10;406 PFC & Operating Restrictions, in the amount of
$1,322,794.93;414 MSD Solid Waste, in the amount of $5,148,022.67;501 Worker’s
Compensation, in the amount of $202,538.51;502 Group Insurance Fund, in the amount of
$2,858,579.07;503 Risk Management Fund, in the amount of $187,009.58;504 Fleet
Management Fund, in the amount of $267,681.83;610 Fire/EMS LOSAP Trust Fund, in the
amount of $2,490.00.
M2Board granted approval of the FKAAinvoicesfortheFiscalYear(toincludesalaries),
relatingtothe Cudjoe RegionalWastewaterSystemProject.Theinvoicesunder $50,000.00are
beingprovidedforinformationonly.Said invoices are incorporated herein by reference.
M3Board granted approvalofTouristDevelopmentCouncilexpensesforthemonthof
August 2018, as follows: Advertising, in the amount of $1,088,874.48; Bricks & Mortar Projects,
in the amount of $331,029.36; Events, in the amount of $168,153.77; Office Supplies &
Operating Costs, in the amount of $32,185.41; Personnel Services, in the amount of
$152,289.43; Public Relations, in the amount of $249,069.18; Sales & Marketing, in the amount
of $74,315.12; Telephone & Utilities, in the amount of $22,939.55; Travel, in the amount of
$19,534.94; Visitor Information Services, in the amount of $87,317.69.
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COUNTY ADMINISTRATOR
N3Board granted approval to ratifythe $360,718.00Grant Agreement MN008 for Water
Quality Monitoring Services in support of the Florida Keys Reasonable Assurance Document
with the Florida Department of Environmental Protection, which now includes Attachment 8:
Federal Regulations and Terms, to the grant previously approved at the August 15, 2018 BOCC
meeting.
COUNTY ATTORNEY
O2Board granted approval of aSettlement Agreement in Filippos Kelaris vs. Monroe
County, Progressive Express Ins. Co., and Geico General Ins. Co., Case No. CA-P-17-561and
authorizedthe County’s outside counsel to execute the Settlement Agreement documents.
O3Board granted approval to accept proposal from the Florida League of Cities/Florida
Municipal Insurance Trust to provide General Liability, Vehicle Liability and Vehicle Physical
Damage, Public Officials/Employee Practices Liability and Excess Workers’ Compensation
Insurance coverage and authorization for the Risk Administrator to execute any necessary related
documents.
O4Board granted approval of the Contractrate with Division of Administrative Hearings
from $151.00per hour to $153.00per hour, effective October 1, 2018, as provided by the
contract and pursuant to F.S. 120.65.
O6Board granted approval to purchase insurance for Monroe County emergency vehicles
and portable equipment from American Alternative Ins. Co. through the VFIS insurance agency;
use competitive bidding procedures purchase exemption;and,authorize the Risk Management
Administrator to sign the Florida Consent to Rate/Excess Rate Application.
O7Board granted authorization for County Attorney to take steps necessary for County to
participate as an Interested Governmental Party in the Nuclear Regulatory Commission's
proceeding on Florida Power and Light's application seeking approval of aSubsequent License
Renewal for Turkey Point Units 3 and 4.
O8Board granted approval of the rescission of Third Amendment to Agreement for
Provision of Legal Services with George A. Helm, III P.A. (outside counsel for workers'
compensation cases),approved as item Q-4 on August 15, 2018 BOCC agenda, andgranted
approval and authorized execution of the revised Third Amendment, to change the name of the
firm.
O10Board granted approval and authorized execution of a Contract for purchase of a lot, from
Linda A. Vincelli,described as Block 4, Lot 2, Tropical Bay Third Addition (PB 5-81) with
parcel number 00313520-000000 for density reduction purposes.
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AIRPORTS
R2Board granted approval to waive purchasing policies and authorized execution of a
Contract with sole source vendor Engineered Arresting Systems Corporation (ESCO) for the
purchase, shipping and installation of nine Engineered Materials Arresting System (EMAS)
Blocks on Runway 9 at the Key West International Airport that were damaged fromjet blast
from unknown jets. The cost will be $81,805.00 (option 1) to be paid from insurance proceeds
and /or Fund 404 Operating; however, if an FAA grant is secured in time for unrelated EMAS
repairs, so that both projects can be done simultaneously, the project cost will be $65,743.00
(Option 2).
PROJECT MANAGEMENT
R3Board granted approval of sole source acquisition and purchase of a Fitness Circuit
Training Court for Bernstein Park. The unique fitness court manufactured by the National Fitness
Campaign will cost $78,450.00. Funding will be from advalorem.
FACILITIES
R4Board granted approval and authorized execution of a Lease for Pearl House of Worship
to be used as a congregate meal site while the Plantation Key Courthouse Complex is developed.
The lease will be funded by project funds from the infrastructure sales surtax as temporary
housing during construction.
Motion carried unanimously.
COUNTY ADMINISTRATOR
N4Roman Gastesi, County Administrator, introduced Richard Strickland to the Board. Mr.
Strickland gave the Board an overview of his background. After discussion, motion was made
by Commissioner Carruthers and seconded by Commissioner Neugent confirming the County
Administrator’s appointment of Mr. Strickland to the position of Department Head, Airports.
Motion carried unanimously.
PLANNING & ENVIRONMENTAL, BUILDING & CODE
COMPLIANCE DEPARTMENTS
I3Emily Schemper, Acting Sr. Director of Planning & Environmental Resources, addressed
the Boardregarding the initiative by the State of Florida Administrative Commission to be
administered through the Department of Economic Opportunity (DEO) for the Keys Workforce
Housing Initiative to allow up to 1,300 additional affordable housing allocations (up to 300 for
unincorporated Monroe County) in Rate of Growth Ordinance Allocations (ROGO) for rental
workforce housing, with a condition that developments that receive these ROGO allocations
have a rental management agreement in place that requires rental occupants to evacuate in the
early phase (48 hours in advance of tropical storm winds reaching the shore of the Florida Keys)
of a hurricane evacuation. Currently transient units (hotels) and mobile home occupants are
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required toevacuate in the early phase of evacuation.Bob Shillinger, County Attorney; and
Christine Hurley, Assistant County Administrator, addressed the Board.The following
individuals addressed the Board: D.A. Aldridge, representing Last Stand; Robby Majeska,and
Dottie Moses. After discussion, motion was made by Commissioner Carruthers and seconded by
Commissioner Murphy directing staff todevelop a written sample policy; staff will meet with
DEO; and then staff will come back to the Board to explain, not only answers to the questions
here today, but what could be accepted by the DEO before starting the process of community
meetings, DRC and Planning Commission; and additionallegal input regarding how to avoid
6,000to 8,000takingscases.Motion carried unanimously.
HURRICANE IRMA RECOVERY
D8Rhonda Haag, Director Sustainability & Projects, made a Power Point Presentation on the
status of Hurricane Irma marine debris removal from canals in unincorporated Monroe County,
City of Marathon and Village of Islamorada.The following individuals addressed the Board:
Greg Tobin, representing Adventure Environmental, Inc.; and Jim Hills. KevinWilson,
Assistant County Administrator; and Mr. Shillinger addressed the Board.
Ms. Haag and Mr. Gastesiaddressed the Board concerning the following two items (D3
& D5). After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner Carruthers granting approval and authorizing execution of the following two
items:
D3Approval to enter into a Contract with the #2 ranked vendor, Arbor Tree and Land Inc.,
in an amount of up to five million dollars ($5,000,000.00), as backup vendor for potential
removal of marine debris created by Hurricane Irma from canals in unincorporated Monroe
County, City of Marathon and Village of Islamorada; also, authority for the County
Administrator to execute future Task Orders up to $5 million cumulative.
D5Approval to enter into a Contract with the #4 ranked vendor, Kearns Construction
Company, in an amount of up to five million dollars ($5,000,000.00), as backup vendor for
potential removal of marine debris created by Hurricane Irma from canals in unincorporated
Monroe County, City of Marathon and Village of Islamorada; also, authority for the County
Administrator to execute future Task Orders up to $5 million cumulative.
Roll call vote was taken with the following results:
Commissioner CarruthersYes
Commissioner KolhageNo
Commissioner MurphyYes
Commissioner NeugentYes
Mayor RiceYes
Motion carried.
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COUNTY ADMINISTRATOR
R1Ms. Haag addressed the Board concerning approval to enter into a Study Agreement with
the U.S. Army Corps of Engineers to initiate a study partnership to investigate storm and sea
level rise vulnerability for the U.S. 1corridor in Monroe County, funded up to $3 million by the
USACE; also, ratification of the Letter of Intent submitted by the County Administrator; request
for Clerk to sign the Self-Certification of Financial Capability; and authority for the County
Attorney and the Mayor to sign related documents.Erin Deady, SeaLevel Rise Consultant,
addressed the Board. Susan Conner, Chief of Planning, representing USACE, made a Power
Point Presentation. Mr. Gastesiand Kevin Madok, Clerk,addressed the Board.After
discussion, motion was made by Commissioner Carruthers and seconded by Commissioner
Kolhage granting approval and authorizing execution of the Agreement. Roll call vote carried
unanimously.
N1Mr. Gastesi referred the Board to the County Administrators Report for September 2018.
Said report is incorporated herein by reference. Sheryl Schwab, representing Domestic Abuse
Shelter, addressed the Board.
CLOSED SESSIONS
J1Mr. Shillinger requested that theAttorney-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-17-631be continued to
the November22, 2018BOCC meeting. Motion was made by Commissioner Carruthersand
seconded by Commissioner Neugentto continue the closed session to the November22, 2018
meeting. Motion carried unanimously.
J2Mr. Shillinger announced an Attorney-Client Closed Session in the matter ofJuan Carlos
Gil v. Monroe County, Florida, Case No. 18-CV-10119-JLK, United States District Court,
Southern District of Floridaand read the required language into the recordpursuant to F.S. 286-
011(8).Mr. Shillingeradvised that the following persons would be present at the meeting: the
County Commissioners, County Administrator Roman Gastesi, County Attorney Bob Shillinger,
Assistant County Attorney Cynthia Halland a certified court reporter.
Mayor Rice declared the open session of the meeting closed. After the closed session,
the meeting was re-opened.
J3Mr. Shillinger announced an Attorney-Client Closed Session in the matter of Eddie I.
Sierra v. Monroe County, Florida, Case No. 18-CV-10127 United States District Court,
Southern District of Floridaand read the required language into the recordpursuant 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 Cynthia Halland a certified court reporter.
Mayor Rice declared the open session of the meeting closed. After the closed session,
the meeting was re-opened.
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J4Mr. Shillinger advised the Board that theAttorney-Client Closed Session in the matter of
Filippos Kelaris vs. Monroe County, Progressive Express Ins. Co., and Geico General Ins. Co.,
Case No. CA-P-17-561could be deleted from the agenda because the companion Item(O2)was
approved in bulk.
MISCELLANEOUS BULK APPROVALS
C16Mr. Wilson addressed the Board concerning approval to advertise a Public Hearing to
revise Monroe County Code Section18-27(h) to increase the fee for use of the boat ramp at Harry
Harris Park to $30.00per watercraft trailer by non-county residents on Federal holidays,
weekends, and the two days of lobster mini-season.After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Neugent granting approval of the item.
Motion carried unanimously.
C18Alan MacEachern, Director Information Technology;Mr. Wilsonand Mr. Shillinger
addressed the Board concerning approval of an Interlocal Agreement between Monroe County
BOCC and Miami Dade County to utilize non-exclusive services ofMiami Dade County for the
sale of the certain surplus properties as designated by the BOCC, including but not limited to
miscellaneous electronic equipment, vehicles and office furniture.After discussion, motion was
made by Commissioner Carruthers and seconded by Commissioner Murphy granting approval of
the item with the caveat that staff create a consumer friendly local process to go through first.
Motion carried unanimously.
C29Cary Knight, Director of Project Management,addressed the Board concerning approval
of a Grant Agreement with the Florida Division of Emergency Management to receive state
funded appropriations for Local Emergency Management and Mitigation Initiatives Assistance
Number 31.064 in the amount of $5,900,000.00 over a period of time beginning July 1, 2018 and
shall end on June 30, 2021 for an Emergency Operations Center. After discussion, motion was
made by Commissioner Kolhage and seconded by Commissioner Carruthers granting approval
of the item. Motion carried unanimously.
HURRICANE IRMA RECOVERY
D1Tina Boan, Budget & Finance Director, gave a report to the Board onHurricane Irma
finance activity by the Office of Management and Budget.
D10Mr. Knight addressed the Board concerning the ratification of a Contract with All Keys
Cleaning and Restoration, Inc. for mold and mildew remediation in the Gato Building, in the
amount of $73,000.00. Mold and mildew intheGato Buildingwas caused by water damage due
to Hurricane Irma. The work is part of the Hurricane Irma Recovery effort. After discussion,
motion was made by Commissioner Carruthers and seconded by Commissioner Neugent
granting approval of the item. Motion carried unanimously.
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STAFF REPORTS
F1Lisa Tennyson, Legislative Affairs & Grants Acquisition Director, addressed the Board
concerning the issue of 5G Small Cell Technology in County right-of-ways(ROWs).Ms.
Tennyson requested approval to submit comments to theFCC regarding safetyconcerns,
stripping away local management of our rights to manage our ROWs, and the ability to negotiate
better contracts for the use of our ROWs. Motion was made by Commissioner Murphy and
seconded by Commissioner Carruthers to submit the commentsto the FCC. Motion carried
unanimously.
Ms. Tennyson advisedthe Board that they are preparing a comments letter regarding the
Endangered Species Act that will express concerns about protecting the strength of the Act. She
advised the Board that there should be a water bill by the end of the calendar year. Board
discussed what can be done to incentivize private property homeowners,who are not full time
residents,or maybe have multiple properties,to keep those properties in a rental pool for
workforcehousing. Ms. Tennyson advised the Board that she would add this to the proposed
legislative agenda for the Board’s review in October.
F2Mr. Wilsonadvised the Board that the waterfront portionof Rowell’s Park will re-open
tomorrowmorning(September 20th). Mr. Knight gave the Board anupdate on the Marathon
Library.
COMMISSIONER’S ITEMS
L2Mr. Wilson addressed the Board concerning direction to staff to issue a Maintenance
Agreement to District 6, Florida Department of TransportationFDOT)to maintain the median
from Big Coppitt to Stock Island; an entrance way to Stock Island and Key West.After
discussion, Board directed staff to communicate with FDOT to seewhat the proposed
landscaping plan is and report back to the Board at the October meeting.The following
individual addressed the Board: Dottie Moses.
COUNTY ADMINISTRATOR
R6Mr. Wilson and Ms. Boan addressed the Board concerning approval of a Contract to
purchase a property known as the Keynoter Building in Marathon (RE#00321700-000000) for
$750,000.00and authorization for the Mayor to execute all documents required to complete the
transaction. After discussion, motion was made by Commissioner Neugent and seconded by
Commissioner Kolhage granting approval of the item. Rollcall vote carried unanimously.
STAFF REPORT
F3Ms. Hurley advised the Board that the recovery center will be open,from the Department
of Economic Opportunity,in the State Building (behind the Marathon Government Center) and
they will be taking applications for Community Development Block Grant Disaster Recovery
(CDBGDR) Funding for housing repair, reconstruction and/or elevation. The CDBGDR
provides up to $150,000.00 per household for those that are income eligible. She advised that
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the state is communicating with staff about the RFP for code compliant tiny homes contractors
which are due September 25, 2018.Ms. Hurley updatedthe Board on the Long Term Recovery
Group and volunteer housing.
PUBLIC HEARINGS
P1A Public Hearing was held 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.There was
no public input. Motion was made by Commissioner Carruthers and seconded by Commissioner
Neugent to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 021-2018
Said Ordinance is incorporated herein by reference.
P2A Public Hearing was held 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 enforcement officers and to authorize enforcement of
payment of tolls and issue Uniform Traffic Citations for the Card Sound Road Toll Facility.
There was no public input. Motion was made by Commissioner Murphy and seconded by
Commissioner Neugent to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 022-2018
Said Ordinance is incorporated herein by reference.
P3APublic Hearing was held to consider adoptionof an Ordinance creating a process to
issue trespass warnings for Monroe County public property and facilities and establishing an
appellate process.There was no public input. Mr. Shillinger addressed the Board. After
discussion, motion was made by Commissioner Murphy and seconded by Commissioner
Neugent to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 023-2018
Said Ordinance is incorporated herein by reference.
P4APublic Hearing was held to consider adoptionof a Resolution authorizing the
Renaming of 2nd Street to Park Avenue in the Subdivision of Ocean Park Village Plat Book 4
Page 14 in Key Largo and directing staff to erect signage to reflect the renaming of the road to
Park Avenue.There was no public input. Motion was made by Commissioner Murphy and
seconded by Commissioner Neugent to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 260-2018
Said Resolution is incorporated herein by reference.
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SHERIFF’S OFFICE
K3Mayor Rice announced that, due to a voting conflict, he would abstain from voting on the
Request for Expenditure Law Enforcement Trust Fund in the amount of $15,000.00 for purchase
of a generator for Heron Assisted Living Facility. Motion was made by Commissioner Kolhage
and seconded by Commissioner Neugent granting approval of the item. Roll call vote carried
unanimously, with Mayor Rice abstaining.
COMMISSIONER’S ITEMS
L3Motion was made by Commissioner Neugent and seconded by Commissioner Murphy
granting approval to advertise an Ordinance amending the code to allow the staff to exempt
after-the-fact demolition permit fees for structures substantially damaged, destroyed, major
damaged, or minor damaged by Hurricane Irma. Motion carried unanimously.
COUNTY ADMINISTRATOR
N2Motion was made by Commissioner Neugent and seconded by Commissioner Murphy
granting approval of the ratification of the Agreement for Sale and Purchase approved by the
BOCC on May 16, 2018, to purchase two (2) parcels in the City of Layton for use as a portion of
the property for a future replacement fire station in Layton, and approval of a Lease of the
property to the owner/seller, Haring Properties, Inc., for up to three (3) years at a nominal fee
pursuant to the purchase contract. Mr. Wilson addressed the Board. Roll call vote was taken
with the following results:
Commissioner CarruthersYes
Commissioner KolhageNo
Commissioner MurphyYes
Commissioner NeugentYes
Mayor RiceYes
Motion carried.
COMMISSIONER’S ITEMS
L3Ms. Hurley addressed the Board concerningthe approval to advertise an Ordinance
amending the code to allow the staff to exempt after-the-fact demolition permit fees for
structures substantially damaged, destroy, major damaged, or minor damaged by Hurricane Irma.
After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner
Kolhage to refund money to the people that already paid for after-the-fact permit fees. Motion
carried unanimously.
COUNTY ADMINISTRATOR
N5Mr. Gastesiand Cammy Clark, Public Information Officer, addressed the Board
concerning approval by the Monroe County Board of County Commissioners to waive paragraph
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2.02B of the Personnel Policy and Procedures Manual for two individuals to fill one Public
Information Officer budgeted position simultaneously from ninety calendar days to two hundred
and forty calendar days. After discussion, motion was made by Commissioner Carruthers and
seconded by Commissioner Neugent granting approval of the item. Roll call vote was taken with
the following results:
Commissioner CarruthersYes
Commissioner KolhageYes
Commissioner MurphyNo
Commissioner NeugentYes
Mayor RiceYes
Motion carried.
COUNTY ATTORNEY
O1Mr. Shillinger referred the Board to the County AttorneyReport for September 2018.
Mr. Shillinger requested to hold a Closed Session in the matter of Galleon Bay Corp. v. Board of
County Commissioners of Monroe County, State of Florida, Case No. 3D16-1502, pending in the
3rd District Court of Appeal and read the required language into the record. Motion was made
by Commissioner Carruthers and seconded by Commissioner Neugent granting approval to hold
the closed session at the October 17, 2018 BOCC meeting. Motion carried unanimously.
Mr. Shillinger touchedbase on the Less Than Fee Program, which is the purchase of
development rights. He advised the publicthat if they have any questions about the program that
they can call the County Attorney’s Office at (305) 292-3470.
O5Ms. Hall gave a report and an update regarding the creation of Middle Keys Health Care
Municipal Service Taxing Unit, for the purpose of levying andcollecting ad valorem taxes for
indigent health care costs at Fishermen's Community Hospital in Marathon, Florida.Mr.
Shillinger addressed the Board. After discussion, the Board directed staff to meet with the
municipalities to look into putting together a Special Taxing District and to bring the information
back to the Board next month in Marathon.
O9Mr. Shillinger requested that the discussion on Land and Water Conservation Fund
(L&WCF) Grant issue regarding Higgs Beach –Impact on non-L&WCF (NPS) grants be
continued for another month or two.
FACILITIES MAINTENANCE
R5Mr. Wilson addressed the Board concerning the approval to abate the rent for September
2017 for 1000 Atlantic Boulevard, LLC (Salute Restaurant) due to the closure of Higgs Beach
from Hurricane Irma in amount of $8,671.81.After discussion, motion was made by
Commissioner Carruthers and seconded by Commissioner Murphygranting approval of the one
month abatement. Motion carried unanimously.
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COUNTY ADMINISTRATOR
R7Ms. Haag addressed the Board concerning approval to enter into a no cost Amendment
No. 1 to the Contract with Wood Environmental and Infrastructure Solutions, Inc. for marine
debris monitoring services to clarify allowable expenses; retroactive to July 18, 2018. After
discussion, motion was made by Commissioner Murphy and seconded by Commissioner
Carruthers granting approval and authorizing execution of the item. Motion carried
unanimously.
There being no further business, the meeting of the Board of County Commissioners was
adjourned.
Kevin Madok, CPA, Clerk
and ex-officio Clerk to the
Board of County Commissioners
Monroe County, Florida
Pamela G. Hancock, D.C.
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