09/18/2019 Regular MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, September 18, 2019
Key Largo, Florida
A regular meeting of the Monroe County Board of County Commissioners convened at
9:00 a.m. at the Murray E. 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 Kolhage and seconded by Commissioner Carruthers
granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
B1 Presentation of Mayor's Proclamation for Fire Prevention Week October 6 - 12, 2019.
B2 Presentation of Years of Service Award for 35 years of service to Norma Kula, Director
of Libraries.
BULK APPROVALS
Motion was made by Commissioner Kolhage and seconded by Commissioner Carruthers
granting approval of the following items by unanimous consent:
C2 Board granted approval of the annual update to Exhibit A as per the Memorandum of
Understanding between Monroe County and the University of Florida effective October 1, 2006
that specifies Fiscal Year 2020 payroll costs of$98,193.35 for three FTE jointly funded
Extension Agent positions.
C3 Board adopted the following Resolution of a Florida Department of Transportation Small
County Outreach Program Grant Agreement funding construction for the 1st Street and Bertha
Street (Key West) Roadway and Drainage Improvement Project in the grant amount of
$1,815,000.00 (75%); with a match requirement of$605,000.00 (25%); of the estimated project
amount of$2,420,000.00.
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RESOLUTION NO. 245-2019
Said Resolution is incorporated herein by reference.
C4 Board granted approval and authorized execution of a 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 task order is being awarded under the On Call Contract for Professional
Engineering Services in the maximum not to exceed amount of$332,866.00.
C5 Board granted approval of the Issuance(renewal) of a Class A Certificate of Public
Convenience and Necessity (COPCN) to Islamorada Village of Islands —Fire Rescue for the
operation of an ALS Transport Ambulance Service for the period October 1, 2019 through
September 30, 2021.
C6 Board granted approval to award the annual lump sum bonus to the billing staff in the
amount of 10% of unloaded base salaries; based on an average collection rate of 66.52%
compared to the baseline collection rate of 33.7%; for the period July 1, 2018 to June 30, 2019.
C7 Board granted approval to advertise a Request for Proposals for the Historic Monroe
County Courthouse Box Gutter Replacement.
C8 Board granted approval and authorized execution of the 1st Amendment to Agreement for
On Call Professional Engineering Services, for a name change from Mathews Consulting, a
Baxter& Woodman Company to Baxter& Woodman, Inc.
C9 Board granted approval and authorized execution of a three year Contract extension with
Environmental Systems Research Institute, Inc. Small Municipal and County Government
Enterprise License Agreement for Geographic Information Systems software on an unlimited
basis,plus software maintenance as provided in quote 4 Q-391789 utilizing Federal GSA pricing
(Contract No. GS-35F-253CA)in the amount of$150,000.00 for three years ($50,000.00
annually) to be paid by the following Departments/Agencies: Planning - $30,000.00; Monroe
County Property Appraisers Office- $30,000.00; Monroe County Sheriffs Office- $19,500.00;
Engineering (Roads and Bridges Department) - $30,000.00; Information Technology -
$40,500.00.
C10 Board granted approval and authorized execution of an amendment to a Contract
(original date January 21, 2010)with Innovative Interfaces (originally Polaris) to purchase two
additional licenses to access the Polaris Staff Client Software, at a total cost of$2,832.00.
C11 Board granted approval to extend AT&T Support Contract for three months beginning
September 15, 2019 to December 15, 2019 in the amount of$37,500.00 for existing AT&T
Technician to inspect and remove all obsolete equipment/cabling no longer needed after the
Nortel phone replacement project completion and new cabling as needed.
C12 Board granted approval and authorized execution of a Contract with Architects Design
Group, Inc. for design and construction administration services for an Emergency Operations
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Center in Marathon; correcting a scrivener's error in the contract sum in Section 7.1.1 of the
contract.
C13 Board granted approval and authorized execution of the 1st Amendment to the Florida
Boating Improvement Program Grant Agreement for the Gulf View Boat Ramp on Big Coppitt
Key. Amendment 1 extends the expiration date of the grant agreement in order for the County to
complete construction.
C14 Board ratified and granted approval of Federal Aviation Administration AIP Multi-Year
Grant Agreement No. 3-12-0037-060-2019 providing $9,322,955.00 in funding ($6,532,955.00
in Fiscal Year 2019; and $2,800,000.00 in Fiscal Year 2020) for the Rehabilitation of Taxiway A
Pavement and Lighting Construction for the Key West International Airport. The project will be
funded 90%by FAA; 5% FDOT; and 5%Passenger Facility Charges (PFC418).
C15 Board granted approval to waive bid irregularities and award bid and authorized
execution of a Contract with General Asphalt Company, Inc., in the amount of$9,691,602.25 to
Rehabilitate Taxiway A at the Key West International Airport. The project is being funded by
90%by FAA Grant 37-60; 5%by FDOT Grant G0I56; and 5%by PFC 418.
C16 Board granted approval and authorized execution of Jacobs Project Management Co.'s
Task Order No.12/15-45 in the amount of$919,503.00 for data collection, programming,
planning and 15% schematic design of a new second-floor Concourse "A"to the north of the
existing terminal facility to accommodate new hold rooms, concession spaces, restrooms, and
passenger loading bridges. The preliminary design will define the project scope, operational
parameters, statement of probable construction costs and phasing. This task order will be funded
100%with Passenger Facility Charges Fund 406 (PFC 418).
C21 Board granted approval for the Key West Library to close on Saturday, October 26, 2019.
C22 Board accepted the report of monthly Change Orders for the month of August reviewed
by the County Administrator/Assistant Administrator. Said report is incorporated herein by
reference.
C23 Board adopted the following Resolutions for the Transfer of Funds for the Receipt of
Unanticipated Revenue:
Transfer of Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 246-2019
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 247-2019
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 248-2019
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 249-2019
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 250-2019
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 251-2019
Said Resolution is incorporated herein by reference.
C24 Board accepted the Justice Assistance Grant(JAG)Program Application in the amount of
$13,800.00 titled, "Monroe County Drug Court Medical Director Initiative". In accordance with
assurances required by 34 U.S.C. § 10153(a)(2), this JAG application is being made available for
review by the Monroe County Board of County Commissioners, for a period not fewer than 30
days, and is being made available for an opportunity for citizen comment.
C25 Board granted approval and authorized execution of the 4th Amendment to Agreement
for Disposal of Remains between Dean-Lopez Funeral Home and Monroe County
BOCC/Monroe County Social Services to extend the term of the agreement by two years for a
contract period of October 16, 2019 through October 15, 2021.
C26 Board granted approval and authorized execution of the 4th Amendment to Agreement
for Disposal of Remains between Castillo & Thurston's Key West Mortuary and Monroe County
BOCC/Monroe County Social Services to extend the term of the agreement by two years for a
contract period of October 16, 2019 through October 15, 2021.
C27 Board granted approval and authorized of the 4th Amendment to Agreement for Disposal
of Remains between Allen Funeral Directors, LLC d/b/a Allen-Beyer Funeral Home and Monroe
County BOCC/Monroe County Social Services to extend the term of the agreement for two years
to a contract period of October 16, 2019 through October 15, 2021.
HURRICANE IRMA RECOVERY
D2 Board granted approval and authorized execution of the 2nd Amendment to the Revenue
Grant Agreement No. LP44074 with the Florida Department of Environmental Protection to add
$1.8 million in Fiscal Year 2019-20 Keys Stewardship Funds to be used for marine debris
removal and monitoring services as the 25% match under the NRCS grant work; totaling
$7,300,000.00 in available funds.
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D3 Board granted approval to ratify sixty-five corrected Task Orders totaling over
$50,000.00 for air quality testing and reporting services with Inspect Key West, Inc., relating to
water intrusion and building damages caused by Hurricane Irma.
D4 Board granted approval to ratify two emergency Contracts with Global Disaster
Recovery, Inc. for mold remediation work at the Freeman Justice Building and the Lester
Building. The two contracts were executed by the County Administrator and they have a total
amount of$59,315.12.
D6 Board adopted the following Resolution by the Monroe County Board of County
Commissioners authorizing the placement, location, duration, and type(s) of sheltering unit
permitted for temporary use by gainfully employed relief workers,pursuant to Monroe County
Land Development Code Sections 103- 1(e) on property located at 280 Key Deer Boulevard, Big
Pine Key with Parcel ID 00111450-000000 until October 1, 2020.
RESOLUTION NO. 252-2019
Said Resolution is incorporated herein by reference.
D7 Board granted approval for the Mayor to sign the Settlement and Release Agreement
between Monroe County Board of County Commissioners and Goodman-Gable-Gould/Adjusters
International and Citizens Property Insurance Corporation; and acceptance of the additional
amount of$1,353,834.47, bringing total payments to $2,722,042.68, as final payment for
windstorm damages caused by Hurricane Irma.
D8 Board granted approval and authorized execution of a Contract with Innovative Masonry
Restoration, LLC for the West Martello Tower Historic Ammunition Bunkers Repair in the
amount of$223,000.00. Repairs are needed due to damages caused by Hurricane Irma.
D10 Board granted approval and authorized execution of a Contract amendment with
Electrical Contracting Service, Inc. for the Big Pine Key Community Park ball field and bocce
court lighting Hurricane Irma damage repairs. The Amendment adds Alternate 1 ($13,450.00) to
the contract price; and accepts alternative 2 (unit price $170.00/10') to be added by Change
Order. The new contract sum total is $347,220.00.
TOURIST DEVELOPMENT COUNCIL
El Board granted approval to retain or utilize already engaged consultants to study and
prepare a report regarding the effects of excessive Sargassum Seaweed on the tourism industry.
The study and report will include the potential economic effect of Sargassum Seaweed on the
tourism industry, if any, and will identify solutions and the cost associated with those solutions.
It is anticipated that the cost of the study will not exceed $49,999.99, but in the event that cost
exceeds the competitive solicitation threshold, approval to waive the competitive solicitation
process for professional services as needed to complete the study.
E2 Board granted approval and authorized execution of an Amendment to Agreement with
REEF Environmental Education Foundation Incorporated for the REEF Charging
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Stations/Solar/Aquarium/Signage Project to revise Exhibit A of the Agreement outlining scope
of services for the project.
E3 Announcement of one vacant position on the Tourist Development Council District V
Advisory Committee for one "At Large" appointment.
E4 Board granted approval and authorized execution of an Amendment to Agreement with
Lower Keys Chamber of Commerce, Inc. for the Underwater Music Festival to revise Exhibit C
(Budget) of Agreement due to a scrivener's error which inadvertently placed funds within the
incorrect category.
E5 Board granted approval and authorized execution of an Amendment to Agreement with
Red Barn Actors Studio for the Red Barn Theater to extend Agreement due to a scrivener's error
with the original expiration date.
E6 Board granted approval of the appointment of Patricia Neyra to the "At Large"
appointment to the Tourist Development Council District I Advisory Committee.
E7 Board granted approval and authorized execution of an Amendment to Extend
Agreement with Mote Marine Laboratory, Inc. for Mote's 9th Annual Ocean Fest Event to allow
for payment of invoices that require additional documentation.
PLANNING& ENVIRONMENTAL RESOURCES, BUILDING
& CODE COMPLIANCE DEPARTMENTS
Il Board adopted the following Resolution setting the date, time and place for a public
hearing to consider a request by Board of Trustees of the Internal Improvement Trust Fund of
Florida requests an abandonment of a portion of the right-of-way 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.
RESOLUTION NO. 253-2019
Said Resolution is incorporated herein by reference.
12 Board adopted the following Resolution of the Monroe County Board of County
Commissioners adopting FEMA Technical Bulletin 0 "User's Guide to Technical Bulletins"
dated July 2019 as required pursuant to Monroe County Code Section 122-2(c).
RESOLUTION NO. 254-2019
Said Resolution is incorporated herein by reference.
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I3 Board adopted the following Resolution of the Monroe County Board of County
Commissioners adopting FEMA Technical Bulletin 4 "Elevator Installation" dated June 2019 as
required pursuant to Monroe County Code Section 122-2(c).
RESOLUTION NO. 255-2019
Said Resolution is incorporated herein by reference.
I4 Board adopted the following Resolution of the Monroe County Board of County
Commissioners adopting FEMA Technical Bulletin 8 "Corrosion Protection for Metal
Connectors and Fasteners in Coastal Areas" dated June 2019 as required pursuant to Monroe
County Code Section 122- 2(c).
RESOLUTION NO. 256-2019
Said Resolution is incorporated herein by reference.
I6 Board granted approval and authorized execution of the 1st Amendment to Contract with
The Woods Hole Group, Inc., adding preparation and delivery of maps related to the difference
between NGVD29 and NAVD 88 datums in the additional amount of$10,500.00 for FEMA
Coastal Risk MAP Development Consulting Services.
SHERIFF'S OFFICE
K1 Board granted approval and authorized execution of the Municipal Police Services
Contract for the period of 2019-2024 between the Village of Islamorada, Monroe County
Sheriffs Office, and Monroe County Board of County Commissioners.
K2 Board granted approval and authorized execution of the 1st Amendment to Contract for
Law Enforcement and Security Services at Key West Airport with the Monroe County Sheriffs
Office and Monroe County Board of County Commissioners.
HEALTH DEPARTMENT
L1 Board granted approval and authorized execution of a Contract between Monroe County
Board of County Commissioners and the State of Florida, Department of Health for operation of
the Monroe County Health Department, Contract Year 2019-2020.
COMMISSIONER'S ITEMS
M1 Board granted approval of Commissioner Kolhage's reappointment of Gayle Tippett as a
Tourist Development Board member, classification: tourist accommodation, with a term expiring
September 2023.
COUNTY CLERK
N1 Board granted approval of Tourist Development Council expenses for the month of July
2019, as follows: Advertising, in the amount of$776,379.32; Bricks & Mortar Projects, in the
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amount of$156,224.58; Events, in the amount of$166,735.90; Office Supplies & Operating
Costs, in the amount of$40,932.95; Personnel Services, in the amount of$114,011.38; Public
Relations, in the amount of$276,241.64; Sales & Marketing, in the amount of$78,685.29;
Telephone &Utilities, in the amount of$17,507.05; Travel, in the amount of$10,489.51; Visitor
Information Services, in the amount of$106,034.36.
N2 Board granted approval to remove surplus equipment from inventory via disposal or
advertise for bid. Said list is incorporated herein by reference.
N3 Board granted approval of the minutes from the regular meeting of July 17, 2019; and the
special meeting of July 22, 2019. Said minutes are incorporated herein by reference.
N4 Board granted approval of BOCC Warrants (Including Payroll) for the month of August
2019, 10057129-10058740, 50005117-50005151 (PR), 3114135-3115943 (PR Voucher), 24925-
25027 (WC), as follows: 001 General Fund, in the amount of$3,318,069.32; 101 Fine&
Forfeiture Fund, in the amount of$4,378,694.63; 102 Road& Bridge Fund, in the amount of
$711,238.14; 115 TDC District Two Penny, in the amount of$442,450.71; 116 TDC Admin &
Promo 2 Cent, in the amount of$1,329,503.05; 117 TDC District 1,3 Cent, in the amount of
$685,125.92; 118 TDC District 2,3 Cent, in the amount of$63,102.20; 119 TDC District 3,3
Cent, in the amount of$241,736.71; 120 TDC District 4,3 Cent, in the amount of$100,498.78;
121 TDC District 5,3 Cent, in the amount of$174,821.28; 125 Gov Fund Type Grants, in the
amount of$2,573,252.68; 141 Fire & Amb Dist 1 L&M Keys, in the amount of$682,434.68;
147 Uninc Svc Dist Parks&Rec, in the amount of$172,273.78; 148 Plan, Build, Zoning, in the
amount of$536,958.54; 149 Municipal Policing, in the amount of$591,106.25; 150 E911
Enhancement Fund, in the amount of$80,806.19; 152 Duck Key Security Dist, in the amount of
$7,173.14; 153 Local Housing Assistance, in the amount of$61,804.70; 157 Boating
Improvement Fund, in the amount of$71,205.53; 158 Misc Special Revenue Fund, in the
amount of$56,511.11; 160 Environmental Restoration, in the amount of$17,008.03; 163 Court
Facilities, in the amount of$40,093.13; 164 Drug Facilities Fees, in the amount of$25,343.27;
171 Stock Island Wastewater, in the amount of$2,879.15; 175 Long Key-Layton MSTU, in the
amount of$397.95; 176 Duck Key MSTU, in the amount of$412.63; 180 Building Funds, in the
amount of$446,599.09; 207 2003 Revenue Bonds, in the amount of$272,596.00; 304 1 Cent
Infra Surtax, in the amount of$230,850.90; 310 Big Coppitt Wastewater, in the amount of
$4,718.08; 311 Duck Key Wastewater, in the amount $27,189.26; 312 Cudjoe Regional WW
Proj, in the amount of$2,012,856.44; 314 Series 2014 Revenue Bonds, in the amount of
$1,103,421.03; 316 Land Acquisition, in the amount of$426,304.00; 401 Card Sound Bridge, in
the amount of$20,604.87; 403 Marathon Airport, in the amount of$161,761.51; 404 Key West
Intl Airport, in the amount of$765,975.36; 406 PFC & Operating Restrictions, in the amount of
$43,054.00; 414 MSD Solid Waste, in the amount of$1,638,608.26; 501 Worker's
Compensation, in the amount of$114,488.99; 502 Group Insurance Fund, in the amount of
$2,003,098.49; 503 Risk Management Fund, in the amount of$84,528.59; 504 Fleet
Management Fund, in the amount of$198,010.78; 610 Fire/EMS LOSAP Trust Fund, in the
amount of$7,539.00.
N5 Board granted approval of Tourist Development Council expenses for the month of
August 2019, as follows: Advertising, in the amount of$1,351,803.58; Bricks & Mortar Projects,
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in the amount of$177,386.04; Events,in the amount of$87,700.56; Office Supplies & Operating
Costs, in the amount of$39,791.83; Personnel Services, in the amount of$151,394.79; Public
Relations, in the amount of$54,116.88; Sales & Marketing, in the amount of$125,237.73;
Telephone &Utilities, in the amount of$16,952.03; Travel, in the amount of$21,302.99; Visitor
Information Services, in the amount of$79,509.36.
N6 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.
N7 Board accepted the 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.
COUNTY ADMINISTRATOR
03 Board granted approval and authorized execution of the sub-recipient Agreement with
Village of Islamorada to implement a Canal Restoration Project with $128,308.50 allocated from
Monroe County's RESTORE Act Local Pot Funding with Grant No. 1 RDCGR1700077.
05 Board granted approval of the appointment of Jane Herron to the Health Council of South
Florida for a two year term in the category of Consumer, with a term expiring August 15, 2020.
06 Board granted approval to advertise a Public Hearing for October 16, 2019 at 1:30 p.m. to
consider an Ordinance amending Article I of Chapter 11 of the Monroe County Code to provide
for extending renewed periods of a local state of emergency for a period of up to seven days,
penalties, clarifying powers, duties, and roles of the Mayor, Mayor Pro Tem, County
Administrator and Emergency Management Director during state of emergency.
COUNTY ATTORNEY
P5 Board granted approval to advertise a Public Hearing to consider approval of an
Ordinance adopting the official seal of Monroe County, codifying it into the Monroe County
Code and adopting a policy for use of the adopted County seal.
P6 Board granted approval of the minutes from the public meeting held on August 8, 2019
regarding the new Marathon Library where more than one member of the BOCC appeared and
spoke. Said minutes are incorporated herein by reference.
P7 Board granted approval and authorized execution of a Contract with Interisk Corporation
to provide consultant services for the County's Worker's Compensation and Risk Management
Programs.
P8 Board granted approval to accept the proposal from the Florida Municipal Insurance
Trust Agreement 4386 to provide General Liability, Vehicle Liability and Vehicle Physical
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Damage, Public Officials/Employee Practices Liability and Excess Workers' Compensation
Insurance coverage.
P9 Board granted approval to purchase insurance for Monroe County emergency vehicles
and portable equipment from American Alternative Ins. Co. through the VFIS insurance agency;
use competitive bidding procedures purchase exemption; and authorize the Risk Management
Administrator to sign the Florida Consent to Rate/Excess Rate Application.
P10 Board granted approval and authorized execution of a Contract with James R. & D'Ann
R. Stone, Trustees under the Stone Living Trust dated January 7, 1997, to purchase a less than
fee interest in Block 1, Lot 37, Doctors Arm (PB 3-141)with parcel number 00310380-000000
and a purchase price of$43,775.00 for density reduction purposes.
P11 Board granted approval and authorized execution of a Contract with Lynn Gangi
Wintermyer to purchase a less than fee interest in Lot 26 and the south 43 feet of Lot 27,
Whispering Pines (PB 4-37)with parcel number 00285810-000000 and a purchase price of
$99,999.00 for density reduction purposes.
P12 Board granted approval and authorized execution of a Contract with Allan S., III & Susan
Burns to purchase a less than fee interest in Block 6, Lot 21, Cahill Pines and Palms (PB 3-94)
with parcel number 00244880-000000 and a purchase price of$64,500.00 for density reduction
purposes.
P13 Board granted approval and authorized execution of a Contract with David Earl & E'vina
Rae Thorne to purchase a less than fee interest in Lot 27, Hollerich Subdivision (PB 4-156)with
parcel number 00285320-000000 and a purchase price of$65,205 for density reduction purposes.
P14 Board granted approval and authorized execution of a Contract with Peter L. Rosasco, Jr.
to purchase a less than fee interest in Block 5, Lot 5, Tropical Bay Third Addition (PB 5-81)with
parcel number 00313590-000000 and a purchase price of$63,504.00 for density reduction
purposes.
P15 Board granted approval to accept donation from Michael and Nancy Klinefelter of a less
than fee interest in Lot 30, Sugarloaf Shores Plat No. 2 Section C (PB 3-53)with parcel number
00166120-000000 for density reduction purposes and authorization to execute tax forms
acknowledging receipt.
AIRPORT
T1 Board granted approval to award bid and authorized execute of a Contract with Charley
Toppino & Sons, Inc., in the amount of$56,900.00 for demolition of the former Hertz Car
Service Facility Building at the Key West International Airport. The project is being funded by
50%by FDOT Grant AQH10; and 50%by Airport Operating Fund 404.
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TOURIST DEVELOPMENT COUNCIL
T2 Board granted approval and authorized execution of an Agreement with Ladies
Invitational Tarpon Fly Tournament, Inc. for the Ladies Invitation Tarpon Fly Tournament in an
amount not to exceed $3,000.00.
PROJECT MANAGEMENT
T3 Board granted approval of a proposal submitted by American Engineers and Contractors,
Inc. for certification of the sewer condition report for the Plantation Key Government Center
required to connect to the central sewer system. Approval for County Administrator, Assistant
County Administrator, or their designee to accept the proposal on behalf of the County.
BUDGET & FINANCE
T4 Board granted approval to correct scrivener's errors, change wording for 21.0 from
unassigned to unrestricted within the Financial Policy and bring the Financial Policy in line with
Governmental Financial Officers Association Best Practices/Fund Balance Guidelines for the
General Fund.
COUNTY ATTORNEY
T5 Board granted approval and authorized execution of a Contract with AMS of South
Florida Keys, Inc. to purchase a less than fee interest in Block 7, Lot 43, Doctors Arm First
Addition (PB 4-149)with parcel number 00312430-000000 and a purchase price of$54,562.00
for density reduction purposes.
T6 Board granted approval and authorized execution of a Contract with Jane P. Gilbert, as
Trustee of the Jane P. Gilbert Living Trust under trust dated November 13, 1997, to purchase a
less than fee interest in Block 18, Lot 2, Cutthroat Harbor Estates (PB 4-165)with parcel number
00179990-000000 and a purchase price of$30,000.00 for density reduction purposes.
CODE COMPLIANCE
T7 Board granted approval and authorized execution of an Agreement for Code Compliance
consulting services with Kathleen Windsor.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Richard Strickland, Director of Airports, and Bob Shillinger, County Attorney, addressed
the Board concerning the following four items (C17, C18, C19 & C20):
C17 Approval of Purchase Service Order 45 with THC, Inc. for the Key West International
Airport Noise Insulation Program (NIP) for preparation of Final Bid Documents and Bid Process
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for Key West by the Sea, Building A (Part 1, 22 units), and Construction Management and
Administration of the NIP Construction Project at the Key West By the Sea, Building C (66
units)in the amount of$1,783,066.76; to be funded 90%by FAA Grant# 37-59; and 10%by
Passenger Facility Charge# 17. The total number of units may change if homeowners decide to
opt out of the program.
C18 Approval of Avigation Easements and Property Owner Noise Insulation Agreements for
sixty-five (65)participating units at Key West by the Sea for the Key West International Airport
Noise Insulation Program (NIP) Building C Construction Project. All project costs to be funded
90%by FAA Grant 37-59; and 10%by Passenger Facility Charge 417.
C19 Ratification and approval of Federal Aviation Administration AIP Grant Agreement 43-
12-0037-059-2019 providing $7,016,974.00 in funding for the Key West International Airport
Noise Insulation Project (NIP) at Key West by the Sea(KWBTS), Construction Management &
Administration and Construction of Building C and Preparation of Final Bid Documents & Bid
Process for Building A (Part 1). The project will be funded 90%by FAA, and 10%Passenger
Facility Charges (PFC417).
C20 Approval to waive a minor bid irregularity and award bid and contract to the second
lowest bidder DEC Contracting Group, in the amount of$5,928,071.69 for the Key West
International Airport Noise Insulation Program (NIP)project at Key West by the Sea, Building
C. Total project cost to be funded 90%by FAA Grant 37-59; and 10%by Passenger Facility
Charge (PFC 417).
After discussion, motion was made by Commissioner Rice and seconded by
Commissioner Carruthers granting conditional approval of Items C17, C18 and C20 based on
receiving the grant. Motion carried unanimously.
C19 After further discussion, motion was made by Commissioner Carruthers and seconded by
Commissioner Kolhage authorizing the Director of Airports to execute the grant and to ratify the
grant along with legal counsel. Motion carried unanimously.
HURRICANE IRMA RECOVERY
D5 Steve Williams, Assistant County Attorney, addressed the Board concerning approval to
file a circuit court action to obtain a court order authorizing demolition by the County of an
unsafe, unoccupied, non-homesteaded, uninhabitable structure located at 31473 Avenue F, Big
Pine Key, Monroe County, Florida owned by the Pierre G. Delago, Jr.; and further authorization
to initiate litigation against the property owners to enforce the lien arising from Code
Compliance Case Number CE18090059. After discussion, motion was made by Commissioner
Kolhage and seconded by Commissioner Coldiron granting approval of the item. Motion carried
unanimously.
D1 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.
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PLANNING& ENVIRONMENTAL RESOURCES, BUILDING
& CODE COMPLIANCE DEPARTMENTS
I5 Christine Hurley, Assistant County Administrator; and Karl Bursa, Chief of Floodplain
Regulatory Operations, gave a Power Point Presentation of Federal Emergency Management
Agency August 22, 2019 Flood Hazard Data; and DRAFT Flood Insurance Rate Maps (FIRMs)
availability and future timeline for PRELIMINARY FIRMs, Appeals, and FINAL FIRMs. The
Board took no official action.
STAFF REPORT
F Lisa Tennyson, Legislative Affairs & Grants Acquisition Director, gave a staff report.
Mr. Shillinger addressed the Board.
PLANNING& ENVIRONMENTAL RESOURCES, BUILDING
& CODE COMPLIANCE DEPARTMENTS
I7 Motion was made by Commissioner Carruthers and seconded by Commissioner Rice to
adopt the following Resolution amending Resolution 227-2019, the permitting fee schedule,
increasing fees based on the consumer price index for all urban consumers (CPI-U)for Fiscal
Year 2020; conforming fees to new laws, and providing for an implementation date. 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. 257-2019
Said Resolution is incorporated herein by reference.
HURRICANE IRMA RECOVERY
D9 Helene Wetherington, Director of Disaster Recovery; and Julie Dennis, President of Ovid
Solutions, gave a Power Point Presentation on the development of the Post Disaster Recovery
Strategy and identification of priority projects for funding through the Community Development
Block Grant - Mitigation Program for Infrastructure Mitigation Projects. Kevin Wilson,
Assistant County Administrator and Ms. Hurley addressed the Board. The Board took no official
action.
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COMMISSIONER'S ITEMS
M2 Mr. Shillinger addressed the Board concerning consideration of a motion to reconsider
the approval of a Resolution amending Section 1.03 b) Sounding Board of the BOCC
Administrative Procedures. The following individuals addressed the Board: Donald Fritch,
Nancy Bean and Marlen Weeks. After discussion, motion was made by Commissioner Coldiron
and seconded by Commissioner Rice to eliminate the new language that placed frequency
requirements and change it back to scheduling a time approximate. Roll call vote carried
unanimously.
COUNTY ADMINISTRATOR
02 Alicia Betancourt, UF, IFAS County Education Director; Mr. Shillinger and Ms. Hurley
addressed the Board concerning a Resolution which acknowledges receipt of the
recommendations as developed by the Monroe County Climate Change Advisory Committee and
directs County staff to review for consistency with previous BOCC action. The following
individual addressed the Board: Val Marmillion, representing Climate Change Advisory
Committee. After discussion, motion was made by Commissioner Carruthers and seconded by
Commissioner Kolhage to adopt the following Resolution. Roll call vote carried unanimously.
RESOLUTION NO. 258-2019
Said Resolution is incorporated herein by reference.
MISCELLANEOUS BULK APPROVAL
C1 Board discussed approval of a Resolution by the Monroe County Board of County
Commissioners extending the Climate Change Advisory Committee (CCAC) to allow the
members to continue making recommendations regarding climate change mitigation and
adaptation strategies. The CCAC is requesting that their mission include community education
on climate change. A new sunset date of October 1, 2021 is established. After discussion,
motion was made by Commissioner Carruthers and seconded by Commissioner Rice
recommending a resolution that directs the CCAC to reconsider its mission,particularly with
regard to what the County does going forward, including funding for the kind of mitigations
steps we're going to need to take, what CCAC sees its role as; come back to the Board within 6
months with a revised mission and at that point the Board will determine how long to extend the
committee. Roll call vote carried unanimously.
COMMISSIONER'S ITEM
M7 Ms. Hurley, Emily Schemper, Sr. Director Planning & Environmental Resources, and
Mr. Shillinger addressed the Board concerning direction regarding OceanPointe Condominium
issues. The following individuals addressed the Board: Nicholas W. Mulick, representing
Association of Ocean Pointe Waterways; Barry Wray, George Smyth, Tom Rodriguez, Bart
Smith, representing Provident Key Largo at Ocean Pointe; and Amy Slate. The Board took no
official action.
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PUBLIC HEARINGS
Q1 A Public Hearing was held to consider an application for issuance of a Class B Certificate
of Public Convenience and Necessity to Freccia Rossa Transportation for the operation of Non-
Emergency Medical Transportation Service in all unincorporated and incorporated areas within
Monroe County for the period September 18, 2019 through September 17, 2021. The following
individuals addressed the Board: Eddy Bocella and Edgard Miranda, representing Florida Keys
Ambulance; and David Migut and John Johnson,representing the City of Marathon. After
discussion, motion was made by Commissioner Rice and seconded by Commissioner Coldiron to
deny the item. Roll call vote carried unanimously.
Q2 A Public Hearing was held to consider a Resolution by the Monroe County Board of
County Commissioners transmitting to the State Land Planning Agency an Ordinance by the
Monroe County Board of County Commissioners amending Monroe County Comprehensive
Plan Policy 101.3.2 to extend the time period of the Rate of Growth Ordinance(ROGO) through
2026; providing for severability; providing for repeal of conflicting provisions;providing for
transmittal to the State Land Planning Agency and the Secretary of State; providing for inclusion
in the Monroe County Comprehensive Plan;providing for an effective date. Ms. Schemper
addressed the Board. There was no public input. Motion was made by Commissioner
Carruthers and seconded by Commissioner Kolhage to adopt the following Resolution. Motion
carried unanimously.
RESOLUTION NO. 259-2019
Said Resolution is incorporated herein by reference.
Q3 A Public Hearing was held to consider a Resolution by the Monroe County Board of
County Commissioners transmitting to the State Land Planning Agency an Ordinance by the
Monroe County Board of County Commissioners amending Monroe County Year 2030
Comprehensive Plan, Policy 101.5.31 maximum height within Ocean Reef, a gated master
planned community, to include additional language to allow structures within Ocean Reef to
exceed the maximum height limit, upon evidence submitted to and a height variance approved by
the Ocean Reef Community Association, Inc. ("Master Association"), as proposed by
Smith/Hawks, PL on behalf of Ocean Reef Club, Inc.; providing for severability;providing for
repeal of conflicting provisions; providing for transmittal to the State Land Planning Agency and
the Secretary of State; providing for inclusion in the Monroe Year 2030 Comprehensive Plan;
providing for an effective date. The following individuals addressed the Board: Lance Bottari,
and Bart Smith, representing the applicant. Ms. Schemper, Mr. Gastesi, Ms. Hurley and Mr.
Shillinger addressed the Board. After discussion, motion was made by Commissioner Rice and
seconded by Commissioner Coldiron to approve transmittal of the proposed amendment as
recommended by staff in the draft Ordinance and to include the applicant's requested change, as
follows:
Policy 101.5.31 For Ocean Reef, a gated master planned community which is inaccessible to the
surrounding community, and has a distinct community character, buildings may include non-
habitable architectural decorative features (such as finials, railings, widow's walk,parapets) that
exceed the 35-foot height limit in Policy 101.5.30, but such features shall not exceed 5 feet
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above the building's roof-line. This exception shall not result in a building together with any
architectural decorative feature with a height that would exceed 40 feet.
In addition, within the Ocean Reef gated master planned community, Lapon evidence submitted
that a .,,,.a,nee to the proposed building _height has been approved by has been approved by the master association
based en ri*ori established f r a vaFianee by toe m rite..a ati-e , buildings containing
multifamily residential, transient, and/or nonresidential uses may be developed or redeveloped to
a total maximum building height of 60 feet,provided the buildings are limited to four(4)
habitable floors.
As used in this policy, a master planned community means a planned community of 100 or more
acres in area subject to a master plan or other development order approved by the county where
public access is restricted and the community is operated and maintained by the community
including the provision of comprehensive,private utilities and transportation facilities and
services within its boundaries and a homeowners association or similar entity which regulates
development standards and monitors development requests by its members.
Roll call vote carried unanimously.
RESOLUTION NO. 260-2019
Said Resolution is incorporated herein by reference.
CLOSED SESSIONS
J3 Mr. Shillinger announced an Attorney-Client Closed Session in the matter of Galleon
Bay v. Monroe County, et al., CAK-02-595 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 Derrick Howard and Peter Morris; and a
certified court reporter.
Mayor Murphy declared the open session of the meeting closed. After the closed session, the
meeting was re-opened.
J4 Mr. Shillinger announced an Attorney-Client Closed Session in the matter of Coral
Hammock Rental, LLC v. Monroe County, et al., CAK-17-588 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 Derrick Howard, Peter
Morris and 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.
J5 Mr. Shillinger announced an Attorney-Client Closed Session in the matter of Sirena Key
v. Monroe County, et al., 18-CA-000704-P and read the required language into the record
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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 Derrick Howard, Peter Morris and 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.
COMMISSIONER'S ITEMS
M3 Dr. Jonathan Gueverra, President College of the Florida Keys, gave a Power Point
Presentation concerning direction on seeking re-designation and separating Monroe County from
Career Source South Florida, Region 23, which currently comprises Miami-Dade and Monroe
Counties. The following individual addressed the Board: Daniel Samess, representing the
Marathon Chamber of Commerce. Mr. Shillinger addressed the Board. After discussion, motion
was made by Commissioner Coldiron and seconded by Commissioner Carruthers for staff to
look into re-designating Monroe County to be our own standalone entity outside of Career
Source, Region 23. Motion carried unanimously.
M4 Motion was made by Commissioner Carruthers and seconded by Commissioner Rice
granting approval for the appointment of Michelle Coldiron to the Career Source South Florida
Board of Directors for a one year term. Motion carried unanimously.
M5 Motion was made by Commissioner Rice and seconded by Commissioner Kolhage to
adopt the following Resolution of support to revise DEO State Action Plan, which would allow
public universities and colleges, namely the College of the Florida Keys, to apply for and
distribute state and federal dollars for program development. Motion carried unanimously.
RESOLUTION NO. 261-2019
Said Resolution is incorporated herein by reference.
SOUNDING BOARDS
R1 Gary Gross gave a Power Point Presentation regarding air curtain issues on Canals 83 and
84 in Key Largo. Rhonda Haag, Director Sustainability &Projects, addressed the Board. The
Board took no official action.
R2 Melanie Horowitz and Marleen Weeks addressed the Board regarding Tract E on Atlantic
Boulevard grant submission, Key Largo Park green space resolution, and changes to the
Sounding Board policy. The following individuals addressed the Board: David Vincent, Rick
Houser, Phyllis Kronheim, Steve Kronheim, Jamie MacShane, Barbara Teichman, Carin Hunt,
Paul Bean, Siena& Isis Wright, Fred Nickerson, Nancy Bean, Don Fritch, Terri Regelmann and
Stephanie Frink. Ms. Hurley and Mr. Gastesi addressed the Board. The Board took no official
action.
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COMMISSIONER ITEM
M6 Judith Clarke, Director Engineering/Roads & Bridges, addressed the Board concerning
the removal of the bike lane on Cross Street, Stock Island. After discussion, motion was made
by Commissioner Kolhage and seconded by Commissioner Rice to eliminate the bike lane
between the bridge and 51' Street and make that lane a share lane. Roll call vote was taken with
the following results:
Commissioner Carruthers Yes
Commissioner Coldiron Yes
Commissioner Kolhage Yes
Commissioner Rice Yes
Mayor Murphy No
Motion carried.
COUNTY ADMINISTRATOR
P4 Mr. Shillinger addressed the Board concerning direction on developing County policy for
addressing concerns raised by residents living in neighborhoods where live- aboard boaters
access land through filled land that exist between the edge of the County's right of way and the
shoreline. The following individual addressed the Board: Juan Vazquez. The Board took no
official action.
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 and
Mayor Bruce Halle. Vice Mayor Greg Lewis was absent.
H1 James Callahan, Fire Chief, addressed the Board concerning approval to award the annual
lump sum bonus to the Billing Staff in the amount of 10% of unloaded base salaries; based on an
average collection rate of 66.52% compared to the baseline collection rate of 33.7% for the
period July 1, 2018 to June 30, 2019. After discussion, motion was made by Commissioner Rice
and seconded by Commissioner Kolhage granting approval of the item. Motion carried
unanimously.
The Board of Governors, Fire & Ambulance District 1, adjourned. The Board of County
Commissioners meeting reconvened with all commissioners present.
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COUNTY ATTORNEY
P3 Mr. Shillinger addressed the Board concerning approval of the Keys Overnight
Temporary Shelters and Essential Governmental Employee Housing Interlocal Agreement with
the City of Key West. The following individuals addressed the Board: Jed Molleston,
representing Steamplant Condominium; and Sheriff Rick Ramsay. After discussion, motion was
made by Commissioner Rice and seconded by Commissioner Carruthers granting approval of the
item. Motion carried unanimously.
COUNTY ADMINISTRATOR
01 Mr. Gastesi referred the Board to the County Administrator's monthly report for
September 2019. Said report is incorporated herein by reference.
04 Mr. Wilson, Ms. Boan and Mr. Gastesi addressed the Board concerning approval of a
Contract for the Purchase of the building at 2945-2975 Overseas Highway in Marathon for a new
office location for the State Attorney and other County offices. After discussion, motion was
made by Commissioner Kolhage and seconded by Commissioner Carruthers granting approval
of the item. Motion carried unanimously.
COUNTY ATTORNEY
P1 Mr. Shillinger referred the Board to the County Attorney monthly report for September
2019. Said report is incorporated herein by reference.
Mr. Shillinger requested that the following two items (J1 & J2)be continued to the
October 16, 2019 BOCC meeting in Marathon:
J1 An Attorney-Client Closed Session in the matter of Board of County Commissioners of
Monroe County, Florida v. Faresh Miguel Atala, Case No. 18-CA-000809-P.
J2 An Attorney-Client Closed Session in the matter of Board of County Commissioners of
Monroe County, Florida v. Norman Wartman, Case No. 18-CA-000830-P.
Motion was made by Commissioner Carruthers and seconded by Commissioner Kolhage
to continue the above two items (J1 & J2) to the October 16, 2019 BOCC meeting in Marathon
at 1:30 p.m. or as soon thereafter as may be heard. Motion carried unanimously.
J6 Mr. Shillinger advised the Board that the Attorney-Client Closed Session in the matter of
Burke Construction Group, Inc. v. Monroe County, Case No. 19-CA-80-Mis deleted from the
agenda.
P2 Mr. Shillinger addressed the Board concerning approval of a Resolution establishing
procedures for the sale of deed-restricted County-owned parcels on Duck Key that were acquired
for density reduction purposes. The item was continued to the October 16, 2019 BOCC meeting
in Marathon.
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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
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