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11/20/2019 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, November 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 David Rice and Mayor Sylvia Murphy. Commissioner Danny Kolhage was absent from the meeting. 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. PRESENTATION TO MAYOR MURPHY COMMISSIONER'S COMMENTS A/B Board made a presentation to Mayor Murphy. COMMISSION ORGANIZATION C1 Motion was made by Mayor Murphy and seconded by Commissioner Carruthers to nominate Commissioner Coldiron as Mayor Pro Tem. Motion carried unanimously. Motion was then made by Mayor Murphy and seconded by Commissioner Coldiron to nominate Commissioner Carruthers as Mayor. Motion carried unanimously. Board adopted the following Resolution electing the Mayor and Mayor Pro Tem for the Board of County Commissioners. RESOLUTION NO. 380-2019 Said Resolution is incorporated herein by reference. C2 Motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following Resolution authorizing the Mayor and Clerk of the Board to sign all warrants, legal documents and any other necessary papers and documents; and stating that the presently authorized signatures validating County checks are hereby continued for sixty days from this date in order to meet payroll and necessary obligations. Motion carried unanimously. RESOLUTION NO. 381-2019 Said Resolution is incorporated herein by reference. C3 Bob Shillinger, County Attorney, addressed the Board concerning approval of the Board of County Commissioner's monthly meeting dates for 2020. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Coldiron granting approval of staff s I I P a g e a u / 20 /209 recommended meeting dates highlighted in yellow. Motion carried unanimously. Said meeting dates are attached hereto. ADDITIONS, CORRECTIONS & DELETIONS D1 Motion was made by Commissioner Coldiron and seconded by Commissioner Rice granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS El Presentation of Mayor's Proclamation recognizing December 21, 2019 as National Homeless Persons'Memorial Day. E2 Presentation of Mayor's Proclamation recognizing National Hunger and Homelessness Awareness Week, November 16 - 24, 2019. E3 Presentation of"Employee of the 2nd Quarter" to Jethon Williams, TV/Multimedia Manager, Information Technology. E4 Recognition of Edward Burr for his many years of exemplary service as an in-house AT&T System Technician for Monroe County. BULK APPROVALS Motion was made by Commissioner Coldiron and seconded by Commissioner Rice granting approval of the following items by unanimous consent: F1 Board granted approval to exercise the first of two one year options to renew and authorized execution of a Contract with Bound Tree Medical LLC, effective December 1, 2019 through November 30, 2020. F2 Board adopted the following Resolution authorizing the write-off of 784 Fire Rescue Ground Ambulance Accounts Receivable for Calendar Year 2015, totaling $445,866.35, from Fire and Ambulance District 1 L& M Fund (141). In Calendar Year 2015 $634,114.64 was collected and deposited into accounts receivable. RESOLUTION NO. 382-2019 Said Resolution is incorporated herein by reference. F3 Board adopted the following Resolution authorizing the write-off of 79 Fire Rescue Air Ambulance Accounts Receivable for Calendar Year 2015, totaling $804,751.82, from Fine and Forfeiture Fund(101). In Calendar Year 2015 $2,506,363.01 was collected and deposited into accounts receivable. 21 P a g e a u / 20 /209 RESOLUTION NO. 383-2019 Said Resolution is incorporated herein by reference. F4 Board granted approval of award of bid and authorized execution of a Contract with Maverick United Elevator, LLC for complete Elevator and Lift Service, Maintenance and Repairs for an annual amount not to exceed $175,000.00. Funding is ad valorem. F5 Board granted approval to purchase six Life Pak 15's from sole source provider Physio Control at a cost of$26,757.79 each; for a total cost of$53,515.57 each year for three years (Fiscal Years 2020, 2021 and 2022);per attached Sales Agreement. Said sales agreement is incorporated herein by reference. F6 Board adopted the following Resolution authorizing the write-off of 163 accounts receivable covering the time period of 2014 through August 2019, totaling $1,826,378.80, for Monroe County residents who qualified for the Trauma Star Air Ambulance Waiver Program. From January 1, 2014 through August 31, 2019, the amount of$28,225,039.08 was collected and deposited into accounts receivable for Trauma Star Services. RESOLUTION NO. 384-2019 Said Resolution is incorporated herein by reference. F8 Board granted approval and authorized execution of the 3rd Amendment to Agreement with Barnes Alarm Systems, Inc. for Fire and Panic Alarm Maintenance, Monitoring and Inspection Services. This amendment increases the contract amount by a CPI-U adjustment of 1.9%; renews the term for an additional year; and adds certain required FEMA provisions. This contract is paid from Funds 001, 101 and 147. F9 Board granted approval and authorized execution of the 5th Amendment to Agreement with Beach Raker, LLC for professional beach cleaning at Higgs Beach Key West; for extension of the current term on month-to-month basis; not to exceed six months; pending the award of a new contract under the Request for Proposals. TDC is the funding source. F10 Board granted approval to advertise a Request for Proposals to repair/replace the scales at the three Monroe County Solid Waste Transfer Stations. Fl1 Board granted approval and authorized execution of the 8th 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. This 8th Amendment is in the amount of$12,000.00 and is for updated civil design and construction drawings which need to be revised due to an error in the elevations shown on the survey. F12 Board granted approval and authorized execution of the 1st Amendment to Task Order with Baxter& Woodman, Inc. for Engineering Design and Permitting Services and Support during construction for the Koehn and Big Pine Shores subdivisions Roadway and Drainage Improvement Project(Big Pine Key). This amendment adds an exhibit that correctly reflects the 3 1 P a g e a k/ 20 209 On Call Contract rates and allows unused balances to be transferred to other tasks as required, but has no financial impact on the total contract amount. F13 Board granted approval and authorized execution of the 2nd Amendment to Agreement with EAC Consulting, Inc. for additional survey work due to the utilization of the City of Key West - Dennis Street Pump Station for the 1st Street/Bertha Street Roadway Improvement Project in the lump sum amount of$3,451.55. This amount is being deducted from the Stormwater Pump Station Design Optional Services Task; and, therefore there is no change to the total contract amount of$471,621.16. F15 Board granted approval and authorized execution of a Contract for $32,500.00 with McMow Art Glass, Inc. for public art at the new Cudjoe Key Fire Station 411 recommended by the Art in Public Places Committee and the Florida Keys Council of the Arts. F16 Board granted approval and authorized execution of an Agreement with the State of Florida, Department of Environmental Protection, Division of Waste Management, for the Small County Consolidated Solid Waste Grant, 4SCO24, for Fiscal Year 2019-2020, in the amount of $90,909.00. F17 Board granted approval to accept a Pre-Disaster Mitigation Grant from FEMA through the Florida Division of Emergency Management, to complete required revision of the Monroe County Local Mitigation Strategy. The total federal award is up to $289,800.00; a 25%non- federal match is required. F18 Board granted approval and authorized execution of a Contract with Wood Environment and Infrastructure Solutions, Inc., in the amount of$64,750.00, in response to a Request for Proposals for Consulting Services to complete the five year revision of the Monroe County Local Mitigation Strategy; and granted the authority to negotiate and enter into Contracts with the 42 or 43 vendors if necessary; and also granted authority for the County Administrator to execute any additional necessary documentation. Monroe County has been awarded a FEMA Mitigation Grant to reimburse up to 75% of this cost. F19 Board granted approval to advertise a Request for Proposals for a Benefits Administration System to include electronic management of eligibility, enrollment, data file feeds to carriers, compliance, reporting and other related processes. F20 Board adopted the following Resolution confirming the naming of Long Beach Drive on Big Pine Key, a portion of which is in the subdivision of Long Beach Estates Plat Book 5, Page 38, and additional portions of which are in an unrecorded plat of Long Beach Estates, and directing staff to erect signage to reflect the correct name of the road as Long Beach Drive. RESOLUTION NO. 385-2019 Said Resolution is incorporated herein by reference. F22 Board granted approval for the Key West, Marathon and Key Largo Branch Libraries to close at 6:00 p.m. on Wednesday, November 27, 2019. 41 P a g e a u / 20 /209 F23 Board accepted the report of monthly Change Orders for the month of October 2019 reviewed by the County Administrator/Assistant Administrator. Said report is incorporated herein by reference. F24 Board granted approval to rescind the Landscape Maintenance and Installation Agreement with the City of Key West for the installation and maintenance of five Royal Poinciana trees in various locations on the Flagler Avenue median as the trees were not installed. The agreement was approved at the August 21, 2019 meeting under agenda item C37. F25 Board granted approval and authorized execution of McFarland Johnson Task Order No. 2019-06 in the amount of$165,150.00 for Phase 2 design of the New Fuel Farm Access Road and Impacted Parking at the Key West International Airport; to be paid 100% from PFC Fund 406 (PFC Application 417). F26 Board granted approval and authorized execution of Jacobs Project Management Co., PSO 12/15-61, in the amount of$52,648.00, for Construction Support and Resident Project Representative Services for the Runway 9 EMAS Seam Seal Tape Upgrade Project at the Key West International Airport. The project will be funded 90%by FAA; and 10% Airport Operating Fund 404. F27 Board granted approval and authorized execution of a Contract with CRB Geological & Environmental Services, Inc. for On-Call Air Quality Testing and Reporting Services. This is a standby services contract that will only be activated during hurricanes or other disaster events. F28 Board granted approval and authorized execution of a Contract with Inspect Key West, Inc. for On-Call Air Quality Testing and Reporting Services. This is a standby services contract that will only be activated during hurricanes or other disaster events. F29 Board adopted the following Resolutions for the Transfer of Funds and for the Receipt of Unanticipated Revenue: Receipt of Unanticipated Funds (OMB Schedule Item No. 1). RESOLUTION NO. 386-2019 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 387-2019 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 3). RESOLUTION NO. 388-2019 Said Resolution is incorporated herein by reference. 5 1 P a g e a k/ 20 209 Transfer of Funds (OMB Schedule Item No. 4). RESOLUTION NO. 389-2019 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO. 390-2019 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 391-2019 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 7). RESOLUTION NO. 392-2019 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 8). RESOLUTION NO. 393-2019 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 9). RESOLUTION NO. 394-2019 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 395-2019 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 396-2019 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 397-2019 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 398-2019 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 399-2019 Said Resolution is incorporated herein by reference. 6 Pa g e V Vi20 / 20 9 Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 400-2019 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). RESOLUTION NO. 401-2019 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 402-2019 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 403-2019 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 19). RESOLUTION NO. 404-2019 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 405-2019 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 406-2019 Said Resolution is incorporated herein by reference. HURRICANE IRMA RECOVERY G2 Board granted approval and authorized execution of the 4th Amendment to Agreement with Rising Phoenix Holdings Corporation (formerly Adjusters International, Inc.) to add an additional $7,610.00 in actual cost for Hazard Mitigation Grant Program (HMGP) Services through July 2019, bringing the total not to exceed amount to $73,722.50 for HMGP Services. This will be the final amendment to the Agreement to allow for payment of HMGP Services rendered. G3 Board granted approval and authorized execution of a Task Order with Cardno, Inc. for Engineering Design and Permitting Services for the Hurricane Irma Boca Chica Road Restoration Project. This task order is being awarded in accordance with the Continuing Contract for On Call Professional Engineering Services in the maximum, not to exceed, amount of$69,365.00. G4 Board adopted the following Resolution authorizing the placement of temporary emergency housing for emergency relief workers for three years on property located at 157 71 P a g e a u / 20 /209 Toppino Industrial Drive, Rockland Key with Parcel ID 00121980-000500, as requested by Charley Toppino & Sons, Inc. RESOLUTION NO. 407-2019 Said Resolution is incorporated herein by reference. G5 Board adopted the following Resolution to extend the reservation of one Affordable Housing Allocation (moderate income category) for a proposed "Tiny Home"/Code Compliant small modular unit for affordable housing at the corner of Emerald Drive, Tamarind Drive and US 1, Tract "A", Porpoise Point Section 6, Big Coppitt Key (approximate mile marker 10.5), having property identification number 00156610-000000, until December 31, 2020. RESOLUTION NO. 408-2019 Said Resolution is incorporated herein by reference. G6 Board adopted the following Resolution to extend the reservation of one Affordable Housing Allocation (moderate income category) for a proposed "Tiny Home"/Code Compliant small modular unit for affordable housing at the corner of 1 st Avenue and Drost Drive, Lot 2, Block 23, Cudjoe Gardens Eighth Addition, Cudjoe Key (approximate mile marker 21), having property identification number 00174635-004500, until December 31, 2020. RESOLUTION NO. 409-2019 Said Resolution is incorporated herein by reference. G15 Board granted approval and authorized execution of the 1st Amendment to Task Order with CDR Maguire, Inc. for FEMA Program Consulting Services relating to Hurricane Irma, revising the task order to include language that clarifies the not to exceed budget estimates. G16 Board granted approval for the Mayor to sign the Memorandum of Understanding between Monroe County Board of County Commissioners and American Alternative Insurance Corporation, accepting $395,557.74 as full and final payment for repair of forty-two emergency vehicles damaged as a result of Hurricane Irma, under the County's VFIS policy. TOURIST DEVELOPMENT COUNCIL H1 Board granted approval and authorized execution of an Amendment to Extend Agreement with the Miami-Dade Historical Maritime Museum, Inc. for the USGCG Ingham Repair and Restoration of Hull Project to December 31, 2020. H2 Board granted approval and authorized execution of an Amendment to Extend Agreement with Dolphin Research Center, Inc. (DRC) for the DRC Welcome Center Generator project to March 31, 2020. H4 Board granted approval and authorized execution of an Amendment to Agreement with Tinsley Advertising and Marketing, Inc. to revise the Key Personnel listed within the Agreement. 8 1 P a g e a k/ 20 209 H5 Board granted approval of Commissioner Kolhage's recommended appointment of Steve Estes to the "At Large" appointment to the Tourist Development Council District H Advisory Committee. PLANNING& ENVIRONMENTAL RESOURCES, BUILDING & CODE COMPLIANCE DEPARTMENTS M2 Board adopted the following Resolution of the Monroe County Board of County Commissioners establishing the monetary value of$34,123.91 per point, for payment to the County's Land Acquisition Fund for an applicant to voluntarily choose to participate and receive additional points (maximum of two for $68,248.00)within the Rate of Growth Ordinance/Non- Residential Rate of Growth Ordinance (ROGO/NROGO) allocation systems. RESOLUTION NO. 410-2019 Said Resolution is incorporated herein by reference. M3 Board adopted the following Resolution to move eleven Market Rate ROGO Exemptions from County owned property described as Lots 12, 13, 14, and 15, Block 31, McDonald's Plat, Stock Island,property identification number 00124460-000000, into the ROGO Administrative Relief Pool for Market Rate Allocations. RESOLUTION NO. 411-2019 Said Resolution is incorporated herein by reference. M4 Board granted approval to appoint Mr. Brent Robinson (lay person) to one three year term to the Contractors Examining Board beginning November 20, 2019 and ending November 20, 2022. This will be the first term for Mr. Robinson as lay person. SHERIFF'S OFFICE N1 Board granted approval of the reappointment of Sue Harrison and Debby Goodman to the Shared Asset Forfeiture Fund Advisory Board. Effective December 10, 2019 through December 9, 2021. COUNTY CLERK P1 Board ratified the approval of the July 17, 2019 and July 22, 2019 minutes that were approved by the Board at the September 18, 2019 meeting (Item N3). Said minutes are incorporated herein by reference. P2 Board granted approval of the minutes from the budget public hearing and special meeting of September 5, 2019; the budget meeting of September 10, 2019; the final budget and regular meeting of September 18, 2019; and the special meeting of September 30, 2019. Said minutes are incorporated herein by reference. 9 1 P a g e a k' 20 209 P3 Board granted approval of the submission of the Clerk's Quarterly Investment Performance Review and Compliance Report on the Board's Finance and Surplus Funds for the quarter ending September 30, 2019. P4 Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. Said list is incorporated herein by reference. P5 Board granted approval to dispose of BOCC Fiscal Year 2016 timesheets, Fiscal Year 2014 journal entries, cash receipts, bank reconciliations, EFT records & financial reports, Fiscal Year 1997-2014 grant files. Please refer to the attached Clerk disposition numbers 2019-02, 2020-03, 2020-04 & 2020-05. Said dispositions are incorporated herein by reference. P6 Board granted approval of BOCC Warrants (Including Payroll) for the period September 25-October 31, 2019, 10059549-10061651, 50005165-50005188 (PR), 3116625-3118974 (PR Voucher), 25084-25213 (WC), as follows: 001 General Fund, in the amount of$5,349,939.01; 101 Fine & Forfeiture Fund, in the amount of$5,059,637.92; 102 Road& Bridge Fund, in the amount of$1,009,185.72; 115 TDC District Two Penny, in the amount of$391,627.73; 116 TDC Admin &Promo 2 Cent, in the amount of$1,042,436.16; 117 TDC District 1,3 Cent, in the amount of$470,223.63; 118 TDC District 2,3 Cent, in the amount of$248,660.18; 119 TDC District 3,3 Cent, in the amount of$375,356.66; 120 TDC District 4,3 Cent, in the amount of $534,624.85; 121 TDC District 5,3 Cent, in the amount of$122,841.20; 125 Gov Fund Type Grants, in the amount of$4,468,441.83; 141 Fire & Amb Dist 1 L&M Keys, in the amount of $806,088.33; 147 Uninc Svc Dist Parks & Rec, in the amount of$249,603.95; 148 Plan, Build, Zoning, in the amount of$544,130.21; 149 Municipal Policing, in the amount of$992,739.58; 150 E911 Enhancement Fund, in the amount of$41,815.72; 152 Duck Key Security Dist, in the amount of$11,204.93; 153 Local Housing Assistance, in the amount of$57,154.29; 157 Boating Improvement Fund, in the amount of$59,363.00; 158 Misc. Special Revenue Fund, in the amount of$76,308.15; 160 Environmental Restoration, in the amount of$15,452.34; 163 Court Facilities, in the amount of$9,645.45; 171 Stock Island Wastewater, in the amount of$266.03; 175 Long Key-Layton MSTU, in the amount of$156.00; 180 Building Funds, in the amount of $502,344.27; 207 2003 Revenue Bonds, in the amount of$11,500.00; 304 1 Cent Infra Surtax, in the amount of$290,953.76; 311 Duck Key Wastewater, in the amount of$94.63; 312 Cudjoe Regional WW Proj, in the amount of$6,465.94; 314 Series 2014 Revenue Bonds, in the amount of$745,628.51; 316 Land Acquisition, in the amount of$310,223.50; 401 Card Sound Bridge, in the amount of$26,623.60; 403 Marathon Airport, in the amount of$288,062.88; 404 Key West Intl Airport, in the amount of$1,035,677.96; 406 PFC & Operating Restrictions, in the amount of$436,030.28; 414 MSD Solid Waste, in the amount of$1,470,919.21; 501 Worker's Compensation, in the amount of$172,213.57; 502 Group Insurance Fund, in the amount of $1,026,029.05; 503 Risk Management Fund, in the amount of$316,043.92; 504 Fleet Management Fund, in the amount of$224,786.17; 610 Fire/EMS LOSAP Trust Fund, in the amount of$5,520.00. P7 Board granted approval of FKAA invoices $50,000.00 or over for the Fiscal Year(to include salaries), relating to the Cudjoe Regional Wastewater System Project. Said invoices are incorporated herein by reference. 101Pa g e a k/ 20 209 P8 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. P9 Board granted approval of Tourist Development Council expenses for the month of October, as follows: Advertising, in the amount of$1,022, 114.89; Bricks & Mortar Projects, in the amount of$1,252,486.35; Events, in the amount of$80,844.13; Office Supplies & Operating Costs, in the amount of$47,401.19; Personnel Services, in the amount of$181,078.16; Public Relations, in the amount of$214,007.19; Sales & Marketing, in the amount of$76,824.88; Telephone &Utilities, in the amount of$22,401.42; Travel, in the amount of$50,806.28; Visitor Information Services, in the amount of$108,208.62. COUNTY ADMINISTRATOR Q2 Board adopted the following Resolution adopting a revised BOCC Table of Organization, as reflected in Exhibit A to the Resolution, creating an Emergency Management Department and a Parks & Recreation Department as separate departments of County government. RESOLUTION NO. 412-2019 Said Resolution is incorporated herein by reference. Q4 Board adopted the following Resolution in support of S. 2429 and H.R. 4160; the Restoring Resilient Reefs Act of 2019; federal legislation re-authorizing the Coral Reef Conservation Reauthorization Act of 2000. RESOLUTION NO. 413-2019 Said Resolution is incorporated herein by reference. Q5 Board granted approval of a Grant Award for Canal Restoration Project for Monroe County in the amount of$478,308.00, by the US Department of Treasury, from Monroe County's RESTORE Act Local Pot funding. Q6 Board granted approval and authorized execution of a$0 1st Amendment to Grant Agreement MN008 for Water Quality Monitoring Services in support of the Florida Keys Reasonable Assurance Document with the Florida Department of Environmental Protection, to correct minor discrepancies in the Grant Agreement. COUNTY ATTORNEY R2 Board granted approval and authorized execution of the 2nd Amendment to Professional Services Agreement between Monroe County and the law firm of Allen Norton & Blue, P.A., which provides outside counsel representation to the County in labor and employment law matters. R3 Board granted authorization to join amicus curiae brief to be filed in the matter of Yanes v. O C Food& Beverage, LLC, Case No. 18-CA-003554-0 in support of continued local 111 P a g e V V i 20 / 20 9 authority to enact Human Rights Ordinances prohibiting discrimination that is more protective and inclusive than the Florida Civil Rights Act. R4 Board granted approval of the request for conflict waiver from John J. Wolfe, the law firm of Wolfe/Stevens, for a potential conflict of interest related to a real estate transaction involving the County and Fisherman's Health, Inc.; and authority for the County Attorney or his designee to sign the conflict waiver letter. R6 Board granted approval and authorized execution of a Contract with Ross B. &Patricia M. Howes to purchase a less than fee interest in Block 5, Lots 21 and 22, Doctors Arm First Addition (PB 4-149)with parcel numbers 00311790-000000 and 00311800-000000 for a purchase price of$86,700.00 for density reduction purposes. R7 Board adopted the following Resolution requesting the Supervisor of Elections hold a special election on March 17, 2020, as directed in Monroe County School Board Resolution No. 839, for the qualified electors of Monroe County to vote on the School Board's referendum question to determine whether to continue to enact a yearly ad valorem tax of up to .5 mill for four years beginning January 1, 2020 for operating expenses of the School District. RESOLUTION NO. 414-2019 Said Resolution is incorporated herein by reference. BUILDING DEPARTMENT V1 Board granted approval and authorized execution of the 5th Amendment to Contract with Lori Lehr related to projects necessary for a Community Rating System application for Class 4 which would yield a 30% discount (going from a savings of$5,135,345.00 to $6,156,964.00) for National Flood Insurance Program following October 2020;performing additional Floodplain related projects; amending the compensation amount remaining to $327,525.00 (which includes additional services that cost $121,500.00)including: drafting a new Floodplain Ordinance consistent with the Florida Model Ordinance; assisting with a floodplain mapping; developing a mobile home replacement analysis related to compliance with floodplain regulations; and extending the date of the contract through September 30, 2021. SUSTAINABILITY V2 Board granted approval of the acceptance of a$149,995.00 revenue based Grant Agreement No. X7-0 I D00020-0 from the United States Environmental Protection Agency for three Canal Planning Projects to address water quality issues, canal management and sargassum management within canals in the Keys retroactive to November 04, 2019 with no local match required; and to ratify the Certificate Regarding Lobbying by Monroe County. HURRICANE RECOVERY/COUNTY ATTORNEY V3 Board granted approval and authorized execution of a Professional Services Agreement with Stearns, Weaver, Miller, Weissler, Alhadeff& Sitterson, P.A. for legal services associated 121Pa g e V V / 20 / 209 with due diligence related to acquisition of Conch Key Trailer Park and, if necessary, Howards Haven Trailer Park. AIRPORTS V4 Board granted approval to waive Purchasing Policies and enter into a Contract with sole source vendor Engineered Arresting Systems Corporation d/b/a Safran Aerosystems in the amount of$337,252.00 to repair damage to the Runway 9 EMAS bed at the Key West International Airport. The project will be funded by FAA Grant 37-58 (90%); and Airport Operating Fund 404 (10%). 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 Murphy, Commissioner Rice, Vice Mayor Lewis and Mayor Bruce Halle. Absent was Commissioner Kolhage. K1 Chief James Callahan, Fire Rescue, addressed the Board concerning approval of a Resolution authorizing the write-off of 784 Fire Rescue Ground Ambulance Accounts Receivable for Calendar Year 2015 totaling $445,866.35 from Fire and Ambulance District 1 L&M Fund (141). In Calendar Year 2015 $634,114.64 was collected and deposited into accounts receivable. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Murphy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 415-2019 Said Resolution is incorporated herein by reference. K2 Motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval to exercise the first of two one year options to renew and authorized execution of a Contract with Bound Tree Medical LLC, effective December 1, 2019 through November 30, 2020. Motion carried unanimously. The Board of Governors, Fire & Ambulance District 1, adjourned. The Board of County Commissioners meeting reconvened with the commissioners present. Absent was Commissioner Kolhage. COMMISSIONER'S ITEM 02 Bridget Kerner, of the National Association of County and City Health Officials, gave a Power Point Presentation on Health in All Policies. The Board took no official action. 131Pa g e a k/ 20 209 PROJECT MANAGEMENT L1 Kevin Wilson, Assistant County Administrator, gave a Power Point Presentation of the results of site selection review for the Emergency Operations Center at the Marathon Airport and BOCC concurrence with the proposed site. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Murphy granting approval of staff's recommendation of site location 1 (US1 & Aviation Boulevard). Motion carried unanimously. Cathy Crane, Director of Veteran's Affairs, addressed the Board. HURRICANE IRMA RECOVERY G14 Rhonda Haag, Director Sustainability and Projects, gave a Power Point Presentation on work completed for Hurricane Irma marine debris removal from the 247 canals approved in unincorporated Monroe County, City of Marathon and Village of Islamorada under the United States Department of Agriculture Natural Resources Conservation Services Grant NR184209XXXXCO27 for marine debris removal, administrative and related services for $49,716,015.02 which terminates December 31, 2019. Roman Gastesi, County Administrator, addressed the Board. PLANNING& ENVIRONMENTAL RESOURCES, BUILDING & CODE COMPLIANCE DEPARTMENTS M1 Rich Jones, Sr. Administrator of Marine Resources, gave a Power Point Presentation on direction regarding the objectives of the Keys-Wide Mobile Vessel Pumpout Service("Service"), and clarification and direction as to the Service's parameters regarding providing the service to vessels located in marinas and regarding providing the Service to vessels located at private residences. Christine Hurley, Assistant County Administrator, addressed the Board. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Rice to pump out every boat in the County through June 30, 2021. Roll call vote carried unanimously. MISCELLANEOUS BULK APPROVALS F7 Chief Callahan addressed the Board concerning approval by the Board, acting as Plan Administrator of the Length of Service Award Plan, to begin ten year disbursement of funds to one eligible participant. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Coldiron granting approval of the item. Motion carried unanimously. F 14 Motion was made by Commissioner Coldiron and seconded by Commissioner Murphy granting approval to accept a Pre-Disaster Mitigation Grant on behalf of Westcare/Guidance Care Center, Inc., from FEMA through Florida Division of Emergency Management, to install an emergency generator system. The total award is $101,240.00 ($75,930.00 Federal grant award / $25,310.00 non-Federal). Monroe County will not provide funding for this project. Roll call vote carried unanimously, with Commissioner Rice abstaining due to a conflict. 141Pa g e V V / 20 / 209 F21 Mr. Wilson, Mr. Gastesi, Ms. Haag and Mr. Shillinger addressed the Board concerning approval of the 2nd Amendment to the Engineering Design and Permitting Contract with WSP USA, Inc. for the Sea Level Rise Pilot Project for Shaw Drive in Key Largo to add National Park Service requirements scope in order to obtain South Florida Water Management District permitting, in the estimated amount of$20,751.77 for a revised total contract amount of $545,769.81. This 2nd Amendment also adds contract language to allow individual task amounts to be adjusted as long as the total contract amount of$545,769.81 is not exceeded. After discussion, motion was made by Commissioner Coldiron and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. HURRICANE IRMA RECOVERY G1 Mr. Gastesi addressed the Board. Tina Boan, Sr. Director Budget& Finance, gave a report of Hurricane Irma finance activity by the Office of Management and Budget. The Board took no official action. COUNTY ADMINISTRATOR Q3 Motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval and authorizing execution of an Interlocal Agreement between Monroe County and Ocean Reef Volunteer Fire Department(ORVFD) for the purchase of one E-One Custom Rescue Pumper Truck(VINO 4EN6AAA89K1002747); and NFPA loose equipment and adopted the following Resolution transferring any ownership interest Monroe County has in the E-One Custom Rescue Pumper Truck and NFPA loose equipment purchased from REV Technical Center under Invoice T-142747 in the amount of$599,841.00 to ORVFD. Motion carried unanimously. RESOLUTION NO. 416-2019 Said Resolution is incorporated herein by reference. Mr. Gastesi introduced Genaro "Chip" Iglesias,President of Ocean Reef Community Association, to the Board. HURRICANE IRMA RECOVERY G7 Emily Schemper, Sr. Director Planning & Environmental Resources, addressed the Board concerning approval of a Resolution to extend the reservation of one affordable housing allocation (moderate income category) for a proposed "Tiny Home"/Code Compliant small modular unit for affordable housing at the corner of W. Indies Drive, Lot 1, Block 19, Breezeswept Beach Estates, Ramrod Key (approximate mile marker 27.5), having property identification number 00156610-000000,until December 31, 2020. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Coldiron to adopt the following Resolution with the correction to the property identification number as follows: 00205890- 000000. Motion carried unanimously. 151Pa g e V V / 20 / 209 RESOLUTION NO. 417-2019 Said Resolution is incorporated herein by reference. G8 Ms. Schemper, Mr. Shillinger and Ms. Hurley addressed the Board concerning approval of a Resolution by the Monroe County Board of County Commissioners approving additional extensions of time for temporary emergency housing in 180-day increments for permits issued under LDC Section 103-1 for residents displaced by Hurricane Irma; with no permits or extensions to be issued after December 31, 2021; and requesting direction regarding "good cause" for the need for an extension. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Murphy to adopt the following Resolution and to approve staff recommendations related to temporary emergency housing permits, as follows: 1. Applicants who have reached the"Completed & Submitted Application" stage, with DEO's Rebuild Florida Program, of the process have shown "good cause"in that they are taking steps to make progress on their plan to rebuild/repair their home damaged by Hurricane Irma. their plan to rebuild/repair their home damaged by Hurricane Irma. For those not involved in the Rebuild Florida program, staff recommends that"good cause" for the need for an extension may include the following, as determined by the Planning Director and/or Building Official: a. Provide an executed contract to rebuild; or b. Evidence of working with insurance companies with no final resolve; or c. There is an issued, unexpired building permit for repair/replacement of the dwelling unit on the property and construction is ongoing. 2. Some properties have open citations by Monroe County Code Compliance for violations they have created while living in the temporary RVs. Staff recommends that occupants causing violations on the sites where their RVs are located not be permitted to remain on the sites and therefore, if open citations or code violations exist without the property owner moving forward with a remedy, staff recommends allowance for staff to denytemp housing permits. 3. Staff requests direction regarding how to determine if a resident qualifies as "displaced" by Hurricane Irma. Per LDC Section 103-1(c)(4), "Only one temporary emergency housing unit shall be placed per each lawful dwelling unit and the temporary emergency housing unit may only be occupied by County residents who have been displaced by natural or manmade disaster damage...". Staff has received temporary housing applications with the following scenarios: • Property owner occupying a temporary emergency housing unit on the same property; • Pre-Irma tenants occupying a temporary emergency housing unit on the same property they were renting prior to the storm; and • Pre-Irma tenants occupying a temporary emergency housing unit on a different property (within Monroe County) than they were renting prior to the storm. 161Pa g e a k/ 20 209 Staff recommends the BOCC allow any residents of Monroe County that were displaced due to Irma(all scenarios listed above)be considered a displaced resident and qualify to occupy a temporary emergency housing unit. The temporary housing unit may qualify for an extension as long as there is progress being made on repairing the house on the property where the temporary unit is located. Roll call vote carried unanimously. RESOLUTION NO. 418-2019 Said Resolution is incorporated herein by reference. PUBLIC HEARINGS S1 A Public Hearing was held to consider approval of a Resolution renouncing and disclaiming any right of the County and the public in and to the right-of-way of a portion of Old State Road 4A and all of the right-of-way of Loop Road lying within Section 31, Township 66 South, Range 28 East, Government Lot 6; Section 6 Township 67 South, Range 28 East, Government Lots 3, 2, and 7; Section 7, Township 67 South, Range 28 East, Government Lots 2 and 4; Section 12, Township 67 South, Range 27 East, Government Lots 6 and 7; also a 50 foot strip known as Loop Road, lying in Sugarloaf Key, Section 12, Township 67 South, Range 27 East, Government Lots 1, 2, 3, 5, and 7; Section 11, Township 67 South , Range 27 East, Monroe County. Mr. Shillinger and Ms. Schemper addressed the Board. The following individuals addressed the Board: Stuart Schaffer, representing Sugarloaf Shores Property Owner's Association; and Randy Grau, (retired) Fisheries and Wildlife Biological Scientist IV for the FWC Florida Keys Wildlife and Environmental Area. After discussion, motion was made by Commissioner Coldiron and seconded by Commissioner Murphy to continue the item to the January BOCC meeting in Marathon. Motion carried unanimously. S2 A Public Hearing to was held to consider adoption of an Ordinance amending Chapter 26, Monroe County Code of Ordinances, to establish a Slow Speed/Minimum Wake Zone for all man-made canals and boat basins internal to Duck Key. There was no public input. Motion was made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 043-2019 Said Ordinance is incorporated herein by reference. S3 The first of two required Public Hearings was held for November 20, 2019 in Key West and December 11, 2019 in Key Largo, to consider adoption of a Resolution to designate an area located at 10 Betty Rose Drive, Big Coppitt Key, locally known as the Quarry, as a Green Reuse Area pursuant to the Brownfields Redevelopment Act, Florida Statutes 376.80. Ms. Schemper and Mr. Shillinger addressed the Board. The following individual addressed the Board: Michael Goldstein, representing the applicant. After discussion, motion was made by Commissioner Coldiron and seconded by Commissioner Rice to move to the next reading. Motion carried unanimously. 171Pa g e V V / 20 / 209 HURRICANE IRMA RECOVERY G9 Ms. Hurley addressed the Board. Michelle Luckett, Executive Director Monroe County Long Term Recovery Group, gave a Power Point Presentation of the "Summary of Activities Report"from the Monroe County Long Term Recovery Group in compliance with the reporting requirements of the Land Lease Agreement (Resolution 218-2018) for the vacant county owned land located at 30320 Overseas Highway, Big Pine Key, Florida, known as Volunteer Village, established to house disaster relief workers post Irma. The Board took no official action. Ms. Hurley addressed the Board concerning the following three items (G11, G12 and G13): G11 Approval of the 1st Amendment to the Professional Services Contract with Marais Development Partners (Hana Eskra), Consultant, in an amount of$16,389.69 for additional services, already included in the initial $49,999.99 contract price for oversight of due diligence items related to the BOCC acquisition of several parcels recently awarded for funding by the Florida Housing Finance Corporation for land acquisition and new construction of affordable workforce rental housing utilizing Community Development Block Grant- Disaster Recovery funding. G12 Approval to expend in advance up to $400,000.00 on real estate closing expenses (environmental assessments, land surveys, legal fees) and relocation expenses for up to eleven eligible households, (4 yet to be determined)related to the acquisition of the Conch Trailer Court, to later be reimbursed by CDBG-DR funds from the Monroe County Housing Authority, after being awarded and receiving said funds from Florida Housing Finance Corporation. G13 Approval of the 2nd Amendment to Ground Lease between the Monroe County BOCC and the Monroe County Housing Authority adding the following provision: Lessor and Lessee agree that acquisition funds may be used for development if actual development costs exceed budgeted development costs, if authorized by the Board of County Commission during the development process after the Housing Authority demonstrates the need for additional funding. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Murphy granting approval of the above three items (G11, G12 and G13). Motion carried unanimously. G10 Helene Wetherington, Director of Disaster Recovery, gave a Power Point Presentation of the Draft Comprehensive Post Disaster Recovery Strategy. The Board took no official action. COUNTY ADMINISTRATOR Q1 Mr. Gastesi referred the Board to the County Administrator's report for November 2019. Mr. Gastesi, Manny Castillo, Executive Director, Key West Housing Authority; Mr. Shillinger and Sheryl Graham, Sr. Director of Social Services, addressed the Board concerning Poinciana 181 P a g e a u / 20 /209 Gardens Assisted Living, Bayshore Manor and the meal site/respite program. The Board took no official action. SOUNDING BOARD T1 Louis LaTorre addressed the Board regarding the status of the Senior Center at the Harvey Government Complex. The Board took no official action. TOURIST DEVELOPMENT COUNCIL H3 Christine Limb ert-B arrows, Assistant County Attorney; Maxine Pacini, Office Manager, Tourist Development Council; and Mr. Gastesi addressed the Board concerning the response to the Board on questions raised at the October 16, 2019 BOCC meeting about the District I Advisory Committees decision not to advertise for a 2nd Round of Fiscal Year 2020 Capital Funding Applications. The Board took no official action. COMMISSIONER'S ITEMS 01 Mr. Shillinger addressed the Board concerning approval to advertise a Public Hearing for December 11, 2019 to consider adoption of a County Ordinance amending Chapter 12 of the Monroe County Code by creating Article VIII. Plastics to prohibit the distribution or sale of single-use plastic beverage straws or stirrers with enforcement effective January 1, 2021. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Murphy granting approval of the item. Motion carried unanimously. 03 Mr. Shillinger addressed the Board concerning the official County holidays and whether to close County offices on Tuesday, December 24, 2019 (Christmas Eve) and Tuesday, December 31, 2019 (New Year's Eve). After discussion, motion was made by Commissioner Coldiron and seconded by Commissioner Rice to give Christmas Eve off(December 24, 2019); and a half day off on New Year's Eve (December 31, 2019). Motion carried unanimously. COUNTY ADMINISTRATOR Q7 Mr. Shillinger addressed the Board concerning approval of a Resolution urging the Florida Keys National Marine Sanctuary to listen to stakeholder comments and suggestions, and to not limit public access unnecessarily. After discussion, motion was made by Commissioner Coldiron and seconded by Commissioner Murphy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 419-2019 Said Resolution is incorporated herein by reference. COUNTY ATTORNEY R1 Mr. Shillinger referred the Board to the County Attorney's Report for November 2019. Said report is incorporated herein by reference. 191Pa g e a k/ 20 209 Mr. Shillinger advised the Board that he spoke with the Governor's Office about the vacancy caused by Commissioner Kolhage's resignation. Mr. Shillinger requested to hold a Closed Session in the matter of Thurmond Street Partners LLC vs. Monroe County, Case No. 18-AP-10-K and 18-AP-11-K, 16'h Circuit. Motion was made by Commissioner Rice and seconded by Commissioner Murphy to hold the Closed Session on December 11, 2019,in Key Largo, at 1:30 p.m. or as soon thereafter as may be heard. Motion carried unanimously. Mr. Shillinger corrected the record from earlier in the day by informing the Board that the property owner did not appeal on the Collins/Davis Case (Land Authority Item). Mr. Shillinger addressed the Board concerning a settlement offer from the attorneys representing (Lindback) Atlantic Trash & Transfer LLC in the amount of$325,000.00. Motion was made by Commissioner Rice and seconded by Commissioner Coldiron to reject the offer and gave the County Attorney the authority to go back and negotiate a better number. Motion carried unanimously. Mr. Shillinger addressed the Board concerning the Brownsfield hearing item (Item S3). Motion was made by Commissioner Rice and seconded by Commissioner Murphy to hold the hearing at 1:30 p.m., on December 11, 2019, in Key Largo. Motion carried unanimously. R5 Mr. Shillinger addressed the Board concerning direction regarding whether to remain in the Negotiation Class created in the multi-district opioid litigation (MDL 2804)in which the County is a plaintiff. Board directed the County Attorney to remain in the negotiation class. COMMISSIONERS' COMMENTS The Board requested that staff bring an update on the Quarry Project to the December 11, 2019 meeting. The Board thanked Commissioner Kolhage for his many years of service to the citizens of Monroe County. 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 201 P a g e V V / 20 /209 o � � b° oCd Cd a p E o y > C C O Z d O p un CG C� � O cd " cd CDcd cnun p GC y ' ci o o Q O CJ a) oc U a) a) acli CJ 0 x x cn •° U '� cn O O 03 � 'a a Q N N N N N N N N � t w d a) kn 05 � � o 'd bA 0 •� s �•• O G� ti w d ti ti O Z Q C C C