06/19/2019 Regular MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, June 19, 2019
Key Largo, Florida
A regular meeting of the Monroe County Board of County Commissioners convened at
9:00 a.m. at the Murray Nelson 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 Rice and seconded by Commissioner Kolhage
granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
B1 Presentation of Mayor's Proclamation proclaiming the week of June 3-7, 2019 as Code
Enforcement Officers'Appreciation Week.
BULK APPROVALS
Motion was made by Commissioner Carruthers and seconded by Commissioner Kolhage
granting approval of the following items by unanimous consent:
C1 Board granted approval to extend and authorized execution of the Employment
Agreement with Mayte Machado for the EMS Billing Specialist from June 21, 2019 through July
24, 2020; with an increase in base pay from $48,000.00 to $52,000.00; and no other changes in
terms and conditions.
C2 Board granted approval and authorized execution of a Mutual Aid Agreement between
Monroe County BOCC and Naval Air Station Key West for the provision of firefighting
assistance.
C4 Board granted approval to withdraw a Site Access Agreement with Florida Department of
Environmental Protection (FDEP); and FDEP Contractor for petroleum contamination
assessment and cleanup at the Plantation Key Courthouse Campus.
C5 Board adopted the following Resolution, of Florida Department of Transportation Local
Agency Program Agreement, for Federal Highway Administration Emergency Relief Program
grant funds in the amount of$12,850.00 for repairs to street lights on the Duck Key Drive shared
use path.
RESOLUTION NO. 156-2019
Said Resolution is incorporated herein by reference.
C6 Board granted approval and authorized execution of the 2nd Renewal and 2nd Amendment
to Agreement with Keys Security, Inc. for security services for Duck Key Security District.
C7 Board granted approval and authorized execution of the l ld'Amendment with Humane
Animal Care Coalition, Inc. for CPI-U adjustment of 1.9% effective July 1, 2019. The CPI-U
annual adjustment was approved in the contract dated April 18, 2007. The item is funded through
ad-valorem taxes and has been budgeted.
C8 Board granted approval and authorized execution of the 41h Amendment to the Contract
for Temporary Ferry Service to Pigeon Key, to extend the expiration date to June 30, 2020, and
increase the annual contract amount by $24,000.00 to a total per year amount of$255,252.00.
The county's local match will increase by $9,700.00 to a total annual amount of$97,200.00.
C9 Board granted approval and authorized execution of the 51h Amendment to the Interlocal
Agreement with the City of Marathon to increase the reimbursement to the County to 7.5% of
the base ferry service (no special events or overhead costs or charges) or up to $19,143.90
(increase of$1,800.00 per year), whichever is less, on an annual term beginning July 1, 2019 for
three consecutive terms.
C10 Board adopted the following Resolution approving the 2nd Amendment to the Joint
Participation Agreement with Florida Department of Transportation to increase the total contract
amount by $37,500.00 (increase of$12,500.00 per year) for a revised, not to exceed, amount of
$912,500.00 to partially fund operation of the Pigeon Key Ferry through October 31, 2021.
RESOLUTION NO. 157-2019
Said Resolution is incorporated herein by reference.
C11 Board granted approval and authorized execution of the 41h Modification to Low Income
Home Energy Assistance Program Subgrant Agreement 417EA-OF-11-54-01-019 between the
Department of Economic Opportunity and Monroe County BOCC/Monroe County Social
Services for the contract period of April 1, 2017 through September 30, 2020; to increase
funding by $452,958.29 which will increase the total contract amount from $461,360.00 to
$914,318.29.
C12 Board granted approval and authorized execution of a 2nd Amendment to the Agreement
Legal Aid Funding with Legal Services of Greater Miami, Inc. to extend the agreement for an
additional five years to provide legal aid services in Monroe County, FL in accordance with
Section 10-26(b)(2), Monroe County Code and F.S. 29.008(3)(a) and 939.185, Florida Statutes.
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C13 Board adopted the following Resolutions concerning the Transfer of Funds and Receipt
of Unanticipated Revenue:
Receipt of Unanticipated Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 158-2019
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 159-2019
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 160-2019
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 161-2019
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 162-2019
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 163-2019
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 164-2019
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 165-2019
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 166-2019
Said Resolution is incorporated herein by reference.
C17 Board accepted the report of monthly Change Orders for the month of May reviewed by
the County Administrator/Assistant County Administrator. Said report is incorporated herein by
reference.
C18 Board granted approval to advertise a Request for Proposals for Flood Mitigation Project
Management Services.
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HURRICANE IRMA RECOVERY
D3 Board granted approval to accept proposal and authorized execution of a Contract with
A-1 Property Services Group, Inc. in the amount of$91,174.14 for a new roof and roof repairs of
the Sheriffs Marathon Substation. Funded by Hurricane Irma fund sources.
D4 Board granted approval to accept proposal and authorized execution of a Contract with
A-1 Property Services Group, Inc. in the amount of$62,255.00 for a new roof and roof repairs at
the Marathon Library. Funded by Hurricane Irma fund sources.
D5 Board granted approval and authorized execution of an Amendment to Agreement
between Monroe County and Your Roofers, LLC for the Marathon Annex and Fleet Carpenter's
Building New Roofs Project that amends and clarifies that the contractor will provide a one year
warranty and the manufacturer will provide a fifteen year warranty.
D6 Board granted approval and authorized execution of a Contract with A-1 Property
Services Group, Inc., for the Key West Lighthouse Museum Roof Repair, which was damaged
by Hurricane Irma, in the amount of$128,932.37.
D7 Board granted approval to ratify the 2nd Amendment to the Contract with Adventure
Environmental, Inc., for removal of marine debris created by Hurricane Irma from canals in
unincorporated Monroe County, City of Marathon and Village of Islamorada; to reduce the
hydraulic removal rates for Big Pine Key; as signed by the County Administrator.
TOURIST DEVELOPMENT COUNCIL
El Board granted approval and authorized execution of an Amendment to extend Agreement
with U.S. Fish and Wildlife Services for the Florida Keys National Wildlife Refuge Nature
Center Restroom/ADA Ramp Project to September 30, 2019.
E2 Board granted approval and authorized execution of an Amendment to extend Agreement
with the City of Marathon for the Oceanfront Park Renovation Project to December 31, 2019.
PLANNING& ENVIRONMENTAL RESOURCES, BUILDING
& CODE COMPLIANCE DEPARTMENTS
I4 Board granted approval and authorized execution of the 2nd Amendment to an Interlocal
Agreement between Monroe County and the City of Marathon transferring 52 low income and 3
very low income (55 total allocations) Affordable Housing ROGO allocations from the County
to the City. The amendment is necessary to reflect the name change of the project developer to
Marathon Key Housing Partners, LP (previously Key Vaca, LLC).
I5 Board adopted the following Resolution ratifying an Interlocal Agreement (ILA)between
Monroe County and City of Marathon transferring 53 Affordable Housing ROGO Allocations (8
Very Low; 8 Low; 33 Median; and 4 Moderate) to the City for the Seaward Properties
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Redevelopment Project. The BOCC approved the ILA on October 18, 2017 with additional
language pertaining to the 380 Agreement between the County, local municipalities, and DEO
regarding unused ROGO allocations in the City of Key West. This ILA is proposed by Seaward
Properties Redevelopment. This is not a low income housing tax credit project. The City of
Marathon approved this Amended ILA with the BOCC's requested changes on May 28, 2019.
RESOLUTION NO. 167-2019
Said Resolution is incorporated herein by reference.
I6 Board adopted the following Resolution ratifying an Interlocal Agreement (ILA)between
Monroe County and City of Marathon transferring 34 low income Affordable House ROGO
Allocations from Monroe County to the City of Marathon. This ILA is proposed by CB Schmitt
Real Estate Company, Inc., Callianasa Corp., Key Vaca LLC, Driftwood LLC, and Twenty-
Third Street LLC, requesting 34 affordable allocations in order to deed restrict 34 units which are
currently market rate units. The ILA was approved by the BOCC on December 14, 2016 (Item
1-15)with an additional condition pertaining to transferring market rate allocations back to the
County.
RESOLUTION NO. 168-2019
Said Resolution is incorporated herein by reference.
I7 Board granted approval and authorized execution of the 2nd Amendment to an Interlocal
Agreement (ILA)between Monroe County and the City of Marathon transferring 46 affordable
housing ROGO allocations from the County to the City. The amendment is necessary to (1)
reflect the name change of the project developer to Crystal Cove Housing Partners, LP
(previously HTG Crystal Cove Resort, LLLP); (2) change the income categories of the
allocations from previously approved 23 low income, 3 very low income, and 20 moderate
income, to 46 low income allocations; and (3) approve the 2nd Amendment to the ILA. The
project has been awarded Low Income Housing Tax Credits by FHFC.
SHERIFF'S OFFICE
K1 Board granted approval of the Request for Expenditure from the Law Enforcement Trust
Fund, as follows:
$5,000.00 The Educational Coalition for Monroe County (ECMC): to support the
ECMC's mission to assist young people suffering serious mental health issues. The organization
has developed many successful programs to target the needs of students in special circumstances
such as poverty, homelessness and education aid.
$500.00 Florida Missing Children's Day 2019: statewide, Law Enforcement sponsored
event. Helping raise statewide awareness in the prevention of child abduction and sexual
exploitation.
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COMMISSIONER'S ITEMS
L1 Board granted approval of Mayor Murphy's appointment of Bob Eadie to the Human
Services Advisory Board, replacing Bob Johnson who resigned, with a term to expire June 2021.
L2 Board granted approval for the Mayor to sign a letter of support to accompany grant
applications being submitted by the Pigeon Key Foundation.
L3 Board granted approval of Commissioner Rice's appointment of Jay Miller to the Duck
Key Security District Advisory Board, replacing Philip Kircher whose term is completed, for full
three year term through June 19, 2022.
L4 Board granted approval of Commissioner Rice's reappointment of Van Waddill to the
Duck Key Security District Advisory Board, with a term through June 19, 2022.
L5 Board granted approval of Commissioner Carruthers' appointment of Valsin (Val)
Marmillion to the Monroe County Climate Change Advisory Committee, replacing Michael
Larson who resigned March, 2019, with a term through October 1, 2019.
COUNTY CLERK
M1 Board granted approval of the minutes from the Regular Meeting of March 21, 2019 and
April 17, 2019.
M2 Board granted approval of Tourist Development Council expenses for the month of May
2019, as follows: Advertising, in the amount of$4,321,912.13; Bricks & Mortar Projects, in the
amount of$255,581.98; Events, in the amount of$104,377.17; Office Supplies & Operating
Costs, in the amount of$19,452.07; Personnel Services, in the amount of$102,292.47; Public
Relations, in the amount of$112,055.94; Sales & Marketing, in the amount of$64,675.33;
Telephone &Utilities, in the amount of$22,555,38; Travel, in the amount of$13,637.01; Visitor
Information Services, in the amount of$104,659.36.
M3 Board granted approval of BOCC Warrants (Including Payroll) for the month of May
2019, 10052971-10054473, 50004998-50005031 (PR), 3110587-3111761 (PR Voucher), 24595-
24699 (WC), as follows: 001 General Fund, in the amount of$3,153,474.69; 101 Fine&
Forfeiture Fund, in the amount of$518,613.97; 102 Road & Bridge Fund, in the amount of
$273,425.57; 115 TDC District Two Penny, in the amount of$549,068.64; 116 TDC Admin &
Promo 2 Cent, in the amount of$1,873,992.60; 117 TDC District 1,3 Cent, in the amount of
$1,372,248.19; 118 TDC District 2,3 Cent, in the amount of$169,230.15; 119 TDC District 3,3
Cent, in the amount of$513,803.34; 120 TDC District 4,3 Cent, in the amount of$271,682.38;
121 TDC District 5,3 Cent, in the amount of$398,285.15; 125 Gov Fund Type Grants, in the
amount of$5,011,478.69; 141 Fire & Amb Dist 1 L&M Keys, in the amount of$851,863.67;
147 Uninc Svc Dist Parks&Rec, in the amount of$213,133.46; 148 Plan, Build, Zoning, in the
amount of 455,472.73; 152 Duck Key Security Dist, in the amount of$6,994.85; 153 Local
Housing Assistance, in the amount of$220,235.00; 157 Boating Improvement Fund, in the
amount of$24,173.91; 158 Misc Special Revenue Fund, in the amount of$93,276.55; 160
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Environmental Restoration, in the amount of$38,849.03; 162 Law Enforcement Trust-600, in
the amount of$1,500.00; 163 Court Facilities, in the amount of$9,802.26; 171 Stock Island
Wastewater, in the amount of$1,451.55; 175 Long Key-Layton MSTU, in the amount of
$103.05; 180 Building Funds, in the amount of$362,863.28; 304 1 Cent Infra Surtax, in the
amount of$173,996.34; 310 Big Coppitt Wastewater, in the amount of$137.41; 311 Duck Key
Wastewater, in the amount of$103.05; 312 Cudjoe Regional WW Proj, in the amount of
$6,091.63; 314 Series 2014 Revenue Bonds, in the amount of$408,194.63; 316 Land
Acquisition, in the amount of$186,395.50; 401 Card Sound Bridge, in the amount of
$70,207.47; 403 Marathon Airport, in the amount of$91,641.31; 404 Key West Intl Airport, in
the amount of$720,779.47; 406 PFC & Operating Restrictions, in the amount of$1,165,347.60;
414 MSD Solid Waste, in the amount of$1,665,431.88; 501 Worker's Compensation, in the
amount of$102,070.02; 502 Group Insurance Fund, in the amount of$2,970,488.47; 503 Risk
Management Fund, in the amount of$1,242,563.00; 504 Fleet Management Fund, in the amount
of$200,677.30; 610 Fire/EMS LOSAP Trust Fund, in the amount of$6,225.00.
M4 Board granted approval of FKAA invoices for the Fiscal Year(to include salaries),
relating to the Cudjoe Regional Wastewater System Project. The invoices under $50,000.00 are
being provided for information only. Said invoices are incorporated herein by reference.
M5 Board granted approval to remove surplus equipment from inventory via disposal or
advertise for bid. Said inventory is incorporated herein by reference.
M6 Board granted approval of the formal communication from the County's independent
auditor Cherry Bekaert, regarding their audit responsibilities and the timing for the County's
Fiscal Year 2019 Financial Statements.
M7 Board granted approval to advertise a Request for Proposals for Private Legal Counsel
for the Monroe County Value Adjustment Board.
COUNTY ADMINISTRATOR
N2 Board granted approval and authorized execution of a no-cost time extension under the
41h Amendment to the Contract with Michael Baker International, Inc. for professional mobile
LiDAR elevation, surveying and mapping services for County roads and facilities, to extend the
term of services retroactive from March 1, 2019 to June 30, 2019.
N3 Board granted approval to rescind the 3rd Amendment,previously approved at the May
22, 2019 meeting as agenda item 0-9; and granted approval and authorized execution of the
revised 3rd Amendment to a Contract with WSP USA, Inc. in an amount not to exceed $5,000.00
to provide additional time and professional consulting services to assist the County with
technical review of the survey data provided by the LiDAR vendor; retroactive to April 1, 2019
and extending through June 30, 2019.
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COUNTY ATTORNEY
02 Board granted approval and authorized execution of a Settlement Agreement in the
matter of Halley Engineering Contractors, Inc. v. Monroe County, Case No. 18-CA-768-P.
04 Board granted approval and authorized execution of a Contract with Patricia M. Kersey
to purchase a less than fee interest in Lot 1, Whispering Pines (PB 4-37)with parcel number
00285530-000000 and a purchase price of$30,953.00 for density reduction purposes.
05 Board granted approval and authorized execution of a Contract with Tobago Lane, LLC
to purchase a less than fee interest in Block 10, Lot 16, Breezeswept Beach Estates (PB 4-143)
with parcel number 00204040-000000 and a purchase price of$99,999.00 for density reduction
purposes.
07 Board granted approval and authorized execution of a Contract with Michael J. &
Stephanie D. Welsh to purchase a less than fee interest in Lot 2, Amended Plat of Dolphin
Harbour (PB 6-116)with parcel number 00319492-000300 and a purchase price of$31,724.00
for density reduction purposes.
PLANNING& ENVIRONMENTAL RESOURCES, BUILDING
& CODE COMPLIANCE DEPARTMENTS
T4 Board granted approval and authorized execution of the 101'Amendment to the
Agreement between Monroe County and Pumpout USA, Inc. for Keys-Wide Mobile Vessel
Pumpout Service in the amount of$1,021,719.88 ($750,000.00 from State of Florida legislative
appropriation and $271,719.88 from Boating Improvement Funds), contingent upon receipt of
legislative grant funding for the term July 1, 2019 through June 30, 2020.
SUSTAINABILITY
T5 Board granted approval to rescind the I"Amendment, submitted as item U3 on the May
BOCC agenda; and granted approval and authorized execution of the revised I"Amendment to
the revenue Grant Agreement SDO05 from the Florida Department of Environmental Protection
(FDEP) for $100,000.00 to allow other plugged and non-plugged canals to be cleared in
unincorporated Monroe, and to allow clearing of plugged canals in municipalities.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVAL
C3 Kevin Wilson and Christine Hurley, Assistant County Administrators; and Bob
Shillinger, County Attorney addressed the Board concerning approval for use of suitable County
owned parcels in the Sands Subdivision of Big Pine Key for stormwater drainage infrastructure
for the Sea Level Rise Pilot Project; and approval for Planning staff to draft a Land Development
Code text amendment. The following individual addressed the Board: Dotti Moses. After
discussion, motion was made by Commissioner Carruthers and seconded by Commissioner
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Coldiron granting approval for use of parcel numbers 00302870-000000, 00302880-000000 and
00304870-000000 for stormwater drainage infrastructure for the Sea Level Rise Pilot Project
contingent upon Land Development Code amendments or Comprehensive Plan amendments
needed to be able to use those sites for stormwater infrastructure. Roll call vote carried
unanimously.
COUNTY ATTORNEY
08 Motion was made by Commissioner Carruthers and seconded by Commissioner Rice
granting approval and authorizing execution of a Contract with the Estate of Frank J. & Inez
Bennett for purchase of lots described as Block 24, Lots 1 and 2, Sands (PB 1-65)with parcel
numbers 00302870-000000 and 00302880-000000 for density reduction purposes and a pump
station site for$40,000.00. Motion carried unanimously.
09 Motion was made by Commissioner Carruthers and seconded by Commissioner Kolhage
granting approval and authorizing execution of a Contract with Harold M., Catherine M. &
Steven E. Smith for purchase of a lot with a ROGO exemption described as Block 35, Lot 9,
Sands (PB 1-65)with parcel number 00304870-000000 for density reduction purposes and as a
back-up pump station site for $105,000.00; and/or for affordable housing. Motion carried
unanimously.
The Board of County Commissioners meeting adjourned for the Board of Governors, Fire
& Ambulance District 1, meeting.
FIRE & AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
The Board of Governors for the Fire & Ambulance District 1 convened. Present and
answering to roll call were Commissioner Kolhage, Commissioner Rice, Mayor Murphy, Vice
Mayor Lewis and Mayor Halle.
H1 Motion was made by Mayor Murphy and seconded by Commissioner Kolhage granting
approval to extend and authorized execution of the Employment Agreement for the EMS Billing
Specialist from June 21, 2019 through July 24, 2020 with an increase in base pay from
$48,000.00 to $52,000.00 and no other changes in terms and conditions. Roll call vote carried
unanimously.
The Board of Governors, Fire & Ambulance District 1, adjourned. The Board of County
Commissioners meeting reconvened with all commissioners present.
EMPLOYEE SERVICES
R1 Bryan Cook, Director Employee Services introduced Queenell Fox and Lee Bouchelle
from Evergreen Solutions, LLC. Ms. Fox and Mr. Bouchelle made a Power Point Presentation
on results of the Pay and Classification Study conducted in 2018-19. Tina Boan, Sr. Director
Budget & Finance; Roman Gastesi, County Administrator; Ms. Hurley, Sheriff Rick Ramsay,
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Danise Henriquez, Monroe County Tax Collector; Scott Russell, Monroe County Property
Appraiser; and Kevin Madok, Clerk of Court, addressed the Board. After discussion, motion
was made by Commissioner Kolhage and seconded by Mayor Murphy directing the County
Administrator to include the cost of living increase for all County employees according to the
most recent published cost of living index for our area and not include any funding for the
implementation of the recommendations of the Evergreen Compensation Study. Roll call vote
was taken with the following results:
Commissioner Carruthers No
Commissioner Coldiron No
Commissioner Kolhage Yes
Commissioner Rice No
Mayor Murphy Yes
Motion failed.
SOUNDING BOARD
Q1 Jim James Sutcliffe, representing the Baitters Lane Canal Stewards Group, gave a Power
Point Presentation regarding a plan for a committed private/public partnership for improved
water quality in Canal 4266 between Bailey's Lane and Witters Lane, Big Pine Key. The
following individual addressed the Board: Larry LeJeune. Rhonda Haag, Director of
Sustainability and Projects, addressed the Board. The Board took no official action.
MISCELLANEOUS BULK APPROVALS
Commissioner Rice announced that, due to a voting conflict, he would abstain from
voting on the following three items (C14, C15 & C16):
C14 Approval of a Resolution authorizing submission of a grant application, for $100,000.00
with a 25% match requirement of$33,333.00; and approval to authorize the Mayor to execute
acceptance of award and related documents. The "Men's Jail In-House Drug Abuse Treatment
Program" application will be submitted to the Florida Department of Law Enforcement for
funding under the Residential Substance Abuse Treatment Program, a Federal Grant program for
substance abuse treatment programs in local correctional and detention facilities.
RESOLUTION NO. 169-2019
Said Resolution is incorporated herein by reference.
C15 Approval of an Agreement with Guidance/Care Center for the "Assisted Living Prevents
Recidivism" (Heron)Program, in the amount of$28,587.00, for January 1, 2019 through June
30, 2019 (FY2018-2019) as recommended by the Substance Abuse Policy Advisory Board for
funding from FDLE, Edward Byrne Memorial Justice Assistance Grant Program.
C16 Approval of an Agreement with Guidance/Care Center for the "Women's Jail
Incarceration Drug Abuse Treatment Program", in the amount of$43,380.00, for January 1, 2019
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through September 30, 2019 (FY2018-2019) as recommended by the Substance Abuse Policy
Advisory Board for funding from FDLE, Edward Byrne Memorial Justice Assistance Grant
Program.
Motion was made by Commissioner Carruthers and seconded by Commissioner Coldiron
granting approval of Items C14, C15 and C16. Roll call vote carried unanimously, with
Commissioner Rice abstaining.
PROJECT MANAGEMENT
T3 Commissioner Kolhage announced that, due to a conflict, he would abstain from voting
on approval of a Contract with Florida Keys Electric, Inc. for $96,275.00 to purchase and install
317 LED replacement lights and fixtures in the Key West and Key Largo libraries. We are now
asking to approve an additional $18,275.00 of Facilities funds to meet the contract offer. Motion
was made by Commissioner Coldiron and seconded by Commissioner Carruthers granting
approval of the item. Roll call vote carried unanimously, with Commissioner Kolhage
abstaining.
CLOSED SESSIONS
J2 Mr. Shillinger announced an Attorney-Client Closed Session in the matter of BOCC v.
Michael Yawl, Case No. 18-CA-831-P and read the required language into the record pursuant to
F.S. 286-011(8). Mr. Shillinger advised that the following persons would be present at the
meeting: the County Commissioners, County Administrator Roman Gastesi; County Attorney
Bob Shillinger, Assistant County Attorney Steve Williams; and a certified court reporter.
Mayor Murphy declared the open session of the meeting closed. After the closed session,
the meeting was re-opened.
J3 Mr. Shillinger announced an Attorney-Client Closed Session in the matter of BOCC v.
Kenneth Allen Newsom, Case No. 17-CA-37-K and read the required language into the record
pursuant to F.S. 286-011(8). Mr. Shillinger advised that the following persons would be present
at the meeting: the County Commissioners, County Administrator Roman Gastesi; County
Attorney Bob Shillinger, Assistant County Attorney Steve Williams; and a certified court
reporter.
Mayor Murphy declared the open session of the meeting closed. After the closed session,the
meeting was re-opened.
PLANNING& ENVIRONMENTAL RESOURCES, BUILDING
& CODE COMPLIANCE DEPARTMENTS
Il Rich Jones, Sr. Administrator, Marine Resources, addressed the Board regarding
permitting options for a potential mooring field in Boca Chica Basin, including discussion of
options to identify a suitable shore-side facility and consideration of beginning permit
preparation and submittal. Danielle Irwin, representing Coastal Systems International, gave a
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Power Point Presentation. After discussion, motion was made by Commissioner Kolhage and
seconded by Commissioner Carruthers directing staff to move ahead with the conceptual permit;
and to move ahead with the solicitation to the property owner's on the east side of Stock Island
for the objective of trying to pin down a shoreside facility. Motion carried unanimously.
HURRICANE IRMA RECOVERY
D2 Ms. Haag addressed the Board concerning the recommendations from the sea level rise
vulnerability assessment of the County's Harry Harris Park conducted by Wood under grant
agreement CM919 with the Florida Department of Environmental Protection. Greg Corning,
representing Wood, gave a Power Point Presentation. The Board took no official action.
PLANNING& ENVIRONMENTAL RESOURCES, BUILDING
& CODE COMPLIANCE DEPARTMENTS
12 Ms. Hurley addressed the Board the Board regarding an update on the Community Rating
System (CRS) application moving the County from a Class 5 designation to a Class 4 which will
yield a 30% discount for National Flood Insurance Policy (NFIP)holders (estimated savings
would go from $5.1 million annually or an average of$350.00/year to $6.1 million annually or
an average of$410.00/year on their flood insurance beginning after their renewal date, following
October, 2019 2020). Lori Lehr, consultant to Monroe County, gave a Power Point Presentation.
The Board took no official action.
I3 Erin Deady, P.A. gave a Power Point Presentation regarding approval of a Resolution to
incorporate a Sea Level Rise/Stormwater Master Plan into the GreenKeys! Sustainability Action
and Resilience Plan, as part of the GreenKeys 5-Year Work Plan; and to adopt the Sea Level
Rise/Stormwater Master Plan to meet one of three prerequisite requirements to achieve a
Community Rating System Class 4 Rating,which may provide a 30% flood insurance discount
to Monroe County property owners. Mr. Wilson addressed the Board. After discussion, motion
was made by Commissioner Carruthers and seconded by Commissioner Rice to adopt the
following Resolution. Motion carried unanimously.
RESOLUTION NO. 170-2019
Said Resolution is incorporated herein by reference.
MISCELLANEOUS BULK APPROVALS
Commissioner Rice excused himself from the meeting.
C19 Motion was made by Commissioner Kolhage and seconded by Mayor Murphy granting
approval to cancel the 41'Amendment to the Construction Manager at Risk Agreement with
Biltmore Construction Co. which increased the Guaranteed Maximum Price by $1,436,981.00
for the Plantation Key Judicial Courthouse and Detention Facility. Motion carried unanimously,
with Commissioner Rice not present.
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PROJECT MANAGEMENT
Motion was made by Commissioner Kolhage and seconded by Commissioner Carruthers
granting approval and authorizing execution of the following two items (T1 & T2):
T1 Board granted approval and authorized execution of the 71'Amendment to the Agreement
for Professional Services with Currie Sowards Aguila Architects, Inc. (CSA) for the design
through construction administration of the Plantation Key Judicial Courthouse and Detention
Facility to increase contract amount by $754,516.00 for a new total not to exceed amount
including all prior amendments of$2,090,014.00. Approval of this Amendment is contingent
upon approval of the cancellation of Biltmore Construction's Amendment No. 4 (Item C19, June
19, 2019 agenda).
T2 Board granted approval and authorized execution of the 51'Amendment to the
Construction Manager at Risk Agreement with Biltmore Construction Co. Inc. (Biltmore), to
increase the Guaranteed Maximum Price (GMP)by $202,086.00 for the Plantation Key Judicial
Courthouse and Detention Facility for a total GMP of$33,020,527.14. The project will be co-
funded by the 2014 Revenue Bond and the one cent infrastructure sales tax. Approval of this
Amendment is conditional upon approval of cancellation of Biltmore's Amendment No. 4 (Item
C 19, June 19, 2019).
Motion carried unanimously, with Commissioner Rice not present.
PUBLIC HEARINGS
Commissioner Rice returned to the meeting and took his seat.
P1 A Public Hearing was held to consider approval of an Ordinance amending the rules of
operation for Rowell's Waterfront Park and codifying them into the Monroe County Code. There
was no public input. Motion was made by Commissioner Kolhage and seconded by
Commissioner Rice to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 017-2019
Said Ordinance is incorporated herein by reference.
P2 A Public Hearing was held to consider rescission of an Initial Assessment Resolution No.
121-2019 for Monroe County, Florida that was approved at the May 22, 2019 meeting to collect
special assessments within the Monroe County Canals Municipal Services Benefit Unit to pay
for ongoing operation and maintenance costs for existing canal water quality restoration projects
on Canal 266 on Big Pine Key. There was no public input. Cynthia Hall, Assistant County
Attorney, and Ms. Haag addressed the Board. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Coldiron granting approval of the item with
the amended(approval) date of April 17, 2019. Roll call vote carried unanimously.
P3 A Public Hearing was held to consider adoption of an Ordinance by the Monroe County
Board of County Commissioners amending Policy 101.3.3 of the Monroe County Year 2030
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Comprehensive Plan to allow for the award of ROGO allocations to Tier I and III-A for the
redevelopment of lawfully existing ROGO exempt dwelling units with a replacement affordable
dwelling unit. There was no public input. Cheryl Cioffari, Acting Senior Director of Planning &
Environmental Resources addressed the Board. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Coldiron to adopt the following Ordinance.
Motion carried unanimously.
ORDINANCE NO. 018-2019
Said Ordinance is incorporated herein by reference.
P4 A Public Hearing was held to consider adoption of an Ordinance by the Monroe County
Board of County Commissioners amending the Monroe County Land Development Code
Sections 138-24 and 139-1(a)(6)c. to allow for the award of affordable ROGO allocations to Tier
I, Tier II, Tier III and III-A for the redevelopment of lawfully existing ROGO exempt dwelling
units with a replacement affordable dwelling unit. There was no public input. Motion was made
by Commissioner Rice and seconded by Commissioner Coldiron to adopt the following
Ordinance. Motion carried unanimously.
ORDINANCE NO. 019-2019
Said Ordinance is incorporated herein by reference.
P5 A Public Hearing was held to consider adoption of an Ordinance by the Monroe County
Board of County Commissioners amending the Monroe County Future Land Use Map from
Mixed Use/Commercial (MC), Recreation (R) and Conservation (C) to Commercial (COMM),
for a portion of property located at 100 Anchor Drive, Key Largo, Ocean Reef Club; as proposed
by Ocean Reef Club Inc. There was no public input. Motion was made by Commissioner Rice
and seconded by Commissioner Coldiron to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 020-2019
Said Ordinance is incorporated herein by reference.
P6 A Public Hearing was held to consider adoption of an Ordinance by the Monroe County
Board of County Commissioners amending the Monroe County Land Use District(Zoning) Map
from Native Area(NA)Parks and Refuge (PR) and Suburban Commercial (SC) to Commercial 1
(C1), for property located at 100 Anchor Drive, Key Largo, as proposed by Ocean Reef Club Inc.
There was no public input. Motion was made by Commissioner Coldiron and seconded by
Commissioner Carruthers to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 021-2019
Said Ordinance is incorporated herein by reference.
P7 A Public Hearing was held to consider adoption of an Ordinance amending Policy
101.3.7 of the 2030 Monroe County Comprehensive Plan regarding temporary emergency
housing for temporary occupancy by residents displaced by a natural disaster to allow for the
Board of County Commissioners to approve by Resolution an extension of the duration of
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temporary emergency housing after a natural disaster and the placement of temporary emergency
housing at mobile home and RV parks. There was no public input. Motion was made by
Commissioner Rice and seconded by Commissioner Coldiron to adopt the following Ordinance.
Motion carried unanimously.
ORDINANCE NO. 022-2019
Said Ordinance is incorporated herein by reference.
P8 A Public Hearing was held to consider adoption of an Ordinance amending Monroe
County Land Development Code Section 130-1 regarding temporary emergency housing for
temporary occupancy by residents displaced by a natural disaster to allow for the BOCC to
approve by Resolution an extension of the duration of temporary emergency housing after a
natural disaster and the placement of temporary emergency housing at mobile home and RV
parks. There was no public input. Motion was made by Commissioner Coldiron and seconded
by Commissioner Kolhage to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 023-2019
Said Ordinance is incorporated herein by reference.
HURRICANE IRMA RECOVERY
D1 Ms. Boan gave a report of Hurricane Irma finance activity by the Office of Management
and Budget. The Board took no official action.
PUBLIC HEARING
P9 A Public Hearing was held to consider adoption of a Resolution renouncing and
disclaiming any right of the County and public in and to that portion of the right-of-way of
Garden State Lane, as shown on the plat of Cross Key Waterway Estates Section Three, Plat
Book 6, Page 61, bounded on the north and west by block 8 lots 17 and 18; bounded on the east
by block 8 lots 15 and 16; and bounded on the south by Garden State Lane; section 14, township
61, range 39, Key Largo, Monroe County, Florida. There was no public input. Ms. Cioffari and
Mr. Shillinger addressed the Board. After discussion, motion was made by Commissioner
Coldiron and seconded by Mayor Murphy to adopt the following Resolution. Roll call vote was
taken with the following results:
Commissioner Carruthers Yes
Commissioner Coldiron Yes
Commissioner Kolhage No
Commissioner Rice Yes
Mayor Murphy Yes
Motion carried.
RESOLUTION NO. 171-2019
Said Resolution is incorporated herein by reference.
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STAFF REPORT
F Ms. Hurley gave a staff report.
COUNTY ADMINISTRATOR
NI Mr. Gastesi referred the Board to the County Administrator's Report for June 2019. Said
report is incorporated herein by reference.
COUNTY ATTORNEY
Ol Mr. Shillinger referred the Board to the County Attorney's Report for June 2019. Said
report is incorporated herein by reference.
Mr. Shillinger requested to hold an Attorney-Client Closed Session in the matter of Monroe
County v. Sugarloaf Volunteer Fire Department, Inc. and Sugarloaf Wifi, Inc., assignee of Keys Wifi,
Inc., Case No. CAK-17-631, and read the required language into the record. Motion was made by
Commissioner Rice and seconded by Commissioner Kolhage to hold the Closed Session at the July
17, 2019 BOCC meeting in Marathon, FL at 1:30 p.m. or as soon thereafter as may be heard. Motion
carried unanimously.
HURRICANE IRMA RECOVERY
Mr. Madok, Ms. Boan and Mr. Gastesi addressed the Board concerning the Line of Credit.
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
1
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