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02/20/2019 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, February 20, 2019 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 Michelle Coldiron, Commissioner Danny Kolhage, Commissioner David Rice and Mayor Sylvia Murphy. 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 A Motion was made by Commissioner Coldiron and seconded by Commissioner Carruthers granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARD B1 Presentation of Employee of the 41' Quarter to Cody Moeller, Maintenance Worker 5. BULK APPROVALS Motion was made by Commissioner Coldiron and seconded by Commissioner Rice granting approval of the following items by unanimous consent: C1 Board granted approval to award surplus vehicles to the highest bidder as set forth in the attached Budget and Finance Purchasing Department Tabulation Sheet and authorization to dispose of the surplus vehicles to the next highest bidder if necessary until items are disposed. Said tabulation sheet is incorporated herein by reference. C2 Board granted approval and authorized execution of a Non-Exclusive Access Easement in favor of Waste Management of Florida across the County property on East Rockland Key to replace the access easement through the Big Coppitt Wastewater Treatment Plant. C4 Board granted approval and authorized execution of Amendment No. 001 to Contract No. AA-1929, Older Americans Act (OAA)between the Alliance for Aging, Inc. and the Monroe County Board of County Commissioners/Monroe County Social Services/In-Home Services and Nutrition Programs for the contract period of January 1, 2019 through December 31, 2019, to increase the Nutrition Services Incentive Program allocation with recurring funding by $8,250.43. This amendment changes the total OAA Contract funding of$687,364.98 to $695,615.41. C5 Board granted approval and authorized execution of Modification No. 3 to Federally Funded Subgrant Weatherization Assistance Program (WAP) Agreement 17WX-OG-11- 54-01- 039 between the State of Florida, Department of Economic Opportunity and Monroe County Board of County Commissioners/Monroe County Social Services to increase funding by $21,659.00, bringing the total WAP allocation from $316,302.91 to $337,961.91. C6 Board granted approval to purchase equipment for the upgrade of the Key West Harvey Government Center broadcast studio and supporting technology, including new TVs for better viewing, using General Services Administration Cooperative Purchasing Pricing in an amount of $108,145.55. C7 Board granted approval to award bid and authorized execution of a Contract with Charley Toppino & Sons, Inc., in the amount of$252,000.00, for construction of an accessory pier and installation of rip rap at the Gulf View Boat Ramp in Big Coppitt. Funding is from the Florida Boating and Improvement Program and the one-cent infrastructure tax. C8 Board adopted the following Resolution authorizing the Transportation & Expressway Authority Membership of Florida to use the County's seal on its membership banner. RESOLUTION NO. 036-2019 Said Resolution is incorporated herein by reference. C9 Board granted approval to award bid and authorized execution of an Agreement with Stockton Maintenance Group, Inc., in the monthly amount of$12,876.47, for Lower Keys Janitorial Services. Funding is ad valorem. C10 Board granted approval and authorized execution of a month-to-month Contract extension with USA Parking System, Inc. for parking lot management services at the Key West International Airport pending receipt of sealed proposals and a new contract being awarded. C11 Board granted approval and authorized execution of the 3rd Amendment to Contract with Cliffhanger Janitorial, Inc., for janitorial services at the Key West International Airport, renewing the agreement for one year; increasing total contract from $411,764.11 a year to $419,587.63 a year; for annual CPI adjustment of 1.9%. C12 Board granted approval to advertise for bids for the Key West Noise Insulation Program Construction Project at Key West by the Sea Building C consisting of 76 units. Should no bids be received, Board granted approval to re-advertise the building in two phases (reduce scope with less units/less floors in each phase) to try to attract potential bidders, and approval to waive County Competitive Solicitation Process 3.A (2.c), and reduce the advertisement period from 45 days to 30 days to accommodate the FAA's grant application deadline for Fiscal Year 2019. 2 1 P a g e 02/ 20 / 20 9 C13 Board granted approval to advertise, for competitive solicitation/public auction, the sale of a surplus 1998 Oshkosh Fire Truck(Unit ID44086)located at the Key West International Airport Fire Rescue Station. C14 Board granted approval to advertise a request for competitive solicitation for the Key West International Airport Taxiway A Rehabilitation and Lighting Project. C15 Board granted approval to apply to the Federal Aviation Administration for Passenger Facility Charge Application No. 18 Funding for the Key West International Airport and to accept public comment on the County's application for thirty days upon the posting of the required Public Notice. C16 Board granted approval and authorized execution of Change Order No. 1 to the Contract with Roofing by Ruff, Inc. for the Fort East Martello Roof Replacement Project in the amount of $78,261.00 and a fourteen day time extension. This project is funded by the TDC. C17 Board granted approval and authorized execution of Florida Department of Transportation Supplemental Local Agency Program Agreement for the Pigeon Key Ramp Rehabilitation Construction Project; transferring $90,000.00 of existing grant funds from the Construction Phase to the Construction Engineering and Inspection Phase and increasing the County match in the amount of approximately $9,910.00; and extending the grant expiration date to December 31, 2019. C18 Board granted approval and authorized execution of Amendment No. 1 to Contract with WSP USA, Inc. for Construction Engineering and Inspection Services for the Pigeon Key Ramp Rehabilitation Project; to add Archeological Monitoring personnel required by the State Historical Preservation Office in the maximum not to exceed amount of$22,149.19; for a revised total contract amount of$305,398.09. The project is funded through a Local Agency Program Agreement with the Florida Department of Transportation. C19 Board granted approval and authorized execution of the 2nd Renewal Agreement with Dion Fuels LLC for an additional one-year term beginning March 15, 2019. C20 Board granted approval, acting as Plan Administrator of the Length of Service Award Plan, to begin 10-year disbursement of funds to one eligible participant. C21 Board granted approval and authorized execution of the 6th Amendment to Agreement for Professional Services with Currie Sowards Aguila Architects, Inc. for the design through construction administration of the Plantation Key Judicial Courthouse and Detention Facility to include utility coordination and phasing coordination with existing structures in the amount of $39,800.00. C22 Board adopted the following Resolutions concerning the Transfer of Funds and the Receipt of Unanticipated Funds: 3 1 P a g e 02/ 20 / 20 9 Amending Resolution No. 355-2018 (OMB Scheduled Item No. 1). RESOLUTION NO. 037-2019 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 038-2019 Said Resolution is incorporated herein by reference. Amending Resolution No. 301-2018 (OMB Scheduled Item No. 3). RESOLUTION NO. 039-2019 Said Resolution is incorporated herein by reference. Amending Resolution No. 304-2018 (OMB Scheduled Item No. 4). RESOLUTION NO. 040-2019 Said Resolution is incorporated herein by reference. Amending Resolution No. 306-2018 (OMB Scheduled Item No. 5). RESOLUTION NO. 041-2019 Said Resolution is incorporated herein by reference. Amending Resolution No. 311-2018 (OMB Scheduled Item No. 6). RESOLUTION NO. 042-2019 Said Resolution is incorporated herein by reference. Amending Resolution No. 308-2018 (OMB Scheduled Item No. 7). RESOLUTION NO. 043-2019 Said Resolution is incorporated herein by reference. Amending Resolution No. 310-2018 (OMB Scheduled Item No. 8). RESOLUTION NO. 044-2019 Said Resolution is incorporated herein by reference. Amending Resolution No. 329-2018 (OMB Scheduled Item No. 9). RESOLUTION NO. 045-2019 Said Resolution is incorporated herein by reference. Amending Resolution No. 330-2018 (OMB Scheduled Item No. 10). RESOLUTION NO. 046-2019 Said Resolution is incorporated herein by reference. Amending Resolution No. 353-2018 (OMB Scheduled Item No. 11). RESOLUTION NO. 047-2019 Said Resolution is incorporated herein by reference. Amending Resolution No. 318-2018 (OMB Scheduled Item No. 12). RESOLUTION NO. 048-2019 Said Resolution is incorporated herein by reference. Amending Resolution No. 320-2018 (OMB Scheduled Item No. 13). RESOLUTION NO. 049-2019 Said Resolution is incorporated herein by reference. Amending Resolution No. 323-2018 (OMB Scheduled Item No. 14). RESOLUTION NO. 050-2019 Said Resolution is incorporated herein by reference. Amending Resolution No. 315-2018 (OMB Scheduled Item No. 15). RESOLUTION NO. 051-2019 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 052-2019 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 053-2019 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 054-2019 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 19). RESOLUTION NO. 055-2019 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 056-2019 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 057-2019 Said Resolution is incorporated herein by reference. Amending Resolution No. 382-2018 (OMB Schedule Item No. 22). RESOLUTION NO. 058-2019 Said Resolution is incorporated herein by reference. Amending Resolution 333-2018 (OMB Schedule Item No. 23). RESOLUTION NO. 059-2019 Said Resolution is incorporated herein by reference. Amending Resolution No. 334-2018 (OMB Schedule Item No. 24). RESOLUTION NO. 060-2019 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 25). RESOLUTION NO. 061-2019 Said Resolution is incorporated herein by reference. Amending Resolution No. 336-2018 (OMB Schedule Item No. 26). RESOLUTION NO. 062-2019 Said Resolution is incorporated herein by reference. Amending Resolution No. 357-2018 (OMB Schedule Item No. 27). RESOLUTION NO. 063-2019 Said Resolution is incorporated herein by reference. Amending Resolution No. 324-2018 (OMB Schedule Item No. 28). RESOLUTION NO. 064-2019 Said Resolution is incorporated herein by reference. Amending Resolution No. 325-2018 (OMB Schedule Item No. 29). RESOLUTION NO. 065-2019 Said Resolution is incorporated herein by reference. Amending Resolution No. 356-2018 (OMB Schedule Item No. 30). RESOLUTION NO. 066-2019 Said Resolution is incorporated herein by reference. HURRICANE IRMA RECOVERY D2 Board granted approval and authorized execution of a Task Order with Bender& Associates Architects, P.A. for Pigeon Key Hurricane Repairs Stabilization and Restoration of the Commissary Building and Honeymoon Cottage and Updating of the Historic Structures Report in the amount of$164,589.00. This Task Order is funded by a TDC Capital Project (Bricks & Mortar) Grant. D5 Board granted approval and authorized execution of six month extensions of Lease Agreements (Contract No. 826771 for CPX-96355 & CPX-96247; and Contract No. 826299 for SMI-34426)with Williams Scotsman for temporary office trailers used by Monroe County Sheriffs Office personnel for the period February 21, 2019 through August 20, 2019. 6 1 P a g e 02/ 20 / 20 9 TOURIST DEVELOPMENT COUNCIL El Board granted approval and authorized execution of an Amendment to extend Agreement with AT&T to provide long distance telephone services for TDC Administrative Office and visitor information lines (1-800 visitor information services lines for the Chambers of Commerce). E2 Board granted approval to advertise a Request for Applications for Fiscal Year 2020 Destination and Turnkey Event Funding. E3 Board granted approval to advertise a Request for Applications for Fiscal Year 2020 Capital Project Funding. E4 Board granted approval to rescind Capital Project Agreement with Miami-Dade Historical Maritime Museum, Inc. for the USCGC Ingham Preservation Project upon request of grantee. E5 Announcement of one vacant position on the Tourist Development Council District I Advisory Committee for one "At Large" appointment. E6 Board adopted the following Resolution to provide for additional advance registration, booth related expenses and travel related expenses for trade shows for Fiscal Year 2020 to be paid from TDC funds in Fiscal Year 2019. RESOLUTION NO. 067-2019 Said Resolution is incorporated herein by reference. E7 Board granted approval to rescind the Agreement and Amendment to Agreement with Florida Keys Wild Bird Rehabilitation Center, Inc. for the Laura Quinn Wild Bird Sanctuary Pelican Pond Project upon request of grantee. PLANNING& ENVIRONMENTAL, BUILDING& CODE COMPLIANCE DEPARTMENTS J6 Board granted approval to re-appoint Mr. Frank Herrada, CAC1817003, to one additional three-year term to the Contractors' Examining Board beginning March 23, 2019 through March 23, 2022. J7 Board adopted the following Resolution authorizing Unlicensed Contractor Code Investigator LaChelle Thompson to issue citations for disposition in County Court. RESOLUTION NO. 068-2019 Said Resolution is incorporated herein by reference. J8 Board granted approval and authorized execution of Amendment No. 8 with M.T. Causley, Private Provider of Building and Planning & Environmental related contract 7 1 P a g e 02/ 20 / 20 9 employees, adding a new position title of Customer Service Supervisor/Senior Coordinator and related hourly fee schedule. J9 Board granted approval and authorized execution of the 2nd Amendment to a Contract for Professional Services between Bender Consulting Services, Inc. and Monroe County related to review and public presentation of new Flood Zone Mapping, amending the total not to exceed amount from $24,999.99 to $49,999.99. WASTEWATER L1 Board adopted the following Resolution of the Board of County Commissioners of Monroe County approving a policy for collection of charges and system development fees for the County owned FKAA operated sewer systems in the County. RESOLUTION NO. 069-2019 Said Resolution is incorporated herein by reference. SHERIFF'S OFFICE M1 Board granted approval of the request for expenditure of the Law Enforcement Trust Fund, as follows: $500.00 United Way of the Florida Keys: to support the reprinting of the Community Resource Guide, a comprehensive listing of human services which assist MCSO personnel and Monroe County citizens. COMMISSIONER'S ITEMS N1 Board granted approval of Mayor Murphy's reappointment of Paul Armstrong to the South Florida Behavioral Health Network, term to expire February 20, 2021. N2 Board granted approval of Mayor Murphy's reappointment of Bob Johnson to the Human Services Advisory Board for an additional term to expire on November 16, 2020. N3 Board granted approval of Mayor Murphy's appointment of Duane Triplett to the South Florida Behavioral Health Network as a Mayor's appointment, term to run from February 20, 2019 to February 20, 2021. N4 Board granted approval of Mayor Murphy's reappointment of James Boilini to the Parks and Recreation Advisory Board for an additional term to expire on February 20, 2023. N5 Board granted approval of Commissioner Kolhage's reappointment of Michael Ingram to the Human Services Advisory Board, term to expire November 2020. N6 Board granted approval of Commissioner Kolhage's reappointment of Reverend Steve Torrence to the Monroe County Shared Asset Forfeiture Fund Advisory Board, term to expire November, 2021. 8 1 P a g e 02/ 20 / 20 9 N7 Board granted approval of Commissioner Coldiron's appointment of Darcy Wadsworth to the Monroe County Parks and Recreation Advisory Board as replacement for Bob Mock, who resigned in 2018, term expires January 2021. N8 Board granted approval of Commissioner Coldiron's reappointment of Sandra Higgs to the Monroe County Human Services Advisory Board for a two-year term ending February 2021. N10 Board granted approval of Commissioner Rice's appointment of David Maki, to fulfill the remaining term of Ken Wiggins, for the Duck Key Security District Advisory Board through June 15, 2020. N11 Board granted approval of Commissioner Rice's reappointment of David Manz to the Human Services Advisory Board, representing District 4, term expires February 20, 2021. N12 Board granted approval of Commissioner Carruthers' appointment of Virginia Stones to the Monroe County Human Services Advisory Board, term expires February 20, 2021 (or end of Commissioner's term). COUNTY CLERK 01 Board granted approval of the minutes from the Regular Meetings of November 20, 2018 and December 19, 2018. Said minutes are incorporated herein by reference. 02 Board granted approval of Tourist Development Council expenses for the month of January 2019, as follows: Advertising, in the amount of$1,497,581.38; Bricks & Mortar Projects, in the amount of$137,889.80; Events, in the amount of$97,359.30; Office Supplies & Operating Costs, in the amount of$56,057.42; Personnel Services, in the amount of $120,315.17; Public Relations, in the amount of$169,806.97; Sales & Marketing, in the amount of$192,425.55; Telephone& Utilities, in the amount of$25,743.01; Travel, in the amount of$13,561.28; Visitor Information Services, in the amount of$105,075.36. 03 Board granted approval of FKAA invoices in the amount of$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) less than $50,000.00, 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 of BOCC Warrants (Including Payroll) for the month of January 2019, 10047604-10048997, 50004828-50004861 (PR), 3105281-3106446 (PR Voucher), 24136-24272 (WC), as follows: 001 General Fund, in the amount of$4,511,846.88; 101 Fine & Forfeiture Fund,in the amount of$445,437.35; 102 Road& Bridge Fund,in the amount of $405,135.61; 115 TDC District Two Penny,in the amount of$401,081.42; 116 TDC Admin & Promo 2 Cent,in the amount of$903,506.00; 117 TDC District 1,3 Cent, in the amount of$ 9 1 P a g e 02/ 20 / 20 9 491,533.31; 118 TDC District 2,3 Cent,in the amount of$48,325.33; 119 TDC District 3,3 Cent,in the amount of$187,392.96; 120 TDC District 4,3 Cent,in the amount of$217,780.74; 121 TDC District 5,3 Cent,in the amount of$194,701.35; 125 Gov Fund Type Grants,in the amount of$3,945,643.08; 141 Fire & Amb Dist 1 L&M Keys,in the amount of$1,077,077.26; 147 Uninc Svc Dist Parks&Rec,in the amount of$177,595.74; 148 Plan, Build, Zoning,in the amount of$588,303.14; 150 E911 Enhancement Fund,in the amount of$36,321.54; 152 Duck Key Security Dist,in the amount of$13,376.76; 153 Local Housing Assistance,in the amount of$2,642.09; 157 Boating Improvement Fund,in the amount of$50,200.00; 158 Misc Special Revenue Fund,in the amount of$113,612.49; 160 Environmental Restoration,in the amount of$21,828.05; 162 Law Enforcement Trust-600,in the amount of$5,000.00 ;163 Court Facilities,in the amount of$14,510.65; 180 Building Funds,in the amount of$569,930.11; 304 1 Cent Infra Surtax,in the amount of$260,621.18; 308 Infrastructure Sales Tax Revenue Bond,in the amount of$23,850.00; 312 Cudjoe Regional WW Proj,in the amount of $9,634.73; 314 Series 2014 Revenue Bonds,in the amount of$341,978.82; 316 Land Acquisition,in the amount of$253,322.00; 401 Card Sound Bridge,in the amount of $32,089.96; 403 Marathon Airport,in the amount of$164,684.82; 404 Key West Intl Airport, in the amount of$546,692.67; 406 PFC & Operating Restrictions,in the amount of $66,719.85; 414 MSD Solid Waste,in the amount of$2,525,538.65; 501 Worker's Compensation,in the amount of$343,094.39; 502 Group Insurance Fund,in the amount of $860,416.83; 503 Risk Management Fund,in the amount of$51,031.32; 504 Fleet Management Fund,in the amount of$199,642.61; 610 Fire/EMS LOSAP Trust Fund,in the amount of$2,730.00. 06 Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. Said inventory is incorporated herein by reference. COUNTY ADMINISTRATOR P1 Board accepted the County Administrator's monthly report for February 2019. Said report is incorporated herein by reference. P2 Board granted approval of entering into a ninety day 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, 2019 and extending to April 30, 2019. COUNTY ATTORNEY Q1 Board accepted the County Attorney's report for February 2019. Said report is incorporated herein by reference. Q2 Board granted approval to initiate litigation against Spencer C. Blanton and the property located at 20001 Overseas Highway, Sugarloaf Key, Florida, and any other properties owned by him if necessary, to seek compliance with the County Code and enforce liens arising from Code Compliance Case Number CE09010087. 101Pa g e 02/ 20 / 20 9 Q4 Board granted approval and authorized execution of a Contract with Maui Enterprises, Inc. to purchase a less than fee interest in Block 16, Lot 10, Eden Pines Colony, Big Pine Key (PB 4-158)with parcel number 00268340-000000 for density reduction purposes. COUNTY ADMINISTRATOR T1 Board granted approval of the appointment of Teri Johnston to the Monroe County Tourist Development Council, replacing Jimmy Weekley who recently resigned, with a term beginning February 20, 2019 through February 20, 2021. T2 Board granted approval to negotiate in rank order with the firms responding to the Request for Qualifications for Professional Services for the Roads Vulnerability Analysis and Capital Plan for County-maintained roads and related services. FACILITIES MAINTENANCE T3 Board granted approval to award bid and authorized execution of an Agreement with Ceiling to Floor Cleaning, Inc., in the monthly amount of$19,500.00, for Upper Keys and Marathon Janitorial Services. Funding is ad valorem. T5 Board granted approval and authorized execution of an Acknowledgment and Consent to Assignment of Agreement from EE& G Environmental Services LLC to Beach Raker LLC for professional beach cleaning at Higgs Beach, Key West. TDC is the funding source. T6 Board granted approval and authorized execution of an annual Agreement with the Monroe County Sheriff's Office to provide 320 square feet of office space at the Murray E. Nelson Government and Cultural Center in Key Largo, Florida. PROJECT MANAGEMENT T8 Board granted approval and authorized execution of Amendment No. 1 to the CEI Contract with WSP USA Inc. for the Reynolds Street Pier Scenic Outlook Projects. This amendment extends contract time by ninety days and increases the funding amount by $23,634.00 to allow the continuation of CEI services for the Reynolds Street Pier Project as a result of storm damage to the stairs. Motion carried unanimously. MISCELLANEOUS BULK APPROVAL C3 Kevin Wilson, Assistant County Administrator; and Tina Boan, Sr. Director Budget & Finance, addressed the Board concerning approval of a Contract with BCP, LLC to purchase a property at 316 Simonton Street, Key West for$2,020,000.00. The planned use of the property is for offices for the Public Defender. Funds will come from the Infrastructure Sales Surtax. Robert Lockwood, Public Defender, addressed the Board. After discussion, motion was made by 111 P a g e 02i 20 /20 V 9 Commissioner Carruthers and seconded by Commissioner Coldiron granting approval of the item. Motion carried unanimously. COUNTY ADMINISTRATOR T9 Roman Gastesi, County Administrator; Greg Veliz, City of Key West Assistant City Manager; Bob Shillinger, County Attorney; and Mayor Teri Johnston, City of Key West, addressed the Board concerning KOTS (Keys Overnight Temporary Shelter). The Board took no official action. P3 Dr. Jonathan Gueverra,President, Florida Keys Community College (FKCC) gave a Power Point Presentation on Programmatic and Strategic Update on FKCC. Megan Perez, Continuing Education Administration; and Stephanie Scuderi, Chair, FKCC Board of Trustees, addressed the Board. PLANNING& ENVIRONMENTAL, BUILDING& CODE COMPLIANCE DEPARTMENTS Christine Hurley, Assistant County Administrator, addressed the Board concerning the following three items (J3, J4 and J5). J3 Bruce Bender, Sr. Vice President, Bender Consulting Services, Inc. (Consultant for the County); Ms. Hurley, and Mark Boone, Sr. Floodplain Administrator, made a Power Point Presentation of FEMA Coastal Study process to update Flood Insurance Rate Maps known as the Physical Map Revision, timeline, and recommended public information process and procedures for adopting, appealing and commenting on new maps, along with a request to authorize staff to develop a Request for Proposal to retain a data and modeling expert, which may be needed if the County decides to appeal the new floodplain maps with an estimated cost of$225,000.00. J4 Mr. Boone and Ms. Hurley made a Power Point Presentation on the impact of Coastal A Zone designation on construction permitting and explanation of Limit of Moderate Wave Activity on Flood Insurance Rate Maps. J5 Karl Bursa, Chief Floodplain Regulatory Operations; and, Emily Schemper, Sr. Director Planning & Environmental Resources, made a Power Point Presentation on processing a land development code amendment to require additional freeboard up to 3' above minimum required elevation under floodplain regulations for Structures in the Special Flood Hazard Areas. The following individuals addressed the Board: Mel Montague, Steve Russ, Chris Gratton, representing Florida Keys Contractors Association; and Rudy Krause, representing Rudy Krause Construction. J3 After discussion, motion was made by Commissioner Rice and seconded by Mayor Murphy to allow staff to issue an RFP for a professional that could help with the interpretation of the maps, as well as if we do decide that there's something that is not liked about the maps, who could help to engage in the appeal process. Motion carried unanimously. 121 P a g e 02i 20 /20 V 9 CLOSED SESSION K1 Mr. Shillinger announced an Attorney-Client Closed Session in the matter of AshBritt, Inc. v. Monroe County, FL and Florida Department of Transportation, Case No. CA-K-17- 802 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 Attorneys Chris Ambrosio and Christine Limb ert-B arrows; and, a certified court reporter. Mayor Murphy declared the open session of the meeting closed. After the closed session, the meeting was re-opened. PLANNING& ENVIRONMENTAL, BUILDING& CODE COMPLIANCE DEPARTMENTS Ms. Hurley continued discussion on the following two items (J4 and J5): J4 Discussion and direction on the impact of Coastal A Zone designation on construction permitting and explanation of Limit of Moderate Wave Activity on Flood Insurance Rate Maps. After discussion, motion was made by Mayor Murphy and seconded by Commissioner Rice directing staff to start the Ordinance drafting and regulate to the preliminary maps;pending staff review of draft maps to ensure technical accuracy. Roll call vote carried unanimously. J5 Discussion and direction on processing a land development code amendment to require additional freeboard up to 3' above minimum required elevation under floodplain regulations for Structures in the Special Flood Hazard Areas. The Board took no official action. ENGINEERING Il Harold Desdunes, P.E., Director of Transportation Development; and Pablo Orozco, District Structures Maintenance Engineer, with Florida Department of Transportation, made a Power Point Presentation on the Cow Key Channel Bridge Rehabilitation Project. The following individual addressed the Board: Gerald Ward. PUBLIC HEARINGS Ms. Schemper addressed the Board concerning the following three items (R1, R2 & R3). The following individuals addressed the Board: Jan Edelstein, representing Cudjoe Gardens Property Owner's Association; Stuart Schaffer, representing Sugarloaf Shores Property Owner's Association; Bill Hunter, representing Lower Keys Alliance; and, Bart Smith representing the applicant. R1 A Public Hearing to consider approval of an Ordinance by the Monroe County Board of County Commissioners amending the Monroe County Comprehensive Plan as a small-scale 131Pa g e 02/ 20 / 20 9 comprehensive plan amendment pursuant to Section 163.3187, Florida Statutes, creating Policy 107.1.7 Coco Palms Affordable Housing Subarea; Establishing the boundary of the Coco Palms Affordable Housing Subarea; Limiting the permitted uses of the subarea to deed restricted affordable housing dwelling units; limiting maximum net density for affordable housing in the subarea; and eliminating allocated density and floor area ratio for property located at 21585 Old State Road 4A, Cudjoe Key, having real estate 4 00174960- 000000, as proposed by Smith Hawks, PL on behalf of Mobile Homes Holdings Coco, LLC; to accompany a proposed amendment to the Future Land Use Map (FLUM) from Residential High (RH) and Residential Conservation (RC) to Mixed Use/Commercial (MC). (File 42018-050). After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Coldiron to adopt the following Ordinance, eliminating the language in Section 4)b) that allows the project to proceed as a minor conditional use, instead retaining the existing Code language; and with the following amendments (underlined): Eliminating the language in section 4B that allows the project to proceed as a minor conditional use, instead retaining the existing Code language. Policy 107.1.7 Coco Palms Affordable Housing Subarea 4) Only the land uses listed below shall be permitted within the Coco Palms Affordable Housing Subarea a) Permitted as of right. i. Deed restricted attached or detached affordable dwelling units involving less than six units, designated as employee housing as provided for in LDC Section 139-1; ii. Accessory Uses; and iii. Replacement of deed restricted affordable dwelling units (mobile homes) which are as of the effective date of this Policy subject to Chapter 723, Florida Statutes, in the event of substantial damage or destruction, for so long as such deed restricted affordable dwelling units (mobile homes) are subject to Ch. 723, Florida Statutes; and iv. Non-conforming mobile homes existing as of the date of this policy may remain so long _as they are not substantially damaged or destroyed. All current occupas they are not substantially damaged or destroyed. All current occupants may remain under their current leases. Upon expiration of any mobile home lease, in order to obtain a new lease, the tenant(s) must meet the qualifications for affordable employee housin&. b) Permitted as a minor conditional use subject to the standards and procedures set forth in the Monroe County Land Development Code Chapter 110, Article III. i. Attached or detached deed res*ri^*ea ^ff t:dab -e dwellings s involving six (6) to eighteen (18) of units, designated as employee housing as provided for in LDC Section 139-1 oft e Land Development Gede c) Permitted as a major conditional use subject to the standards and procedures set forth in Monroe County Land Development Code Chapter 110, Article III: i. Attached or detached dwellings involving more than 18 units, designated as employee housing as provided for in LDC Section 139-1. c-)d) Permitted use limitations. i. All residential units constructed within the subarea shall be deed restricted affordable in accordance with Policy 601.1.4: 141 P a g e 02 / 20 / 20 V 9 ii. No market rate housing shall be allocated, assigned, transferred to the Coco Palms Affordable Housing Subarea, or otherwise developed within the Coco Palms Affordable Housing Subarea; iii. Properties within the Coco Palms Affordable Housing Subarea shall not be eligible sender sites for affordable housing ROGO exemptions or TREs; iv. No other residential or nonresidential uses shall be permitted within the subarea; and V. All new residential units developed within the subarea shall be subject to the ROGO permit allocation system and after development of the sixteen new units the resulting thirty-three(33)units shall consist of nineteen (19) moderate income, seven (7) median income and seven (7)low income affordable allocations. Once the sixteen (16)new employee housing units are developed, the affordable housing income restrictions may be reconfigured within the property so as to insure occupants) can meet the income requirements for the unit occupied. Roll call vote was taken with the following results: Commissioner Carruthers No Commissioner Coldiron Yes Commissioner Kolhage Yes Commissioner Rice Yes Mayor Murphy Yes Motion carried. ORDINANCE NO. 001-2019 Said Ordinance is incorporated herein by reference. R2 A Public Hearing to consider approval of an Ordinance by the Monroe County Board of County Commissioners amending the Monroe County Future Land Use Map as a small-scale comprehensive plan amendment pursuant to Section 163.3187, Florida Statutes, from Residential High (RH) and Residential Conservation (RC) to Mixed Use/Commercial (MC), for property located at 21585 Old State Road 4A, Cudjoe Key, having real estate 4 00174960-000000, as proposed by Smith Hawks, PL on behalf of Mobile Homes Holdings Coco, LLC; contingent on adoption and effectiveness of proposed Subarea Policy 107.1.7 of the Comprehensive Plan to provide limitation on development and specific restrictions on the subject property. (File 42018- 051). After discussion, motion was made by Commissioner Kolhage and seconded by Mayor Murphy to adopt the following Ordinance contingent upon the modifications of Item R1. Roll call vote carried unanimously. ORDINANCE NO. 002-2019 Said Ordinance is incorporated herein by reference. R3 A Public Hearing to consider approval of an Ordinance by the Monroe County Board of County Commissioners amending the Monroe County Land Use District (Zoning) Map from Native Area (NA) and Urban Residential-Mobile Home (URM) to Suburban Commercial (SC), for property located at 21585 Old State Road 4A, Cudjoe Key, having real estate number 151 P a g e 02 / 20 / 20 V 9 00174960-000000, as proposed by Smith Hawks, PL on behalf of Mobile Homes Holdings Coco, LLC. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Rice to adopt the following Ordinance contingent upon the modifications of Item R1. Roll call vote carried unanimously. ORDINANCE NO. 003-2019 Said Ordinance is incorporated herein by reference. Mr. Shillinger advised the Board that he has a conflict with the following two items (R4 & R5) as the applicant is his son-in-law. He advised the Board that as the client they could vote to waive that conflict and suggested that Steve Williams, Assistant County Attorney, would be the appropriate attorney to sit in his stead. Motion was made by Mayor Murphy and seconded by Commissioner Rice to waive the conflict. Roll call vote carried unanimously. Michael Roberts, Sr. Administrator, Environmental Resources, addressed the Board concerning Items R4 & R5. There was no public input. Motion was made by Commissioner Kolhage and seconded by Commissioner Rice to adopt the following Ordinances. Motion carried unanimously. R4 A Public Hearing to consider approval of an Ordinance amending the Tier Overlay District (Zoning) Map from Tier III-A to Tier III pursuant to a request by Liz Homes, LLC, regarding a parcel of vacant land on Sugarloaf Key legally described as Lot 31, Block 9, Indian Mound Estates, according to the plat thereof, recorded in Plat Book 4, Page 132, of the Public Records of Monroe County, Florida, and currently having Property Identification No. 00171070- 000000. ORDINANCE NO. 004-2019 Said Ordinance is incorporated herein by reference. R5 A Public Hearing to consider approval of an Ordinance amending the Tier Overlay District (Zoning) Map from Tier III-A to Tier III pursuant to a request by Liz Homes, LLC, regarding a parcel of vacant land on Sugarloaf Key legally described as Lot 32, Block 9, Indian Mound Estates, according to the plat thereof, recorded in Plat Book 4, Page 132, of the Public Records of Monroe County, Florida, and currently having Property Identification No. 00171080- 000000. ORDINANCE NO. 005-2019 Said Ordinance is incorporated herein by reference. R6 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 Urban Residential Mobile Home (URM) to Mixed Use (MU), for property located at 5650 E. Laurel Ave., Stock Island, approximately Mile Marker 5, as proposed by 5650 Laurel, LLC (File 2018-141. Ms. Schemper addressed the Board. There was no public input. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Coldiron to adopt the following Ordinance. Motion carried unanimously. 161Pa g e 02/ 20 / 20 9 ORDINANCE NO. 006-2019 Said Ordinance is incorporated herein by reference. R7 A Public Hearing was held to consider approval of an Ordinance amending Section 5-24 of the Monroe County Code relating to parking violations at Key West International Airport. There was no public input. Motion was made by Commissioner Rice and seconded Mayor Murphy to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 007-2019 Said Ordinance is incorporated herein by reference. R8 A Public Hearing was held to consider approval of an Ordinance amending Section 25-2 of the Monroe County Code relating to county speed zones at the Key West International Airport. There was no public input. Motion was made by Commissioner Coldiron and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 008-2019 Said Ordinance is incorporated herein by reference. Mr. Shillinger request that the Board continue the following two items (R9 & R10), because of the notice issue, to next month's meeting: R9 A Public Hearing to consider an application for issuance of a Class A Certificate of Public Convenience and Necessity (COPCN) to Falck Southeast II Corporation d/b/a American Ambulance Service for the operation of an ALS Transport Service in Monroe County, Florida for the period 2/21/19 through 2/20/21 for responding to non-emergency requests for transport. R10 A Public Hearing to consider an application for issuance of a Class A and Class B Certificate of Public Convenience and Necessity (COPCN) to Rapid Response Medical Transportation for the operation of ALS and BLS Transport Services in the zones of Key West& Adjunct Keys; Islamorada; Key Largo and Marathon for responding to non-emergency requests for transport. Motion was made by Commissioner Kolhage and seconded by Commissioner Carruthers to continue the items to next month's meeting. Motion carried unanimously. R11 A Public Hearing was held to consider approval of a Resolution for Budget Amendments for Fiscal Year 2019 for Stock Island Wastewater, Fund 171; Cudjoe Regional Wastewater Project, Fund 312; 2014 Revenue Bond, Fund 314; and Land Acquisition, Fund 316. There was no public input. Motion was made by Mayor Murphy and seconded by Commissioner Kolhage to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 070-2019 Said Resolution is incorporated herein by reference. HURRICANE IRMA RECOVERY D7 Alan MacEachern, Director Information Technology and Ms. Schemper addressed the Board concerning direction regarding a privately owned tower proposed to be built on Cudjoe Key to improve communications Keys-wide for cellular service; very high frequency (VHF); and public service hand-held radios. The following individuals addressed the Board: David Paul Horan, representing Frank Dirico; Frank Dirico, Mike Rice, Bureau Chief, Monroe County Sheriff's Office; Nick Cavallo, Mark Pallans, Jim Parker, Jan Edelstein, Stuart Schaffer, representing Sugarloaf Shores Property Owner's Association; Mark Baker, and Tom Oehmke. The Board took no official action. PLANNING& ENVIRONMENTAL, BUILDING& CODE COMPLIANCE DEPARTMENTS Ms. Schemper and Mr. Shillinger addressed the Board concerning the following two items (J1 & J2). The following individuals addressed the Board: Jose Gervara, Henry Guerrios, and Bart Smith, representing the applicant. J1 Approval of a Resolution setting the time, date, and place for a public hearing to consider a request by Wrecker's Cay Apartments at Stock Island, LLC, for a resolution renouncing and disclaiming any right of the County and the public in and to the right-of-way of a portion of MacDonald Avenue and First Street, Stock Island, Monroe County, Florida, as shown on the plat of Maloney's Subdivision of Stock Island, Plat Book 1, Page 55, bounded on the north by all of Block 32; bounded on the west by Second Street and all of Block 34; bounded on the south by all of Block 34, and by First Street adjacent to Block 34 Lot 11 and Block 33 Lot 20; and bounded on the east by Block 33 Lot 1 and the platted shoreline. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Carruthers to table the item. Roll call vote carried unanimously. J2 Approval of a Resolution setting the date, time and place for a public hearing to consider a request by Wrecker's Cay apartments at Stock Island, LLC and Murray Marine Sales and Service, Inc., for a resolution renouncing and disclaiming any right of the County and the public in and to the right-of-way of a portion of Laurel Avenue in Maloney's Subdivision of Stock Island, according to the Plat thereof as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida, bounded on the north by all of block 23; bounded on the west by second street; bounded on the south by all of block 32; and bounded on the east by adjacent bay bottom and a parcel of land adjacent to government lot 2, section 35, township 67 south, range 25 east, Stock Island, Monroe County. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Coldiron to adopt the following Resolution to hold a Public Hearing on April 17, 2019 in Marathon. Roll call vote carried unanimously. RESOLUTION NO. 071-2019 Said Resolution is incorporated herein by reference. 181Pa g e 02/ 20 / 20 9 HURRICANE IRMA RECOVERY D1 Ms. Boan and Mr. Shillinger addressed the Board concerning the report of Hurricane Irma finance activity by the Office of Management and Budget. Said report is incorporated herein by reference. D4 Rhonda Haag, Director Sustainability &Projects, made a Power Point Presentation on status of Hurricane Irma marine debris removal from canals in unincorporated Monroe County, City of Marathon and Village of Islamorada. Kevin Madok, Clerk of Court; Cynthia Hall, Assistant County Attorney; and Greg Corning,P.E. Senior Engineer, Wood Environment& Infrastructure Solutions, Inc., addressed the Board. D6 Ms. Haag and Pedro Mercado, Assistant County Attorney, addressed the Board concerning approval to enter into Task Order No. 6 for $20,736.60; under the on-call Contract with Wood Environment and Infrastructure, Inc. for Category B canal infrastructure engineering services; for design,permitting and procurement assistance for installing a replacement air curtain system at the mouth of Canal 4266 located on Witters Lane in Big Pine Key to replace the air curtain destroyed by Hurricane Irma. After discussion, motion was made by Commissioner Kolhage and seconded by Commissioner Rice granting approval of a waiver of the rotation policy, based on the February 15, 2019 memorandum from Ms. Haag; and approving the item with the condition that the other contractor(Tetra Tech, Inc.)be contacted for the next job. Motion carried unanimously. COMMISSIONER'S ITEMS N9 Ms. Boan and Mr. Gastesi addressed the Board concerning direction to staff to acknowledge the not-for-profit(NFP) service providers with at least a cost of living increase (COLA) annually to their service contracts. After discussion, motion was made by Commissioner Rice and seconded by Mayor Murphy directing staff to take a look at this issue and come back with some recommendations that would recognize the fact that their(NFP) costs go up every year. Motion carried unanimously. COUNTY ATTORNEY Q3 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 ofKeys Wi-Fi, Inc., Case No. CA-K-17-631 at the March 21, 2019 BOCC meeting in Key Largo, FL at 1:30 p.m. or as soon thereafter as may be heard. Motion was made by Commissioner Carruthers and seconded by Commissioner Coldiron to hold the closed session. Motion carried unanimously. FACILITIES MAINTENANCE T4 Motion was made by Commissioner Rice and seconded by Commissioner Carruthers granting approval to award bid and authorized execution of an Agreement with Florida Keys Fire 191Pa g e 02/ 20 / 20 9 Protection Services, Inc. in an annual amount not to exceed $70,000.00, for Full Maintenance Fire Protection Services. Funding is ad valorem. Motion carried unanimously. T7 Commissioner Rice announced that, due to a voting conflict, he would abstain from voting on the approval of the 9t'Renewal to Agreement with the Guidance/Care Center, Inc. for use of the wastewater treatment plant by the Marathon Detention Facility. Estimated annual amount$10,000.00. Motion was made by Commissioner Carruthers and seconded by Commissioner Coldiron granting approval of the item. Roll call vote carried unanimously, with Commissioner Rice abstaining. 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 ✓sme4 0 6WOWee , —qw 201Pa g e 02 / , fib / 209