12/11/2019 Regular MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, December 11, 2019
Key Largo, Florida
A regular meeting of the Monroe County Board of County Commissioners convened at
9:00 a.m. at the Murray Nelson Government Center. Present and answering to roll call were
Commissioner Michelle Coldiron, Commissioner Sylvia Murphy, Commissioner David Rice,
and Mayor Heather Carruthers. 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
Al Motion was made by Commissioner Rice and seconded by Commissioner Murphy
granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
B 1 Presentation of Mayor's Proclamation recognizing the volunteer work performed by
SNIP - Spay and Neuter in Paradise in Monroe County, Florida.
B2 Presentation of Years of Service Award for fifteen years of service to Judith Clarke,
Director of Engineering/Roads & Bridges.
PUBLIC HEARING
04 Bob Shillinger, County Attorney; and Roman Gastesi, County Administrator, addressed
the Board concerning the second of two required Public Hearings 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. After discussion, motion was made by Commissioner Rice and seconded by
Commissioner Coldiron to continue the item to the January 22, 2020 BOCC meeting in
Marathon. Motion carried unanimously.
BULK APPROVALS
Motion was made by Commissioner Rice and seconded by Commissioner Coldiron
granting approval of the following items by unanimous consent:
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C1 Board granted approval to negotiate a Contract with Stantec Consulting Services, Inc.,
the highest ranked respondent for Engineering Design and Permitting Services, for the No Name
Key Bridge and State Road 4A Hurricane Irma Repair Projects. If successful negotiations cannot
be reached, approval to negotiate a Contract with the next highest ranked respondent until
successful negotiations are reached.
C2 Board accepted the report of monthly Change Orders for the month of November 2019,
reviewed by the County Administrator/Assistant Administrator. Said report is incorporated
herein by reference.
C3 Board granted approval to apply for Alzheimer's Disease Initiative Program Contract
between the Alliance for Aging, Inc., and Monroe County Board of County
Commissioners/Monroe County Social Services In-Home Services for the Contract Year 2020-
2021 (July 1, 2020-June 30, 2021)in the amount of$189,458.00.
C4 Board granted approval to enter into an Employment Agreement/Contract with Dina Stitt
to fulfill the position of Fire Rescue EMS Billing Supervisor effective on December 12, 2019;
and authorization for the County Administrator/Fire Chief to execute all necessary documents.
C6 Board granted approval to purchase one 2020 Ford F-350 Crew Cab Chassis Dual Rear
Wheel 2WD XL Diesel Truck; and approval to purchase options from Alan Jay Fleet Sales under
National Auto Fleet 2020 Contract 4120716-NAF for a total price of$66,774.00; and approval
for the Fire Chief to execute all necessary documentation.
C7 Board granted approval and authorized execution of a 1st Amendment to Agreement for a
one year renewal and a CPI-U adjustment of 1.9%with Salute Watersports, LLC for the Mobile
Retail Merchandise or Service Concession at Higgs Beach.
C9 Board adopted the following Resolution authorizing the acceptance of a two month lease
extension (attached as Exhibit A) extending the existing lease with Limetree Bay Owners, LLC
for Unit 10 located at 68250 Overseas Highway (attached as Exhibit B).
RESOLUTION NO. 420-2019
Said Resolution is incorporated herein by reference.
C10 Board granted approval to purchase one new Case IH MAXXUM 115 Tractor with
MoTrim Mid Mount 25' Boom, Rotary Mower from Glade and Grove Supply Co. in the amount
of$125,150.00 by "piggybacking" the Florida Sheriff's Association Contract: FSA19-VEH17.0
Spec 427 for the Solid Waste Department.
C11 Board granted approval and authorized execution of the I"Amendment to Agreement
with Synovia Solutions, LLC to expand the GPS based transportation management software
services for various County Departments and utilizing cooperative purchasing and pricing under
a competitively bid solicitation issued by Sourcewell, a Minnesota unit of government under
Contract 4022217-SSL, for Fleet Management and Related Technology Solutions.
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C13 Board granted approval to dispose of surplus units described on attached deletion forms;
granted approval to allow Bidera Auctions of Miami Dade County Florida to advertise and sell
described vehicles through online auction; and granted approval for the Mayor to sign titles and
unit release forms in order to initiate same. Said forms are incorporated herein by reference.
C14 Board granted approval to award bid and authorized execution of a Contract with the
second lowest bidder DL Porter Constructors, Inc. in the amount of$1,896,432.00 for the
Departure Hall Renovations - Restrooms, Pet Relief Station and Hold Room Expansion Project
at the Key West International Airport as the lowest bidder did not meet the established DBE
participation goal of 10.2%. The project is being paid from Fund 406 Passenger Facility Charge
(PFC418); FDOT Grant GOR05; and/or Airport Operating Fund 404.
C15 Board granted approval and authorized execution of Jacobs Project Management Co.'s
PSO 12/15-56 in the amount of$199,268.00 for Construction Administration Support Services
for the Departure Hall Renovations - Restroom, Pet Relief Station and Hold Room Expansion
project at Key West International Airport. The PSO will be funded 100% from Fund 406
Passenger Facility Charge(PFC 418).
C16 Board granted approval and authorized execution of Jacobs Project Management Co.'s
Task Order No.12/15-66 for Airport Noise Program Coordinator Services PSO 466 in the
amount of$100,413.00; to be funded 90%by FAA Grant# 0037-059; and 10%Passenger
Facility Charges Fund 406 (PFC417).
C17 Board granted approval and authorized execution of State of Florida Department of
Transportation Supplemental Joint Participation Agreement No. 3 to Contract No. GOE44
providing $250,000.00 in additional funding for Environmental Assessment, at the Florida Keys
Marathon International Airport, to be funded 80% FDOT; and 20% Marathon Airport Operating
Funds.
C18 Board granted approval and authorized execution of State of Florida Department of
Transportation Supplemental Joint Participation Agreement No. 3 to Contract No. G0I22 adding
$200,000.00 in additional funding to conduct Planning Studies at the Florida Keys Marathon
International Airport; to be funded 80% FDOT; and 20%Marathon Airport Operating Funds.
C19 Board granted approval and authorized execution of the 1st Amendment to Contract with
G&S Mechanical USA, Inc. for the Baggage Conveyor System Upgrade Project at the Key West
International Airport to clarify that the original contract for the project is a lump sum agreement.
C20 Board accepted the report of Airport Change Orders for the month of September 2019,
reviewed by the County Administrator/Assistant Administrator. Said report is incorporated
herein by reference.
C21 Board adopted the following Resolutions for the Transfer of Funds and for the Receipt of
Unanticipated Revenue:
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Receipt of Unanticipated Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 421-2019
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 422-2019
Said Resolution is incorporated herein by reference.
Amending Resolution Number 331-2019 (OMB Schedule Item No. 3).
RESOLUTION NO. 423-2019
Said Resolution is incorporated herein by reference.
Transfer of Funds(OMB Schedule Item No. 4).
RESOLUTION NO. 424-2019
Said Resolution is incorporated herein by reference.
Amending Resolution Number 336-2019 (OMB Schedule Item No. 5).
RESOLUTION NO. 425-2019
Said Resolution is incorporated herein by reference.
Transfer of Funds(OMB Schedule Item No. 6).
RESOLUTION NO. 426-2019
Said Resolution is incorporated herein by reference.
Transfer of Funds(OMB Schedule Item No. 7).
RESOLUTION NO. 427-2019
Said Resolution is incorporated herein by reference.
Transfer of Funds(OMB Schedule Item No. 8).
RESOLUTION NO. 428-2019
Said Resolution is incorporated herein by reference.
Transfer of Funds(OMB Schedule Item No. 9).
RESOLUTION NO. 429-2019
Said Resolution is incorporated herein by reference.
Transfer of Funds(OMB Schedule Item No. 10).
RESOLUTION NO. 430-2019
Said Resolution is incorporated herein by reference.
Transfer of Funds(OMB Schedule Item No. 11).
RESOLUTION NO. 431-2019
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 432-2019
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 433-2019
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 434-2019
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 435-2019
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 436-2019
Said Resolution is incorporated herein by reference.
C22 Board granted approval of award of bid and authorized execution of a Contract with
Beach Raker, LLC for Beach Cleaning, Maintenance and Beautification at Higgs Beach. TDC is
the funding source.
HURRICANE IRMA RECOVERY
D2 Board adopted the following Resolution authorizing the County Administrator or his
designee to complete, execute, and record Affordable Housing Deed Restrictions for a proposed
"Tiny Home"/Code Compliant small modular unit(s) for affordable housing for the following
sites: 1)Porpoise Point Section 6, Big Coppitt Key (approximate mile marker 10.5) the corner of
Emerald Drive, Tamarind Drive and US 1, Tract "A", having real estate number 00156610-
000000; 2) Lot 2, Block 23, Cudjoe Gardens Eighth Addition, Cudjoe Key (approximate mile
marker 21) at the corner of 1st Avenue and Drost Drive, having real estate number 00174635-
004500; and 3) Lot 1, Block 19, Breezeswept Beach Estates, Ramrod Key (approximate mile
marker 27.5) at the corner of West Indies Drive, having real estate number 00205890-000000.
RESOLUTION NO. 437-2019
Said Resolution is incorporated herein by reference.
D3 Board granted approval and authorized execution of the 2nd Amendment to the Inter-local
Agreement between Monroe County and the South Florida Regional Planning Council to
approve a time extension, from November 30, 2019 to December 30, 2019 for delivery of the
final plan; and from January 15, 2020 to February 28, 2020 for the printing of the Post Disaster
Recovery Strategy to coordinate proposed activities with the newly issued draft Community
Development Block Grant Mitigation Program for Infrastructure Mitigation State Action Plan.
D4 Board granted approval of the Ratification of Board approval on November 20, 2019 of a
Resolution (Resolution No. 409-2019) 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
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23, Cudjoe Gardens Eighth Addition, Cudjoe Key (approximate mile marker 21), having
property identification number 00174635-004500, until December 31, 2020.
PLANNING& ENVIRONMENTAL RESOURCES, BUILDING
& CODE COMPLIANCE DEPARTMENTS
H1 Board adopted the following Resolution to rescind the reservation of five affordable
housing allocations consisting of four low income and one very low income affordable housing
allocations for a five unit affordable housing development located on Homestead Avenue,
Atlantic Boulevard and St. Croix Place, Part Tract "E" and part of abandoned St. Croix Place,
Port Largo, Key Largo (approximate mile marker 99.5), having real estate number 00453440-
001100.
RESOLUTION NO. 438-2019
Said Resolution is incorporated herein by reference.
H2 Board granted approval and authorized execution of the 5th and 6th Amendments to
Lease No. 4549 between Monroe County and the State of Florida for the management of certain
State owned conservation lands.
SHERIFF'S OFFICE
J1 Board granted approval of the Request for Expenditure from the Law Enforcement Trust
Fund, as follows: $5,500.00 Monroe County Sheriffs Office: to help the MCSO Animal Farm
with items needed for various annual events including "Easter on the Farm" and "Christmas on
the Farm"for the year 2020.
COUNTY CLERK
L1 Board granted approval of Tourist Development Council expenses for the month of
November, as follows: Advertising, in the amount of$0.00; Bricks & Mortar Projects, in the
amount of$ 15,217.35; Events, in the amount of$198,531.19; Office Supplies & Operating
Costs, in the amount of$51,670.52; Personnel Services, in the amount of$0.00; Public
Relations, in the amount of$98,501.87; Sales & Marketing, in the amount of$ $96,807.80;
Telephone &Utilities, in the amount of$ $7,938.98; Travel, in the amount of$13,561.30;
Visitor Information Services, in the amount of$109,583.25.
L2 Board granted approval to remove surplus equipment from inventory via disposal or
advertise for bid. Said list is incorporated herein by reference.
L3 Board granted approval of BOCC Warrants (Including Payroll) for the period November
2019, 10061652-10062450, 50005189-50005210 (PR), 3118975-3120182 (PR Voucher), 25214-
25301 (WC), as follows: 001 General Fund, in the amount of$2,518,615.81; 101 Fine &
Forfeiture Fund, in the amount of$4,379,830.70; 102 Road& Bridge Fund, in the amount of
$1,602,113.94; 104 Middle Keys Health Care MSTU, in the amount of$8,712.69; 115 TDC
District Two Penny, in the amount of$349,219.71; 116 TDC Admin &Promo 2 Cent, in the
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amount of$138,123.97; 117 TDC District 1,3 Cent, in the amount of$203,885.15; 118 TDC
District 2,3 Cent, in the amount of$16,773.79; 119 TDC District 3,3 Cent, in the amount of
$17,215.43; 120 TDC District 4,3 Cent, in the amount of$16,377.67; 121 TDC District 5,3 Cent,
in the amount of$28,901.51; 125 Gov Fund Type Grants, in the amount of$1,404,767.99; 141
Fire & Amb Dist 1 L&M Keys, in the amount of$728,105.75; 147 Uninc Svc Dist Parks & Rec,
in the amount of$93,961.05; 148 Plan, Build, Zoning, in the amount of$442,030.26; 149
Municipal Policing, in the amount of$618,547.64; 152 Duck Key Security Dist, in the amount of
$6,497.56; 153 Local Housing Assistance, in the amount of$96,318.98; 157 Boating
Improvement Fund, in the amount of$7,500.00; 158 Misc. Special Revenue Fund, in the amount
of$30,703.97; 160 Environmental Restoration, in the amount of$10,509.37; 163 Court
Facilities, in the amount of$23,381.01; 164 Drug Facilities Fees, in the amount of$6,586.61;
171 Stock Island Wastewater, in the amount of$436.56; 180 Building Funds, in the amount of
$318,446.03; 207 2003 Revenue Bonds, in the amount of$4,843,420.00; 304 1 Cent Infra
Surtax, in the amount of$171,333.53; 308 Clerk's Revenue Note, Capital, in the amount of
$74,535.39; 310 Big Coppitt Wastewater, in the amount of$456.73; 312 Cudjoe Regional WW
Proj, in the amount of$6,681.51; 314 Series 2014 Revenue Bonds, in the amount of
$457,389.78; 316 Land Acquisition, in the amount of$180,434.00; 401 Card Sound Bridge, in
the amount of$64,509.16; 403 Marathon Airport, in the amount of$120,463.62; 404 Key West
Intl Airport, in the amount of$662,648.40; 414 MSD Solid Waste, in the amount of
$1,483,905.42; 501 Worker's Compensation, in the amount of$141,260.94; 502 Group
Insurance Fund, in the amount of$122,212.47; 503 Risk Management Fund, in the amount of
$75,445.69; 504 Fleet Management Fund, in the amount of$144,102.17.
COUNTY ADMINISTRATOR
M3 Board granted approval and authorized execution of the 1st Amendment to the Social
Services Shopping Center Lease Agreement at the Tradewinds site in Key Largo as to the
landlord's new address under the "Notice or Other Communications" provision.
M5 Board granted approval and authorized execution of the 2nd Amendment to Agreement
with the Medical Examiner, to provide that the Medical Examiner shall receive a vehicle stipend,
in the amount of$800.00 per month, in lieu of submitting travel expenses; and also to provide
that a portion of funds may be used for pension plan contributions for the Medical Examiner and
his staff.
M6 Board granted approval and authorized execution of a new annual Agreement with
Anfield Consulting, Inc. for lobbying services on behalf of Monroe County in the legislative and
executive branches of state government effective December 1, 2019.
M7 Board granted approval and authorized execution of an Amendment to Contract with
Innovative Interfaces (originally Polaris) to subscribe to SkyRiver, a bibliographic tool for
library cataloging, at a cost of$3,250.00 for set up/implementation and $4,250.00 annually for a
three year subscription.
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COUNTY ATTORNEY
N3 Board granted approval and authorized execution of an Administrative Law Judge
(Hearing Officer) Services Contract with the Division of Administrative Hearings.
N4 Board granted approval and authorized execution of the 41'Amendment to Agreement,
for Provision of Legal Services, with Bolton, Helm & Augustine, LLP (outside counsel for
workers' compensation cases)to add the name of new attorney timekeeper.
N5 Board granted approval and authorized execution of an Amendment to Agreement with
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC for representation relating to the
County's appeal of FEMA's denial of costs to remove the $49,999.99 cap.
N6 Board granted approval to advertise a Public Hearing to consider adoption of an
Ordinance amending Section 25-2 (a), of the Monroe County Code, to remove the established
speed zones for County maintained roads within the City of Key West that were inadvertently
reinserted into the Monroe County Code upon adoption of Ordinance No. 008-2019; and adding
Cabanas Way, an additional unplatted access road to Key West International Airport properties,
in addition to the unplatted access road at Higgs Beach Park/portion of Atlantic Boulevard and
the other unplatted access roads at Key West International Airport(Stickney Lane, Faraldo
Circle and Nancy Cherry Way) already in the Monroe County Code.
N7 Board granted approval and authorized execution of a Contract with Robert E. & Debra J.
Berger, as trustees of the Robert E. Berger Revocable Trust dated February 1, 2001, to purchase
a less than fee interest in Block 2, Lot 7, Eden Pines Colony (PB 4-158)with parcel number
00264690-000000; and a purchase price of$28,750.00 for density reduction purposes.
N8 Board granted approval and authorized execution of a Contract with Pedro M. Perez to
purchase a less than fee interest in Block 7, Lot 1, Cahill Pines and Palms (PB 3-94)with parcel
number 00245060-000000; and a purchase price of$64,500.00 for density reduction purposes.
N9 Board granted approval and authorized execution of a Contract with Amy Herman to
purchase a less than fee interest in Lot 42, Amended Plat of Dolphin Harbour(PB 6-116)with
parcel number 00319492-004200; and a purchase price of$30,800.00 for density reduction
purposes.
R1 Board granted approval of the ratification and authorized execution of the Lower Keys
Bus Service Interlocal Agreement (ILA)between Monroe County, the City of Key West and the
City of Marathon approved by the Board on October 16, 2019 (N1), with added Exhibit A and
added language to Section 4 of the ILA citing the added Exhibit A for the record.
R2 Board adopted the following Resolution opposing the decertification of any Monroe
County Court Judgeships.
RESOLUTION NO. 439-2019
Said Resolution is incorporated herein by reference.
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SOCIAL SERVICES
R3 Board granted approval and authorized execution of an Annual Agreement between
Tranquility Bay Adult Day Care (Key Largo) and Monroe County Social Services to provide
Facility Based Respite Services to elderly and disabled citizens residing throughout Monroe
County, in an amount not to exceed $80,000.00, for the period of July 1, 2019 through June 30,
2020.
PROJECT MANAGEMENT
R6 Board granted approval and authorized execution of Phase 1 of a Hazard Mitigation Grant
Program Agreement with the Florida Department of Emergency Management to provide design
funding,in the amount of$916,071.21, for the Emergency Operations Center at the Marathon
Airport.
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, Councilman Greg Lewis
and Mayor Bruce Halle.
G1 Chief James Callahan addressed the Board concerning approval to enter into an
Employment Agreement/Contract with Dina Stitt to fulfill the position of Fire Rescue EMS
Billing Supervisor effective on December 12, 2019, and authorization for the County
Administrator/Fire Chief to execute all necessary documents. After discussion, motion was
made by Commissioner Rice and seconded by Commissioner Murphy granting approval of the
item. Motion carried unanimously.
G2 Chief Callahan addressed the Board concerning approval of a Resolution authorizing the
acceptance of a two month lease extension (attached as Exhibit A) extending the existing lease
with Limetree Bay Owners, LLC for Unit 10 located at 68250 Overseas Highway (attached as
Exhibit B). After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner Rice to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 440-2019
Said Resolution is incorporated herein by reference.
The Board of Governors, Fire & Ambulance District 1, adjourned. The Board of County
Commissioners meeting reconvened with all commissioners present.
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C1 Board granted approval to negotiate a Contract with Stantec Consulting Services, Inc.,
the highest ranked respondent for Engineering Design and Permitting Services, for the No Name
Key Bridge and State Road 4A Hurricane Irma Repair Projects. If successful negotiations cannot
be reached, approval to negotiate a Contract with the next highest ranked respondent until
successful negotiations are reached.
C2 Board accepted the report of monthly Change Orders for the month of November 2019,
reviewed by the County Administrator/Assistant Administrator. Said report is incorporated
herein by reference.
C3 Board granted approval to apply for Alzheimer's Disease Initiative Program Contract
between the Alliance for Aging, Inc., and Monroe County Board of County
Commissioners/Monroe County Social Services In-Home Services for the Contract Year 2020-
2021 (July 1, 2020-June 30, 2021)in the amount of$189,458.00.
C4 Board granted approval to enter into an Employment Agreement/Contract with Dina Stitt
to fulfill the position of Fire Rescue EMS Billing Supervisor effective on December 12, 2019;
and authorization for the County Administrator/Fire Chief to execute all necessary documents.
C6 Board granted approval to purchase one 2020 Ford F-350 Crew Cab Chassis Dual Rear
Wheel 2WD XL Diesel Truck; and approval to purchase options from Alan Jay Fleet Sales under
National Auto Fleet 2020 Contract 4120716-NAF for a total price of$66,774.00; and approval
for the Fire Chief to execute all necessary documentation.
C7 Board granted approval and authorized execution of a 1st Amendment to Agreement for a
one year renewal and a CPI-U adjustment of 1.9%with Salute Watersports, LLC for the Mobile
Retail Merchandise or Service Concession at Higgs Beach.
C9 Board adopted the following Resolution authorizing the acceptance of a two month lease
extension (attached as Exhibit A) extending the existing lease with Limetree Bay Owners, LLC
for Unit 10 located at 68250 Overseas Highway (attached as Exhibit B).
RESOLUTION NO. 420-2019
Said Resolution is incorporated herein by reference.
C10 Board granted approval to purchase one new Case IH MAXXUM 115 Tractor with
MoTrim Mid Mount 25' Boom, Rotary Mower from Glade and Grove Supply Co. in the amount
of$125,150.00 by "piggybacking" the Florida Sheriff's Association Contract: FSA19-VEH17.0
Spec 427 for the Solid Waste Department.
C11 Board granted approval and authorized execution of the I"Amendment to Agreement
with Synovia Solutions, LLC to expand the GPS based transportation management software
services for various County Departments and utilizing cooperative purchasing and pricing under
a competitively bid solicitation issued by Sourcewell, a Minnesota unit of government under
Contract 4022217-SSL, for Fleet Management and Related Technology Solutions.
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C13 Board granted approval to dispose of surplus units described on attached deletion forms;
granted approval to allow Bidera Auctions of Miami Dade County Florida to advertise and sell
described vehicles through online auction; and granted approval for the Mayor to sign titles and
unit release forms in order to initiate same. Said forms are incorporated herein by reference.
C14 Board granted approval to award bid and authorized execution of a Contract with the
second lowest bidder DL Porter Constructors, Inc. in the amount of$1,896,432.00 for the
Departure Hall Renovations - Restrooms, Pet Relief Station and Hold Room Expansion Project
at the Key West International Airport as the lowest bidder did not meet the established DBE
participation goal of 10.2%. The project is being paid from Fund 406 Passenger Facility Charge
(PFC418); FDOT Grant GOR05; and/or Airport Operating Fund 404.
C15 Board granted approval and authorized execution of Jacobs Project Management Co.'s
PSO 12/15-56 in the amount of$199,268.00 for Construction Administration Support Services
for the Departure Hall Renovations - Restroom, Pet Relief Station and Hold Room Expansion
project at Key West International Airport. The PSO will be funded 100% from Fund 406
Passenger Facility Charge(PFC 418).
C16 Board granted approval and authorized execution of Jacobs Project Management Co.'s
Task Order No.12/15-66 for Airport Noise Program Coordinator Services PSO 466 in the
amount of$100,413.00; to be funded 90%by FAA Grant# 0037-059; and 10%Passenger
Facility Charges Fund 406 (PFC417).
C17 Board granted approval and authorized execution of State of Florida Department of
Transportation Supplemental Joint Participation Agreement No. 3 to Contract No. GOE44
providing $250,000.00 in additional funding for Environmental Assessment, at the Florida Keys
Marathon International Airport, to be funded 80% FDOT; and 20% Marathon Airport Operating
Funds.
C18 Board granted approval and authorized execution of State of Florida Department of
Transportation Supplemental Joint Participation Agreement No. 3 to Contract No. G0122 adding
$200,000.00 in additional funding to conduct Planning Studies at the Florida Keys Marathon
International Airport; to be funded 80% FDOT; and 20% Marathon Airport Operating Funds.
C19 Board granted approval and authorized execution of the 1st Amendment to Contract with
G&S Mechanical USA, Inc. for the Baggage Conveyor System Upgrade Project at the Key West
International Airport to clarify that the original contract for the project is a lump sum agreement.
C20 Board accepted the report of Airport Change Orders for the month of September 2019,
reviewed by the County Administrator/Assistant Administrator. Said report is incorporated
herein by reference.
C21 Board adopted the following Resolutions for the Transfer of Funds and for the Receipt of
Unanticipated Revenue:
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Receipt of Unanticipated Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 421-2019
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 422-2019
Said Resolution is incorporated herein by reference.
Amending Resolution Number 331-2019 (OMB Schedule Item No. 3).
RESOLUTION NO. 423-2019
Said Resolution is incorporated herein by reference.
Transfer of Funds(OMB Schedule Item No. 4).
RESOLUTION NO. 424-2019
Said Resolution is incorporated herein by reference.
Amending Resolution Number 336-2019 (OMB Schedule Item No. 5).
RESOLUTION NO. 425-2019
Said Resolution is incorporated herein by reference.
Transfer of Funds(OMB Schedule Item No. 6).
RESOLUTION NO. 426-2019
Said Resolution is incorporated herein by reference.
Transfer of Funds(OMB Schedule Item No. 7).
RESOLUTION NO. 427-2019
Said Resolution is incorporated herein by reference.
Transfer of Funds(OMB Schedule Item No. 8).
RESOLUTION NO. 428-2019
Said Resolution is incorporated herein by reference.
Transfer of Funds(OMB Schedule Item No. 9).
RESOLUTION NO. 429-2019
Said Resolution is incorporated herein by reference.
Transfer of Funds(OMB Schedule Item No. 10).
RESOLUTION NO. 430-2019
Said Resolution is incorporated herein by reference.
Transfer of Funds(OMB Schedule Item No. 11).
RESOLUTION NO. 431-2019
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 432-2019
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 433-2019
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 434-2019
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 435-2019
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 436-2019
Said Resolution is incorporated herein by reference.
C22 Board granted approval of award of bid and authorized execution of a Contract with
Beach Raker, LLC for Beach Cleaning, Maintenance and Beautification at Higgs Beach. TDC is
the funding source.
HURRICANE IRMA RECOVERY
D2 Board adopted the following Resolution authorizing the County Administrator or his
designee to complete, execute, and record Affordable Housing Deed Restrictions for a proposed
"Tiny Home"/Code Compliant small modular unit(s) for affordable housing for the following
sites: 1)Porpoise Point Section 6, Big Coppitt Key (approximate mile marker 10.5) the corner of
Emerald Drive, Tamarind Drive and US 1, Tract "A", having real estate number 00156610-
000000; 2) Lot 2, Block 23, Cudjoe Gardens Eighth Addition, Cudjoe Key (approximate mile
marker 21) at the corner of 1st Avenue and Drost Drive, having real estate number 00174635-
004500; and 3) Lot 1, Block 19, Breezeswept Beach Estates, Ramrod Key (approximate mile
marker 27.5) at the corner of West Indies Drive, having real estate number 00205890-000000.
RESOLUTION NO. 437-2019
Said Resolution is incorporated herein by reference.
D3 Board granted approval and authorized execution of the 2nd Amendment to the Inter-local
Agreement between Monroe County and the South Florida Regional Planning Council to
approve a time extension, from November 30, 2019 to December 30, 2019 for delivery of the
final plan; and from January 15, 2020 to February 28, 2020 for the printing of the Post Disaster
Recovery Strategy to coordinate proposed activities with the newly issued draft Community
Development Block Grant Mitigation Program for Infrastructure Mitigation State Action Plan.
D4 Board granted approval of the Ratification of Board approval on November 20, 2019 of a
Resolution (Resolution No. 409-2019) 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
5 1 P a g e V2 / V V / 20 Vag
23, Cudjoe Gardens Eighth Addition, Cudjoe Key (approximate mile marker 21), having
property identification number 00174635-004500, until December 31, 2020.
PLANNING& ENVIRONMENTAL RESOURCES, BUILDING
& CODE COMPLIANCE DEPARTMENTS
H1 Board adopted the following Resolution to rescind the reservation of five affordable
housing allocations consisting of four low income and one very low income affordable housing
allocations for a five unit affordable housing development located on Homestead Avenue,
Atlantic Boulevard and St. Croix Place, Part Tract "E" and part of abandoned St. Croix Place,
Port Largo, Key Largo (approximate mile marker 99.5), having real estate number 00453440-
001100.
RESOLUTION NO. 438-2019
Said Resolution is incorporated herein by reference.
H2 Board granted approval and authorized execution of the 5th and 6th Amendments to
Lease No. 4549 between Monroe County and the State of Florida for the management of certain
State owned conservation lands.
SHERIFF'S OFFICE
J1 Board granted approval of the Request for Expenditure from the Law Enforcement Trust
Fund, as follows: $5,500.00 Monroe County Sheriff's Office: to help the MCSO Animal Farm
with items needed for various annual events including "Easter on the Farm" and "Christmas on
the Farm"for the year 2020.
COUNTY CLERK
L1 Board granted approval of Tourist Development Council expenses for the month of
November, as follows: Advertising, in the amount of$0.00; Bricks & Mortar Projects, in the
amount of$ 15,217.35; Events, in the amount of$198,531.19; Office Supplies & Operating
Costs, in the amount of$51,670.52; Personnel Services, in the amount of$0.00; Public
Relations, in the amount of$98,501.87; Sales & Marketing, in the amount of$ $96,807.80;
Telephone &Utilities, in the amount of$ $7,938.98; Travel, in the amount of$13,561.30;
Visitor Information Services, in the amount of$109,583.25.
L2 Board granted approval to remove surplus equipment from inventory via disposal or
advertise for bid. Said list is incorporated herein by reference.
L3 Board granted approval of BOCC Warrants (Including Payroll) for the period November
2019, 10061652-10062450, 50005189-50005210 (PR), 3118975-3120182 (PR Voucher), 25214-
25301 (WC), as follows: 001 General Fund, in the amount of$2,518,615.81; 101 Fine &
Forfeiture Fund, in the amount of$4,379,830.70; 102 Road& Bridge Fund, in the amount of
$1,602,113.94; 104 Middle Keys Health Care MSTU, in the amount of$8,712.69; 115 TDC
District Two Penny, in the amount of$349,219.71; 116 TDC Admin &Promo 2 Cent, in the
6 1 P a g e u2 /iu / 20 9
amount of$138,123.97; 117 TDC District 1,3 Cent, in the amount of$203,885.15; 118 TDC
District 2,3 Cent, in the amount of$16,773.79; 119 TDC District 3,3 Cent, in the amount of
$17,215.43; 120 TDC District 4,3 Cent, in the amount of$16,377.67; 121 TDC District 5,3 Cent,
in the amount of$28,901.51; 125 Gov Fund Type Grants, in the amount of$1,404,767.99; 141
Fire & Amb Dist 1 L&M Keys, in the amount of$728,105.75; 147 Uninc Svc Dist Parks & Rec,
in the amount of$93,961.05; 148 Plan, Build, Zoning, in the amount of$442,030.26; 149
Municipal Policing, in the amount of$618,547.64; 152 Duck Key Security Dist,in the amount of
$6,497.56; 153 Local Housing Assistance, in the amount of$96,318.98; 157 Boating
Improvement Fund, in the amount of$7,500.00; 158 Misc. Special Revenue Fund, in the amount
of$30,703.97; 160 Environmental Restoration, in the amount of$10,509.37; 163 Court
Facilities, in the amount of$23,381.01; 164 Drug Facilities Fees, in the amount of$6,586.61;
171 Stock Island Wastewater, in the amount of$436.56; 180 Building Funds, in the amount of
$318,446.03; 207 2003 Revenue Bonds, in the amount of$4,843,420.00; 304 1 Cent Infra
Surtax, in the amount of$171,333.53; 308 Clerk's Revenue Note, Capital, in the amount of
$74,535.39; 310 Big Coppitt Wastewater, in the amount of$456.73; 312 Cudjoe Regional WW
Proj, in the amount of$6,681.51; 314 Series 2014 Revenue Bonds, in the amount of
$457,389.78; 316 Land Acquisition, in the amount of$180,434.00; 401 Card Sound Bridge, in
the amount of$64,509.16; 403 Marathon Airport, in the amount of$120,463.62; 404 Key West
Intl Airport, in the amount of$662,648.40; 414 MSD Solid Waste, in the amount of
$1,483,905.42; 501 Worker's Compensation, in the amount of$141,260.94; 502 Group
Insurance Fund, in the amount of$122,212.47; 503 Risk Management Fund, in the amount of
$75,445.69; 504 Fleet Management Fund, in the amount of$144,102.17.
COUNTY ADMINISTRATOR
M3 Board granted approval and authorized execution of the 1st Amendment to the Social
Services Shopping Center Lease Agreement at the Tradewinds site in Key Largo as to the
landlord's new address under the "Notice or Other Communications" provision.
M5 Board granted approval and authorized execution of the 2nd Amendment to Agreement
with the Medical Examiner, to provide that the Medical Examiner shall receive a vehicle stipend,
in the amount of$800.00 per month, in lieu of submitting travel expenses; and also to provide
that a portion of funds may be used for pension plan contributions for the Medical Examiner and
his staff.
M6 Board granted approval and authorized execution of a new annual Agreement with
Anfield Consulting, Inc. for lobbying services on behalf of Monroe County in the legislative and
executive branches of state government effective December 1, 2019.
M7 Board granted approval and authorized execution of an Amendment to Contract with
Innovative Interfaces (originally Polaris) to subscribe to SkyRiver, a bibliographic tool for
library cataloging, at a cost of$3,250.00 for set up/implementation and $4,250.00 annually for a
three year subscription.
7 1 P a g e 2iuui209
COUNTY ATTORNEY
N3 Board granted approval and authorized execution of an Administrative Law Judge
(Hearing Officer) Services Contract with the Division of Administrative Hearings.
N4 Board granted approval and authorized execution of the 41'Amendment to Agreement,
for Provision of Legal Services, with Bolton, Helm & Augustine, LLP (outside counsel for
workers' compensation cases) to add the name of new attorney timekeeper.
N5 Board granted approval and authorized execution of an Amendment to Agreement with
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC for representation relating to the
County's appeal of FEMA's denial of costs to remove the $49,999.99 cap.
N6 Board granted approval to advertise a Public Hearing to consider adoption of an
Ordinance amending Section 25-2 (a), of the Monroe County Code, to remove the established
speed zones for County maintained roads within the City of Key West that were inadvertently
reinserted into the Monroe County Code upon adoption of Ordinance No. 008-2019; and adding
Cabanas Way, an additional unplatted access road to Key West International Airport properties,
in addition to the unplatted access road at Higgs Beach Park/portion of Atlantic Boulevard and
the other unplatted access roads at Key West International Airport (Stickney Lane, Faraldo
Circle and Nancy Cherry Way) already in the Monroe County Code.
N7 Board granted approval and authorized execution of a Contract with Robert E. & Debra J.
Berger, as trustees of the Robert E. Berger Revocable Trust dated February 1, 2001, to purchase
a less than fee interest in Block 2, Lot 7, Eden Pines Colony (PB 4-158)with parcel number
00264690-000000; and a purchase price of$28,750.00 for density reduction purposes.
N8 Board granted approval and authorized execution of a Contract with Pedro M. Perez to
purchase a less than fee interest in Block 7, Lot 1, Cahill Pines and Palms (PB 3-94)with parcel
number 00245060-000000; and a purchase price of$64,500.00 for density reduction purposes.
N9 Board granted approval and authorized execution of a Contract with Amy Herman to
purchase a less than fee interest in Lot 42, Amended Plat of Dolphin Harbour(PB 6-116)with
parcel number 00319492-004200; and a purchase price of$30,800.00 for density reduction
purposes.
R1 Board granted approval of the ratification and authorized execution of the Lower Keys
Bus Service Interlocal Agreement(ILA)between Monroe County, the City of Key West and the
City of Marathon approved by the Board on October 16, 2019 (N1), with added Exhibit A and
added language to Section 4 of the ILA citing the added Exhibit A for the record.
R2 Board adopted the following Resolution opposing the decertification of any Monroe
County Court Judgeships.
RESOLUTION NO. 439-2019
Said Resolution is incorporated herein by reference.
8 1 P a g e u2 // i209
SOCIAL SERVICES
R3 Board granted approval and authorized execution of an Annual Agreement between
Tranquility Bay Adult Day Care (Key Largo) and Monroe County Social Services to provide
Facility Based Respite Services to elderly and disabled citizens residing throughout Monroe
County, in an amount not to exceed $80,000.00, for the period of July 1, 2019 through June 30,
2020.
PROJECT MANAGEMENT
R6 Board granted approval and authorized execution of Phase 1 of a Hazard Mitigation Grant
Program Agreement with the Florida Department of Emergency Management to provide design
funding,in the amount of$916,071.21, for the Emergency Operations Center at the Marathon
Airport.
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, Councilman Greg Lewis
and Mayor Bruce Halle.
G1 Chief James Callahan addressed the Board concerning approval to enter into an
Employment Agreement/Contract with Dina Stitt to fulfill the position of Fire Rescue EMS
Billing Supervisor effective on December 12, 2019, and authorization for the County
Administrator/Fire Chief to execute all necessary documents. After discussion, motion was
made by Commissioner Rice and seconded by Commissioner Murphy granting approval of the
item. Motion carried unanimously.
G2 Chief Callahan addressed the Board concerning approval of a Resolution authorizing the
acceptance of a two month lease extension (attached as Exhibit A) extending the existing lease
with Limetree Bay Owners, LLC for Unit 10 located at 68250 Overseas Highway (attached as
Exhibit B). After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner Rice to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 440-2019
Said Resolution is incorporated herein by reference.
The Board of Governors, Fire & Ambulance District 1, adjourned. The Board of County
Commissioners meeting reconvened with all commissioners present.
9 1 P a g e u2 // i209
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Coldiron and seconded by Commissioner Murphy
granting approval of the following two items (C5 & C12):
C5 Approval of an Amendment to the Agreement with Guidance/Care Center to adjust the
project period and to add Special Conditions, set forth by the Florida Department of Law
Enforcement, Office of Criminal Justice Grants, to the agreement.
C12 Approval to enter into an Agreement with Guidance/Care Center. Inc., upon final
execution of a Pre-Disaster Mitigation Sub-award grant between Monroe County and Florida
Division of Emergency Management.
Roll call vote carried unanimously, with Commissioner Rice abstaining due to a conflict.
C8 Bryan Cook, Director of Employee Services, addressed the Board concerning approval of
a Resolution to amend Section 6.0 of the Personnel Policies and Procedures Manual (Holidays).
In years when December 25th (Christmas Day holiday) falls on a Tuesday, Wednesday, or
Thursday, the County shall also observe December 24th (Christmas Eve) as a holiday. In years
when January 1st (New Year's Day holiday) falls on a Tuesday, Wednesday, or Thursday, the
County shall also observe 1/z day on December 31 st (New Year's Eve) as a holiday. After
discussion, motion was made by Commissioner Rice and seconded by Commissioner Coldiron
granting approval of staff s option for consideration. Motion carried unanimously. Staff s
option is attached hereto.
RESOLUTION NO. 441-2019
Said Resolution is incorporated herein by reference.
HURRICANE IRMA RECOVERY
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.
COUNTY ADMINISTRATOR
M1 Mr. Gastesi referred the Board to the County Administrator's monthly report for
December 2019. Said report is incorporated herein by reference.
M2 Mr. Shillinger addressed the Board concerning approval of the 2020 appointments of
Commissioners to various duties. After discussion, motion was made by Commissioner
Coldiron and seconded by Commissioner Rice approving the appointments, as is, replacing
Commissioner Kolhage with Commissioner Craig Cates. Motion carried unanimously. Said
appointments are attached hereto.
101Pa g e 2iuui209
COUNTY ATTORNEY
N1 Mr. Shillinger referred the Board to the report for December 2019. Said report is
incorporated herein by reference.
N2 Mr. Shillinger addressed the Board concerning approval of a Settlement Agreement for a
code compliance lien foreclosure case styled Board of County Commissioners of Monroe County
v. Faresh Miguel Atala, Case No.: 18-CA-809-P, regarding real property located at 100971
Overseas Highway, Key Largo, Florida 33037. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Coldiron granting approval of the item.
Motion carried unanimously.
N10 Mr. Shillinger gave the Board an update on Monroe County's purchase of the Conch
Trailer Court property on Conch Key for affordable housing. After discussion, motion was made
by Commissioner Rice and seconded by Commissioner Murphy authorizing the County Attorney
to negotiate an extension to the closing date (to no later than January 22, 2020)if necessary.
Motion carried unanimously.
R4 Mr. Shillinger requested to hold a Closed Session in the matter of Sunset Garden Estate
Land Trust 211012014, by and through its Successor Trustee, Simtrust Group LLC, and Sunset
Gardens Farm, LLC v. Monroe County, Florida, Case No. 19-CA-460-P. Motion was made by
Commissioner Coldiron and seconded by Commissioner Rice to hold the Closed Session on
January 22, 2020, in Marathon, FL at 1:30 P.M. or as soon thereafter as may be heard. Motion
carried unanimously.
PROJECT MANAGEMENT
R5 Kevin Wilson, Assistant County Administrator; and Mr. Gastesi addressed the Board
concerning approval of the 9th 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. The 9th Amendment is in the amount
of$31,250.00 and is for updated design and construction drawings for Value Engineered cost
savings. This is funded with infrastructure sales taxes. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Coldiron granting approval of the item.
Motion carried unanimously.
COUNTY ADMINISTRATOR
M4 Rhonda Haag, Director Sustainability and Projects, gave a Power Point Presentation on
prioritization of the vulnerability analysis for county maintained roads. Judith Clarke, Director
of Engineering/Roads & Bridges; Emilio Corrales,Project Manager with HDR, Inc.; Erin Deady,
Esquire; and Mr. Shillinger addressed the Board. The following individuals addressed the
Board: George Smyth, representing Stillwright Pointe; Emilia Stewart, Mary Kathleen Magrath,
William Marlow, Pam Shockey, Florentino Fernandez, Andy Sikora, Kim Sikora, and Carl
Hansen. After discussion, motion was made by Commissioner Coldiron and seconded by
111Pa g e V2 // V V / 209
Commissioner Rice to add Stillwright Point to the Pilot Project. Roll call vote carried
unanimously.
SOUNDING BOARD
P1 George Smyth withdrew his request to address the Board regarding the thirty-five days of
continuous flooding in the Stillwright Community.
STAFF REPORT
El Lisa Tennyson, Director of Legislative Affairs, gave a legislative update. Mr. Shillinger
addressed the Board.
PUBLIC HEARINGS
01 A Public Hearing was held 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. There was no public input. Mr. Shillinger addressed the Board. After
discussion, motion was made by Commissioner Murphy and seconded by Commissioner
Coldiron to adopt the following Ordinance, as amended by the County Attorney, as follows:
Section 12-190. Definitions.
(a) For the purpose of this article, the following terms shall have the ascribed meanings
unless expressly stated otherwise:
Medical or dental facility means hospitals, skilled nursing facilities,physician offices, dentist
offices and other State licensed healthcare facilities.
Motion carried unanimously.
ORDINANCE NO. 044-2019
Said Ordinance is incorporated herein by reference.
02 A Public Hearing was held to consider approval of a Resolution of Monroe County,
Florida announcing notice of intent to use the uniform method of collecting non-ad valorem
special assessments levied within the County toward the cost of providing operations and
maintenance costs for canal restoration projects on Big Pine Key and Key Largo in Fiscal Year
2021; stating a need for such levy; and providing for an effective date. There was no public
input. Motion was made by Commissioner Murphy and seconded by Commissioner Coldiron to
adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 442-2019
Said Resolution is incorporated herein by reference.
121 P a g e 2i V V / 20 9
03 A Public Hearing was held to consider an Ordinance by the Monroe County Board of
County Commissioners updating the Five Year Schedule of Capital Improvements Table for
Fiscal Years 2020-2024, located within the Capital Improvements Element of the Monroe County
Year 2030 Comprehensive Plan,pursuant to Section 163.3177(3), F.S. There was no public
input. Mr. Gastesi and Ms. Haag addressed the Board. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Rice to adopt the following Ordinance.
Motion carried unanimously.
ORDINANCE NO. 045-2019
Said Ordinance is incorporated herein by reference.
Emily Schemper, Sr. Director Planning & Environmental Resources; and Mr. Shillinger
addressed the Board concerning the following two items (05 & 06):
05 A Public Hearing to consider adoption of an Ordinance 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, not to exceed 60 feet, upon evidence submitted that the height
has been approved by the Ocean Reef Community Association, Inc. ("Master Association"), as
proposed by Smith/Hawks, PL on behalf of Ocean Reef Club, Inc.
06 A Public Hearing to consider adoption of an Ordinance amending Land Development
Code Section 131-2, Maximum Height, to allow structures within Ocean Reef, a gated master
planned community, to exceed the maximum height limit, not to exceed 60 feet, upon evidence
submitted that the height has been approved by the Ocean Reef Community Association, Inc.
("Master Association"), as proposed by Smith/Hawks, PL on behalf of Ocean Reef Club, Inc.
There was no public input. After discussion, motion was made by Commissioner
Murphy and seconded by Commissioner Rice to adopt the following two Ordinances, with the
amended language submitted by the applicant, as follows:
05 A Public Hearing to consider adoption of an Ordinance 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, not to exceed 60 feet, upon evidence submitted that the height
has been approved by the Ocean Reef Community Association, Inc. ("Master Association"), as
proposed by Smith/Hawks, PL on behalf of Ocean Reef Club, Inc.
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 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.
131Pa g e 2iuui209
In addition, within the Ocean Reef gated master planned community, upon evidence submitted
that the proposed building height has been approved by the master association, Ocean Reef
Community Association, Inc.,pursuant to its Building Regulations and Restrictions, 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. Such development on property owned by Ocean Reef Club, Inc. shall
not be required to provide evidence it has been approved by the master association, based on its
exemption from master association review under the Ocean Reef gated master planned
community's governing documents.
ORDINANCE NO. 046-2019
Said Ordinance is incorporated herein by reference.
06 A Public Hearing to consider adoption of an Ordinance amending Land Development
Code Section 131-2, Maximum Height, to allow structures within Ocean Reef, a gated master
planned community, to exceed the maximum height limit, not to exceed 60 feet, upon evidence
submitted that the height has been approved by the Ocean Reef Community Association, Inc.
("Master Association"), as proposed by Smith/Hawks, PL on behalf of Ocean Reef Club, Inc.
Section 131-2 Maximum Height.
No structure or building shall be developed that exceeds a maximum height of 35 feet.
Exceptions will be allowed for chimneys; spires and/or steeples on structures used for
institutional and/or public uses only; radio and/or television antenna; flagpoles; solar apparatus;
utility poles and/or transmission towers; and certain antenna supporting structures with attached
antenna and/or collocations as permitted in chapter 146. Exceptions will be allowed for flood
protection as specifically permitted in Policies 101.5.32 and 101.5.33, and within Ocean Reef as
provided in Comprehensive Plan Policy 101.5.31 and restated in subsection (a) and listed below.
However, in no event shall any of the exclusions enumerated in this section be construed to
permit any habitable or usable space to exceed the maximum height limitation, except as
specifically permitted in Policies 101.5.31, 101.5.32 and 101.5.33. In the case of airport districts,
the height limitations there in shall be absolute and the exclusions enumerated in this section
shall not apply.
(a) Within the Ocean Reef master planned community which is gated, isolated and 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
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, upon evidence submitted
that the proposed building height has been approved by the master association, Ocean Reef
Community Association, Inc.,pursuant to its Building Regulations and Restrictions, 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. Such development on property owned by Ocean Reef Club, Inc. shall
141Pa g e V / VV / 20V9
not be required to provide evidence it has been approved by the master association, based on its
exemption from master association review under the Ocean Reef gated master planned
community's governing documents.
ORDINANCE NO. 047-2019
Said Ordinance is incorporated herein by reference.
Motion carried unanimously.
STAFF REPORT
E2 Mr. Wilson addressed the Board.
COMMISSIONERS COMMENTS
Ql Mr. Shillinger addressed the Board.
CLOSED SESSION
Il Mr. Shillinger announced an Attorney-Client Closed Session in the matter of Thurmond
Street Partners, LLC v. Monroe County, Florida, Case Nos. 18-AP-10-K and 18-AP-11-K, 16th
Circuit Appellate Court 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 Peter Morris, Steve Williams and Cynthia Hall; and a certified court reporter.
Mayor Carruthers declared the open session of the meeting closed. After the closed session,
the meeting was re-opened.
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
151 P a g e 2 V / 20 9
MISCELLANEOUS BULK APPROVALS
Motion was made by Commissioner Coldiron and seconded by Commissioner Murphy
granting approval of the following two items (C5 & C12):
C5 Approval of an Amendment to the Agreement with Guidance/Care Center to adjust the
project period and to add Special Conditions, set forth by the Florida Department of Law
Enforcement, Office of Criminal Justice Grants, to the agreement.
C12 Approval to enter into an Agreement with Guidance/Care Center. Inc., upon final
execution of a Pre-Disaster Mitigation Sub-award grant between Monroe County and Florida
Division of Emergency Management.
Roll call vote carried unanimously, with Commissioner Rice abstaining due to a conflict.
C8 Bryan Cook, Director of Employee Services, addressed the Board concerning approval of
a Resolution to amend Section 6.0 of the Personnel Policies and Procedures Manual (Holidays).
In years when December 25th (Christmas Day holiday) falls on a Tuesday, Wednesday, or
Thursday, the County shall also observe December 24th (Christmas Eve) as a holiday. In years
when January 1st (New Year's Day holiday) falls on a Tuesday, Wednesday, or Thursday, the
County shall also observe 1/z day on December 31st(New Year's Eve) as a holiday. After
discussion, motion was made by Commissioner Rice and seconded by Commissioner Coldiron
granting approval of staff s option for consideration. Motion carried unanimously. Staff s
option is attached hereto.
RESOLUTION NO. 441-2019
Said Resolution is incorporated herein by reference.
HURRICANE IRMA RECOVERY
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.
COUNTY ADMINISTRATOR
M1 Mr. Gastesi referred the Board to the County Administrator's monthly report for
December 2019. Said report is incorporated herein by reference.
M2 Mr. Shillinger addressed the Board concerning approval of the 2020 appointments of
Commissioners to various duties. After discussion, motion was made by Commissioner
Coldiron and seconded by Commissioner Rice approving the appointments, as is, replacing
Commissioner Kolhage with Commissioner Craig Cates. Motion carried unanimously. Said
appointments are attached hereto.
101Pa g e 2iuui209
COUNTY ATTORNEY
N1 Mr. Shillinger referred the Board to the report for December 2019. Said report is
incorporated herein by reference.
N2 Mr. Shillinger addressed the Board concerning approval of a Settlement Agreement for a
code compliance lien foreclosure case styled Board of County Commissioners of Monroe County
v. Faresh Miguel Atala, Case No.: 18-CA-809-P, regarding real property located at 100971
Overseas Highway, Key Largo, Florida 33037. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Coldiron granting approval of the item.
Motion carried unanimously.
N10 Mr. Shillinger gave the Board an update on Monroe County's purchase of the Conch
Trailer Court property on Conch Key for affordable housing. After discussion, motion was made
by Commissioner Rice and seconded by Commissioner Murphy authorizing the County Attorney
to negotiate an extension to the closing date (to no later than January 22, 2020)if necessary.
Motion carried unanimously.
R4 Mr. Shillinger requested to hold a Closed Session in the matter of Sunset Garden Estate
Land Trust 211012014, by and through its Successor Trustee, Simtrust Group LLC, and Sunset
Gardens Farm, LLC v. Monroe County, Florida, Case No. 19-CA-460-P. Motion was made by
Commissioner Coldiron and seconded by Commissioner Rice to hold the Closed Session on
January 22, 2020, in Marathon, FL at 1:30 P.M. or as soon thereafter as may be heard. Motion
carried unanimously.
PROJECT MANAGEMENT
R5 Kevin Wilson, Assistant County Administrator; and Mr. Gastesi addressed the Board
concerning approval of the 9th 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. The 9th Amendment is in the amount
of$31,250.00 and is for updated design and construction drawings for Value Engineered cost
savings. This is funded with infrastructure sales taxes. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Coldiron granting approval of the item.
Motion carried unanimously.
COUNTY ADMINISTRATOR
M4 Rhonda Haag, Director Sustainability and Projects, gave a Power Point Presentation on
prioritization of the vulnerability analysis for county maintained roads. Judith Clarke, Director
of Engineering/Roads & Bridges; Emilio Corrales,Project Manager with HDR, Inc.; Erin Deady,
Esquire; and Mr. Shillinger addressed the Board. The following individuals addressed the
Board: George Smyth, representing Stillwright Pointe; Emilia Stewart, Mary Kathleen Magrath,
William Marlow, Pam Shockey, Florentino Fernandez, Andy Sikora, Kim Sikora, and Carl
Hansen. After discussion, motion was made by Commissioner Coldiron and seconded by
111Pa g e V2 // V V / 209
Commissioner Rice to add Stillwright Point to the Pilot Project. Roll call vote carried
unanimously.
SOUNDING BOARD
P1 George Smyth withdrew his request to address the Board regarding the thirty-five days of
continuous flooding in the Stillwright Community.
STAFF REPORT
El Lisa Tennyson, Director of Legislative Affairs, gave a legislative update. Mr. Shillinger
addressed the Board.
PUBLIC HEARINGS
01 A Public Hearing was held 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. There was no public input. Mr. Shillinger addressed the Board. After
discussion, motion was made by Commissioner Murphy and seconded by Commissioner
Coldiron to adopt the following Ordinance, as amended by the County Attorney, as follows:
Section 12-190. Definitions.
(a) For the purpose of this article, the following terms shall have the ascribed meanings
unless expressly stated otherwise:
Medical or dental facility means hospitals, skilled nursing facilities,physician offices, dentist
offices and other State licensed healthcare facilities.
Motion carried unanimously.
ORDINANCE NO. 044-2019
Said Ordinance is incorporated herein by reference.
02 A Public Hearing was held to consider approval of a Resolution of Monroe County,
Florida announcing notice of intent to use the uniform method of collecting non-ad valorem
special assessments levied within the County toward the cost of providing operations and
maintenance costs for canal restoration projects on Big Pine Key and Key Largo in Fiscal Year
2021; stating a need for such levy; and providing for an effective date. There was no public
input. Motion was made by Commissioner Murphy and seconded by Commissioner Coldiron to
adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 442-2019
Said Resolution is incorporated herein by reference.
121 P a g e 2i V V / 20 9
03 A Public Hearing was held to consider an Ordinance by the Monroe County Board of
County Commissioners updating the Five Year Schedule of Capital Improvements Table for
Fiscal Years 2020-2024, located within the Capital Improvements Element of the Monroe County
Year 2030 Comprehensive Plan,pursuant to Section 163.3177(3), F.S. There was no public
input. Mr. Gastesi and Ms. Haag addressed the Board. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Rice to adopt the following Ordinance.
Motion carried unanimously.
ORDINANCE NO. 045-2019
Said Ordinance is incorporated herein by reference.
Emily Schemper, Sr. Director Planning & Environmental Resources; and Mr. Shillinger
addressed the Board concerning the following two items (05 & 06):
05 A Public Hearing to consider adoption of an Ordinance 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, not to exceed 60 feet, upon evidence submitted that the height
has been approved by the Ocean Reef Community Association, Inc. ("Master Association"), as
proposed by Smith/Hawks, PL on behalf of Ocean Reef Club, Inc.
06 A Public Hearing to consider adoption of an Ordinance amending Land Development
Code Section 131-2, Maximum Height, to allow structures within Ocean Reef, a gated master
planned community, to exceed the maximum height limit, not to exceed 60 feet, upon evidence
submitted that the height has been approved by the Ocean Reef Community Association, Inc.
("Master Association"), as proposed by Smith/Hawks, PL on behalf of Ocean Reef Club, Inc.
There was no public input. After discussion, motion was made by Commissioner
Murphy and seconded by Commissioner Rice to adopt the following two Ordinances, with the
amended language submitted by the applicant, as follows:
05 A Public Hearing to consider adoption of an Ordinance 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, not to exceed 60 feet, upon evidence submitted that the height
has been approved by the Ocean Reef Community Association, Inc. ("Master Association"), as
proposed by Smith/Hawks, PL on behalf of Ocean Reef Club, Inc.
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 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.
131Pa g e 2iuui209
In addition, within the Ocean Reef gated master planned community, upon evidence submitted
that the proposed building height has been approved by the master association, Ocean Reef
Community Association, Inc.,pursuant to its Building Regulations and Restrictions, 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. Such development on property owned by Ocean Reef Club, Inc. shall
not be required to provide evidence it has been approved by the master association, based on its
exemption from master association review under the Ocean Reef gated master planned
community's governing documents.
ORDINANCE NO. 046-2019
Said Ordinance is incorporated herein by reference.
06 A Public Hearing to consider adoption of an Ordinance amending Land Development
Code Section 131-2, Maximum Height, to allow structures within Ocean Reef, a gated master
planned community, to exceed the maximum height limit, not to exceed 60 feet, upon evidence
submitted that the height has been approved by the Ocean Reef Community Association, Inc.
("Master Association"), as proposed by Smith/Hawks, PL on behalf of Ocean Reef Club, Inc.
Section 131-2 Maximum Height.
No structure or building shall be developed that exceeds a maximum height of 35 feet.
Exceptions will be allowed for chimneys; spires and/or steeples on structures used for
institutional and/or public uses only; radio and/or television antenna; flagpoles; solar apparatus;
utility poles and/or transmission towers; and certain antenna supporting structures with attached
antenna and/or collocations as permitted in chapter 146. Exceptions will be allowed for flood
protection as specifically permitted in Policies 101.5.32 and 101.5.33, and within Ocean Reef as
provided in Comprehensive Plan Policy 101.5.31 and restated in subsection (a) and listed below.
However, in no event shall any of the exclusions enumerated in this section be construed to
permit any habitable or usable space to exceed the maximum height limitation, except as
specifically permitted in Policies 101.5.31, 101.5.32 and 101.5.33. In the case of airport districts,
the height limitations there in shall be absolute and the exclusions enumerated in this section
shall not apply.
(a) Within the Ocean Reef master planned community which is gated, isolated and 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
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, upon evidence submitted
that the proposed building height has been approved by the master association, Ocean Reef
Community Association, Inc.,pursuant to its Building Regulations and Restrictions, 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. Such development on property owned by Ocean Reef Club, Inc. shall
141Pa g e V / VV / 20V9
not be required to provide evidence it has been approved by the master association, based on its
exemption from master association review under the Ocean Reef gated master planned
community's governing documents.
ORDINANCE NO. 047-2019
Said Ordinance is incorporated herein by reference.
Motion carried unanimously.
STAFF REPORT
E2 Mr. Wilson addressed the Board.
COMMISSIONERS COMMENTS
Ql Mr. Shillinger addressed the Board.
CLOSED SESSION
Il Mr. Shillinger announced an Attorney-Client Closed Session in the matter of Thurmond
Street Partners, LLC v. Monroe County, Florida, Case Nos. 18-AP-10-K and 18-AP-11-K, 16th
Circuit Appellate Court 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 Peter Morris, Steve Williams and Cynthia Hall; and a certified court reporter.
Mayor Carruthers declared the open session of the meeting closed. After the closed session,
the meeting was re-opened.
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
151 P a g e 2 V / 20 9
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