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06/16/2021 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, June 16, 2021 Key Largo, Florida& Via Communication Media Technology A regular meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. at the Murray Nelson Government Center and via Communication Media Technology. Present and answering to roll call were Commissioner Mike Forster, Commissioner David Rice and Mayor Michelle Coldiron. Commissioner Eddie Martinez arrived after the start of the meeting. Commissioner Craig Cates was absent from the meeting. Also present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Kevin Madok, Clerk of Court; Pamela Hancock, Deputy Clerk; county staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS AND DELETIONS Al Motion was made by Commissioner Rice and seconded by Commissioner Forster granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried unanimously. Commissioner Martinez arrived at the meeting, during the reading of the bulk approvals, and took his seat. BULK APPROVALS Motion was made by Mayor Coldiron and seconded by Commissioner Forster granting approval of the following items by unanimous consent: C1 Board adopted the following Resolution, of a Florida Department of Transportation (FDOT) Local Agency Program Grant Agreement, for the Florida Keys Overseas Heritage Trail Connection at the Cudjoe Gardens Project for construction in the amount of$284,936.00; and Construction Engineering and Inspection Services in the amount of$45,000.00, for a total grant amount of$329,936.00. The project is partially federally funded by FDOT through the Federal Highway Administration. RESOLUTION NO. 199-2021 Said Resolution is incorporated herein by reference. C2 Board adopted the following Resolution approving and establishing the 2022 Wellness Program and funding levels, which includes health and wellness events (lunch and learns, health and wellness fairs, exercise and nutrition classes), wellness exam and age-appropriate screenings Page 11 06/16/2021 with a participation incentive that includes a tobacco cessation plan, community organized event reimbursement(walks, runs, bikes, swims), and approval of the 2022 Wellness Funding. Also provides for four hours of annual leave to Monroe County BOCC employees and participating Constitutional Officer(Property Appraiser, Court Administration, Land Authority and Clerk of Court) employees who participate in the annual Health& Wellness Fair(minimum participation of biometrics and health coach visit) or visit their personal physician and complete the online Personal Health Assessment. Due to the COVID-19 pandemic, this also allows for Wellness Events to be held online/virtually. RESOLUTION NO. 200-2021 Said Resolution is incorporated herein by reference. C3 Board granted approval and authorized execution of the 2nd Amendment to the Amended and Restated Solid Waste and Recycling Collection Franchisee Agreement with Waste Management of Florida, Inc.; and granted approval and authorized execution of the 3rd Amendment to the Amended and Restated Solid Waste and Recycling Collection Franchisee Agreements with Marathon Garbage Services, Inc., and Keys Sanitary Services. These amendments will increase the commercial rates to be uniform in the County as directed by the Board of County Commissioners at its April 21, 2021 meeting. C4 Board granted approval and authorized execution of an Agreement with Sheriff Richard A. Ramsay to provide the Monroe County Sheriff's Office with 149.6 square feet of office space, for one year, at Bernstein Park on Stock Island, Key West, Florida. C5 Board granted approval and authorized execution of the 3rd Amendment to Agreement between GA Food Service, Inc., and Monroe County (for the provision of congregate and home delivered meals throughout Monroe County)to renew the contract period for one year; and for the CPI-U adjusted rate of 1.2%, or $4.11 per meal, for the contract period July 1, 2021 through June 30, 2022. C6 Board granted approval and authorized execution of a Task Order with Baxter& Woodman, Inc., in the amount not to exceed $181,345.00, for Engineering Design and Permitting Services for the resurfacing of Card Sound Road from the east end of Card Sound Bridge to the intersection of County Road 905. This task order is being procured in accordance with continuing service contract with Baxter& Woodman, Inc. entered into January 17, 2018. C7 Board granted approval to accept a Florida Department of Health Emergency Medical Services Matching Grant, in the amount of$15,000.00, with a cost share of 75% State and 25% County. The grant is to procure video laryngoscopes to improve and expand advance care management for patients, especially infant and pediatric patients. C8 Board granted approval to purchase a new Challenger CL12LC Symmetric 2-Post lift, Challenger CHA CL1 OV3 Versymmetric 2-Post Lift, Challenger AR4115XAO Open-Front Alignment Rack Package, Challenger CLHM-140-02 14,000 lbs. Capacity Column Lifts, from Jobbers Equipment Warehouse, in the amount of$105,447.16; utilizing competitively bid pricing Page 12 06/16/2021 by "Piggybacking"the Florida Sheriff's Association Contract: FS20-EQU 18.0, Heavy Equipment. C9 Board granted approval and authorized execution of the Urban Area Security Initiative, Fiscal Year 2020, Memorandum of Agreement with the City of Miami concerning a United States Department of Homeland Security Office of Grants and Training Grant, through the State of Florida Division of Emergency Management Sub-Grant Agreement R0232, in the amount of $264,836.00, with no county match required. C12 Board granted approval and authorized execution of a Securing the Cities (STC) Memorandum of Understanding with the City of Miami, concerning a United States Department of Homeland Security Domestic Nuclear Detection Office STC Program 2019 to provide funds to address the unique equipment, training,planning, exercise and operational needs for the region; and to assist in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and other high-consequence events utilizing nuclear or other radiological materials that pose risk to homeland security in high-risk urban areas; and delegation of authority to the Monroe County Director of Emergency Services (Fire Chief)to execute this agreement and related documentation. The City of Miami as the sponsoring agency has received or expects to receive various forms of assistance from the federal government, including funding and equipment to accomplish this initiative. C13 Board granted approval and authorized execution of the 2nd Supplemental Agreement to Contract GON68 with the Florida Department of Transportation for the development of the Lower Keys Scenic Viewing Area(Big Pine Swimming Hole). This amendment to the grant reallocates $50,000.00 in grant funding from the Construction Engineering & Inspection Phase to the Construction Phase of the project. C14 Board granted approval and authorized execution of a Securing the Cities (STC) Memorandum of Understanding with the City of Miami, concerning a United States Department of Homeland Security Domestic Nuclear Detection Office STC Program 2019 Grant to provide funds to address the unique equipment, training,planning, exercise and operational needs for the region; and to assist in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and other high-consequence events utilizing nuclear or other radiological materials that pose risk to homeland security in high-risk urban areas; and delegation of authority to the Monroe County Director of Emergency Management to execute this agreement and related documentation. The City of Miami as the sponsoring agency has received or expects to receive various forms of assistance from the federal government, including funding and equipment to accomplish this initiative. C 15 Board granted approval and authorized execution of a Memorandum of Agreement with NOAA/National Weather Service Office, Key West, Florida regarding the transmission of certain public emergency messages via the Emergency Alert System; and delegation of authority to execute this agreement and related documentation to the Monroe County Director of Emergency Management. Page 13 06/16/2021 C16 Board granted approval of a Memorandum of Agreement(MOA)with the Federal Emergency Management Agency regarding the use of the Interoperable Public Alert and Warning System Platform for Emergency Networks System; and granted approval to delegate authority to the Monroe County Director of Emergency Management to execute this MOA and any related documentation. C17 Board granted approval and authorized execution of the 6th Amendment to the Contract with Paradise Divers, Inc. for Temporary Ferry Service to Pigeon Key to extend the expiration date to June 30, 2022 or until the Old Seven Mile Bridge is re-opened to the public (estimated March 2022); and increase the annual contract amount by $76,482.00, to a total annual amount of$331,734.00. The County's local match will increase by $28,858.92, to a total annual amount of$126,058.92. Revise contract to increase cost of additional trips for educational groups beyond eighty-four round trips, included in base price, to $225.00 per round trip (paid by others). C19 Board granted approval for the Director of Budget and Finance to serve as the authorized representative for the American Rescue Plan Act of 2021. The authorized representative will have the responsibility to electronically sign and submit documents in the U.S. Department of Treasury Grant Portal for the Coronavirus State and Local Fiscal Recovery Funds. C20 Board granted approval and authorized execution of the 1st Amendment to Task Order with T.Y. Lin International for Professional Design and Permitting Services for the Stock Island Detention Center Main Electrical Upgrades Project. This amendment removes the 104-day time constraint because the work extended beyond the original end date. There are no additional tasks or costs added. C21 Board accepted the report of monthly Change Orders for the month of May 2021, reviewed by the County Administrator/Assistant County Administrator. Said report is incorporated herein by reference. C22 Board granted approval to purchase new garage equipment needed for the new Fleet Management location in Rockland Key from "Liftnow" Automotive Equipment Corporation, in the amount of$97,133.11, utilizing competitively bid pricing under the Sourcewell Contract: 4013020-LFT, Vehicle Lifts with Garage and Fleet Maintenance Equipment. C23 Board granted approval to purchase new garage equipment needed for the new Fleet Management location in Rockland Key from "Rotary Lift" Automotive Equipment Corporation, in the amount of$51,434.92, utilizing competitively bid pricing under the Sourcewell Contract: 4061015-RRL, Fleet-Related Maintenance Equipment, Supplies, Services, and Inventory. C24 Board granted approval and authorized execution of a Memorandum of Understanding with Friends of the Key Largo Library, Inc. (Friends) for the purpose of creating a mutually beneficial and clear operational understanding between the Friends and the Monroe County Public Library. The Friends mission is to raise money and public awareness in the community to support the services and programs of the library. As a non-profit, 501(c)(3) organization, it is a legally distinct entity and is not a part of the library. Page 14 06/16/2021 C25 Board adopted the following Resolutions concerning the Transfer of Funds and Receipt of Unanticipated Revenue: Transfer of Funds (OMB Schedule Item No. 1). RESOLUTION NO. 201-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 2). RESOLUTION NO. 202-2021 Said Resolution is incorporated herein by reference. Amending Resolution No. 178-2021 (OMB Schedule Item No. 3). RESOLUTION NO. 203-2021 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 4). RESOLUTION NO. 204-2021 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO. 205-2021 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 6). RESOLUTION NO. 206-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 207-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 208-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 9). RESOLUTION NO. 209-2021 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 210-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 211-2021 Said Resolution is incorporated herein by reference. Page 5 06/16/2021 Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 212-2021 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 213-2021 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 14). RESOLUTION NO. 214-2021 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 215-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 216-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 217-2021 Said Resolution is incorporated herein by reference. C26 Board granted approval to accept$150,000.00 as a partial distribution of funds allocated to the Monroe County Public Library from the Stephen J. Smatlak Living Trust; and granted approval for the County Administrator to sign all related documents to accept the gift. C27 Board granted approval to purchase two Tempus ALS monitor/defibrillators from Sole Source provider Philips North America LLC for use on the Trauma Star helicopters to provide critical lifesaving emergency medical services. The cost for the equipment after a 30% discount is $27,300.00 each. With the addition of accessories, licensing,preventative maintenance services, and three years of extended warranty, in the amount of$22,993.15 for both units, the total purchase cost is $77,593.15 per the attached purchase quote. Said quote is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL D1 Board granted approval and authorized execution of an Agreement with 3406 North Roosevelt Boulevard Corporation d/b/a Visit Florida Keys for the provision of services for operating an executive office for tourism promotion by Monroe County Code Section 23-199(d) and (e). D2 Board announced one vacant position on the Tourist Development Council District IV Advisory Committee for one "At Large" appointment. Page 16 06/16/2021 D3 Board granted approval to rescind Destination Event Agreements with Multi Race, LLC for the Key West Triathlon and the Southernmost Marathon, approved at the November 17, 2020 meeting, due to event contractor no longer producing the events. AIRPORTS Il Board ratified and granted approval of Grant Agreement No. 3-12-0037-064-2021 from the United States of America, acting through the Federal Aviation Administration,providing $641,405.00 to the Key West International Airport for the design phase of the Extend Taxiway A Project. There is no match required for this grant. 12 Board granted approval to purchase a 2021 Tymco 600 Sweeper from Container Systems & Equipment Co., in the amount of$265,867.00, for the Key West International Airport, under Florida Sheriff's Association Bid FSA20-EQU18.0; the sweeper will be paid from Florida Department of Transportation Essential Airport Equipment Grant GOE47 (50%); and Key West Airport Operating Fund 404 (50%). I3 Board granted approval to advertise a competitive solicitation for the Aircraft Overflow Apron Construction Project at the Key West International Airport. The project is being funded by an anticipated FAA CARES Development Grant; Florida Department of Transportation Grant G1007; and Airport Operating Fund 404. I4 Board ratified and granted approval of the 2nd Amendment to the State of Florida, Department of Transportation, Public Transportation Grant Agreement G1237, as executed by the Director of Airports, revising the scope of work for the Florida Keys Marathon International Airport Retention Pond Modification and Hangar Development Project to include rehabilitation of the eleven hangars damaged during Hurricane Irma. I5 Board granted approval to issue a bid solicitation for the rehabilitation of the eleven storage hangars located at the Florida Keys Marathon International Airport that were damaged during Hurricane Irma. I6 Board granted approval and authorized execution of McFarland Johnson Task Order No. 2021-04 in the amount of$117,118.00 for Design Services Phase 3B for the Customs Facility - Terminal Annex Repairs, Renovation & Equipment Project at the Key West International Airport; to be paid 50%from Florida Department of Transportation Grant AQH10; and 50% Airport Operating Fund 404. I7 Board accepted the report of Airport Change Orders for the month of May 2021, reviewed by the County Administrator/Assistant County Administrator. Said report is incorporated herein by reference. I8 Board granted approval to advertise Request for Qualifications for Airport Consultant Services (Financial, General and Air Service Development) for the Key West International Airport and the Florida Keys Marathon International Airport. Page 17 06/16/2021 I9 Board granted approval and authorized execution of an In-Building Radio Distribution Agreement for a Multi Carrier Distributed Antenna System with Cellco Partnership d/b/a Verizon Wireless at the Key West International Airport. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING& CODE COMPLIANCE DEPARTMENTS J2 Board granted approval and authorized execution of the 2nd Amendment to the Inter- Local Agreement(ILA) between Monroe County and the City of Key West extending the ILA through September 30, 2021, to ensure continued mobile vessel sewage pump out service to anchored vessels in the Key West and Stock Island Service Areas. J3 Board granted approval to add one full-time equivalent position for an Assistant Land Steward, at an annual cost of approximately $74,277.16, for the remainder of Fiscal Year 2021 (July 1, 2021 - September 30, 2021). J4 Board granted approval and authorized execution of the 3rd Amendment to Contract with On the Hook Marine Services LLC for Temporary Mobile Vessel Pumpout Services in the upper keys for an extension of three additional months through September 30, 2021, for a new total contract value of$149,981.28 (increase of$37,495.32). J5 Board granted approval and authorized execution of the 1st Amendment to Contract with RJ Waterway Planning and Management Services LLC to extend the contract expiration from June 16, 2021 to September 30, 2021; and increase the hourly compensation from $85.00 to $110.00 per hour, to ensure continued as-needed assistance with waterway management functions without increasing the total not-to-exceed compensation amount of$30,600.00. J6 Board granted approval and authorized execution of the 1st Amendment to Contract with Coffin Marine Services, Inc. for a two-year extension to the contract for the removal, refloating and/or demolition and disposal of derelict vessels, floating structures, and marine debris. J7 Board granted approval and authorized execution of the 1st Amendment to Contract with Adventure Environmental, Inc. for a two-year extension to the contract for the removal, refloating and/or demolition and disposal of derelict vessels, floating structures, and marine debris. J8 Board granted approval and authorized execution of the 1st Amendment to Contract with Arnold's Auto & Marine Repair, Inc for a two-year extension to the contract for the removal, refloating and/or demolition and disposal of derelict vessels, floating structures, and marine debris. J9 Board granted approval and authorized execution of the 1st Amendment to Contract with American Underwater Contractors, Inc. for a two-year extension to the contract for the removal, refloating and/or demolition and disposal of derelict vessels, floating structures, and marine debris. Page 18 06/16/2021 J10 Board granted approval and authorized execution of the 1st Amendment to Contract with Lower Keys Marine Towing and Salvage, Inc., for a two-year extension to the contract for the removal, refloating and/or demolition and disposal of derelict vessels, floating structures, and marine debris. J11 Board granted approval and authorized execution of the 1st Amendment to Contract with Underwater Engineering Services, Inc. for a two-year extension to the contract for the removal, refloating and/or demolition and disposal of derelict vessels, floating structures, and marine debris. J12 Board granted approval and authorized execution of the 1st Amendment to Contract with Coral Construction Company for a two-year extension to the contract for the removal, refloating and/or demolition and disposal of derelict vessels, floating structures, and marine debris. SHERIFF'S OFFICE Ll Board granted approval of the request for expenditure from the Law Enforcement Trust Fund, as follows: $500.00 for Marathon High School Operation Graduation 2021 to help cover expenses for the all-night event that provides a safe, drug, and alcohol-free celebration to recognize the achievements of our graduating seniors. L2 Board granted approval of the request for expenditure from the Federal Justice Fund, as follows: $5,254.20 for Florida Sheriff's Youth Ranches to support the "Harmony in the Streets" mobile community day camp for children. The objective of the program is to reach at-risk youth to prevent juvenile delinquency and to help develop responsible and productive citizens. The summer camp will be offered at no cost to youths in Monroe County. COMMISSIONER'S ITEMS M2 Board adopted the following Resolution appointing Chris Todd Young to the Affordable Housing Advisory Committee as the District 2 citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. RESOLUTION NO. 218-2021 Said Resolution is incorporated herein by reference. M3 Board adopted the following Resolution appointing Dr. Doug Mader to the Affordable Housing Advisory Committee as the District 2 citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. RESOLUTION NO. 219-2021 Said Resolution is incorporated herein by reference. Page 19 06/16/2021 M4 Board adopted the following Resolution appointing Monroe County Planning Commissioner Joe Scarpelli to the Affordable Housing Advisory Committee in the category of Planning Commissioner. RESOLUTION NO. 220-2021 Said Resolution is incorporated herein by reference. COUNTY CLERK N1 Board granted approval of BOCC Warrants 10085399-10086619, (PR Checks), 3143520- 3144702 (PR Voucher), 27146-27236 (WC)for the month of May 2021, as follows: 001 General Fund, in the amount of$3,031,837.39; 101 Fine & Forfeiture, in the amount of$4,861,026.03; 102 Road/Bridges, in the amount of$733,633.77; 115 Tourist Development Council-Two Penny, in the amount of$354,999.90; 116 TDC - Admin Promo 2 Cent 1, in the amount of $1,377,949.20; 117 TDC - District 1 Third Cent, in the amount of$1,278,840.16; 118 TDC - District 2 Third Cent, in the amount of$110,843.09; 119 TDC - District 3 Third Cent, in the amount of$242,015.54; 120 TDC - District 4 Third Cent, in the amount of$158,995.27; 121 TDC - District 5 Third Cent, in the amount of$270,880.71; 125 Grant Fund, in the amount of $817,875.66; 130 Impact Fees/Roadways, in amount of$9,827.50; 132 Impact Fees/Library, in the amount of$175,644.66; 141 Fire/Ambulance, in the amount of$729,934.73; 147 Unincorporated Service, in the amount of$160,384.63; 148 Planning Building, in the amount of $484,172.68; 149 Municipal Policing, in the amount of$596,963.66; 152 Duck Key Security, in the amount of$7,768.64; 153 Local Housing Assistance, in the amount of$116,674.24; 157 Boating Improvement Fund, in the amount of$29,876.89; 158 Miscellaneous Special Revenue Fund, in the amount of$56,145.70; 160 Environmental Restoration, in the amount of $13,056.84; 163 Court Facilities, in the amount of, $16,462.02; 164 Drug Facilities Fees, in the amount of$2,220.75; 180 Building Funds, in the amount of$297,085.25; 304 1 Cent Infrastructure, in the amount of$174,279.37; 312 Cudjoe Regional WW Project, in the amount of$6,333.35; 314 Series 2014 Revenue Bonds, in the amount of$ 2,224,712.83; 316 Land Acquisition, in the amount of$1,076.60; 401 Card Sound Bridge, in the amount of$23,797.67; 403 Marathon Airport, in the amount of$1,889,166.50; 404 Key West Intl Airport, in the amount of$3,018,773.12; 406 PFC & Operating Restrictions, in the amount of$1,073,499.29; 414 MSD Solid Waste, in the amount of$1,666,404.72; 501 Workers' Compensation, in the amount of$95,296.86; 502 Group Insurance Fund, in the amount of$1,402,938.69; 503 Risk Management Fund, in the amount of$1,016,403.47; 504 Fleet Management Fund, in the amount of$273,862.23; and 610 Fire/EMS LOSAP Trust Fund, in the amount of$2,370.00. N2 Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. Said inventory is incorporated herein by reference. N3 Board granted approval of Tourist Development Council expenses for the month of May 2021, as follows: Advertising, in the amount of$3,073,407 .67; Bricks & Mortar Projects, in the amount of$288,028. 72; Events, in the amount of$31,541.06; Office Supplies & Operating Costs, in the amount of$11,137.52; Personnel Services, in the amount of$108,074.56; Public Relations, in the amount of$155,157.30; Sales & Marketing, in the amount of$20,223.99; Page 110 06/16/2021 Telephone & Utilities, in the amount of$20,746.88; Travel, in the amount of$101.76; and Visitor Information Services, in the amount of$56,658.08. N4 Board granted approval of the minutes from the regular meeting of March 17, 2021, and the special meeting of March 31, 2021. Said minutes are incorporated herein by reference. COUNTY ADMINISTRATOR 01 Board accepted the County Administrator's monthly report for June 2021. Said report is incorporated herein by reference. 02 Board adopted the following Resolution adopting the Canal Management Master Plan Guidance Document and Canal Ranking Criteria pursuant to the requirements in Administration Commission Rule 28-20.140, F.A.C., (County's new Area of Critical State Concern Canal Work Program); and granted approval of the Canal Restoration Project Ranking List. RESOLUTION NO. 221-2021 Said Resolution is incorporated herein by reference. 03 Board granted approval and authorized execution of an Agreement with Statewide Guardian Ad Litem Office for reimbursement of Child Advocate Manager Services, to provide funding for a Child Advocate Manager position, for the time period July 1, 2021 through June 30, 2022 (State Fiscal Year 2021-2022). COUNTY ATTORNEY P2 Board granted approval and authorized execution of the 2nd Amendment to Professional Services Agreement with the law firm Barnett, Bolt, Kirkwood, Long & Koche, P.A., to update the name of firm to Barnett Kirkwood Koche Long & Foster, P.A.; and to add language authorizing County Attorney to approve changes in timekeepers. The law firm provides advice and representation on tax matters. P3 Board granted authorization to initiate litigation against Jakku Properties LLC and their property, 100760 Overseas Highway, Key Largo, Florida, to seek compliance with County Code and enforce the lien(s) arising from Code Compliance Case Number CE17110029. P4 Board granted approval and authorized execution of the 2nd Amendment to Agreement for provision of Legal Services with Rissman, Barrett, Hurt, Donahue & McLain, P.A. (outside counsel for workers' compensation cases), to add attorney Andrew T. McGarrell, Esquire as an approved timekeeper. P5 Board granted authorization to initiate litigation against Leonardo Rodriguez and his property, 429 Big Pine Road, Key Largo, Florida, to seek compliance with County Code and enforce the lien(s) arising from Code Compliance Case Number CE19030156. Page 111 06/16/2021 P6 Board granted approval to reimburse Florida Keys Aqueduct Authority in the amount of $330,606.38, which is 50% of the legal fees generated by Lewis, Longman, and Walker, P.A. for the administrative challenge to the Turkey Point NPDES permit. P8 Board granted approval to pay the outstanding 2019 and 2020 taxes, totaling $2,237.64, on the real property, located at 104 Jamaica Street on Duck Key, acquired by tax deed. P9 Board granted approval to advertise a Public Hearing to adopt a glitch Ordinance to remove the requirement in Monroe County Code 2-700 that appointments to the Affordable Housing Advisory Committee be accomplished by resolution. COUNTY ATTORNEY S2 Board granted approval of a Settlement and Release Agreement with the State of Florida in Galleon Bay v. Monroe County & State ofFlorida (Circuit Court Case No. CAK-02-595); and granted authorization for the County Attorney to execute the agreement. S3 Board granted approval and authorized execution of a Professional Services Agreement with law firm of McAlpin & Conroy, P.A., for advice and representation on Jones Act matters. AIRPORT S4 Board adopted the following Resolution accepting the proposal of PNC Bank, National Association to provide the County with a revolving line of credit of up to $10 million to finance and refinance, on an interim basis, costs related to the Concourse A Expansion at the Key West International Airport; approving the form of a line of credit agreement; approving the form of a master note to secure draws under the line of credit agreement,providing a pledge of the net revenues derived from the operation of the airport and certain other available monies to secure repayment of the master note, and authorization for the Mayor, the Clerk, the County Administrator and the Airport Director to sign all necessary documents. RESOLUTION NO. 222-2021 Said Resolution is incorporated herein by reference. PROJECT MANAGEMENT S5 Board granted approval and authorized execution of a Contract with Lori Nozick for $60,000.00 for public art at the new Plantation Key Courthouse and Detention Center Project recommended by the Art in Public Places Selection Committee and the Florida Keys Council of the Arts. S6 Board granted approval and authorized execution of an Agreement with Omnimedia Arts, Inc. (Lothar Speer) for $28,000.00 for public art at the new Plantation Key Courthouse and Detention Center Project recommended by the Art in Public Places Selection Committee and the Florida Keys Council of the Arts. Page 112 06/16/2021 S7 Board granted approval and authorized execution of a Contract with John David Hawver for $12,000.00 for public art at the new Plantation Key Courthouse and Detention Center Project recommended by the Art in Public Places Selection Committee and the Florida Keys Council of the Arts. S8 Board granted approval and authorized execution of a Contract with Maureen Melville for $14,000.00 for public art at the new Plantation Key Courthouse and Detention Center Project recommended by the Art in Public Places Selection Committee and the Florida Keys Council of the Arts. S9 Board granted approval and authorized execution of a Contract with Sally Binard for $14,000.00 for public art at the new Plantation Key Courthouse and Detention Center Project recommended by the Art in Public Places Selection Committee and the Florida Keys Council of the Arts. COUNTY ATTORNEY S10 Board granted approval of a Settlement and Release Agreement between the State of Florida and Monroe County in the matter of Donald Davis v. Monroe County and State of Florida, CA-M-04-379; and granted authorization for the County Attorney to execute on behalf of the County. PROJECT MANAGEMENT S12 Board granted approval and authorized execution of a Contract with Dayton Claudio Studios, Inc., for $28,000.00 for public art at the new Plantation Key Courthouse and Detention Center project recommended by the Art in Public Places Selection Committee and the Florida Keys Council of the Arts. AIRPORT S13 Board granted approval to sponsor 4th of July fireworks as an exception to the requirements of Airport promotional sponsorships Resolution No. 123-2021. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS C10 Motion was made by Commissioner Forster and seconded by Commissioner Martinez granting approval of the Substance Abuse Policy Advisory Board's recommendation selecting the Guidance/Care Center (G/CC) Women's Jail Incarceration Drug Abuse Treatment Program; and the Samuel's House Court Mandated Criminal/Substance Abuse Case Manager as the programs to apply for the Edward Byrne Memorial Justice Assistance Grant; and adopted the following Resolution authorizing the submission of grant applications, totaling $55,199.00 ($27,121.66 for the G/CC WJIP and $28,077.34 for Samuel's House Court Mandated Case Manager)with no cash match, to the Florida Department of Law Enforcement for funding from Page 113 06/16/2021 the Byrne/JAG Program for Federal Fiscal Year 2020; granted approval for the Monroe County BOCC to serve as the coordinating unit of government in the preparation of the grant proposals and the distribution of the funding allocation; and granted authorization for the Mayor to execute the grant funding distribution letter, sign acceptance of grant awards and all grant related documents. Roll call vote carried unanimously, with Commissioner Rice abstaining due to a conflict. RESOLUTION NO. 223-2021 Said Resolution is incorporated herein by reference. C18 Joseph DiNovo, Assistant County Attorney; and Bob Shillinger, County Attorney, addressed the Board concerning an Agreement with Charley Toppino & Sons, Inc., in the amount of$1,445,000.00, for Phase I Development of Rowell's Waterfront Park. This project is funded by TDC Grants and Fund 304. The following individual addressed the Board: James Lupino, representing Florida Lemark Corporation. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Martinez granting approval of the agreement with Charley Toppino & Sons, Inc. Roll call vote carried unanimously. COVID-19 H1 Shannon Weiner, Director of Emergency Management, gave a COVID-19 update for June 2021, and addressed the Board concerning hurricane evacuation. Roman Gastesi, County Administrator, addressed the Board. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING& CODE COMPLIANCE DEPARTMENTS J14 Erin Deady, P.A. gave a Power Point Presentation example of the Adaptation Action Area Maps and Example Comprehensive Plan Policies, developed as part of a Resilience Planning Grant(R2111) from the Florida Department of Environmental Protection's Resilient Coastlines Program. Emily Schemper, Sr. Director of Planning & Environmental Resources; Mr. Shillinger and Judith Clarke, Director of Engineering/Roads & Bridges, addressed the Board. The following individual addressed the Board: Stephanie Russo. COMMISSIONER'S ITEM M8 Commissioner Forster gave a Power Point Presentation regarding public access to the beach known as Sunset Point Park 11 at the end of Bay Drive in a residential neighborhood. Mr. Shillinger, Kevin Wilson, Assistant County Administrator; and Mr. Gastesi addressed the Board. The following individuals addressed the Board: Tamara Green, Richard Brindle, Lucy Given, Sue Heim, Reuven Benami, Val Poulos, Kelly Ford, Deborah Owens, Stephen Burnett, Del Delaurentis, Michael Metzger, Medina Roy, Teresa Kwalick and Amber Navarette. The item was continued to the June 21, 2021 special meeting in Marathon. Page 114 06/16/2021 PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING& CODE COMPLIANCE DEPARTMENTS J13 Karl Bursa, Sr. Administrator-Floodplain, gave a Power Point Presentation of Monroe County's appeal of the updated FEMA Flood Insurance Rate Maps by county staff and Woods Hole Group. PUBLIC HEARINGS Q1 A Public Hearing was held to consider adoption of an Ordinance by the Monroe County Board of County Commissioners amending Monroe County 2030 Comprehensive Plan Policy 501.1.7, Objective 501.2, Policy 501.2.1, Policy 501.2.2, Policy 501.2.3 and Policy 501.5.3 of the Ports, Aviation and Related Facilities Element to allow airport improvements, which may impact wetland areas when there is no other viable alternative available, at the Key West International Airport and the Florida Keys Marathon International Airport, consistent with the Airport Master Plan and Airport Layout Plan for each public airport and consistent with all applicable federal and state permit/authorization requirements, including mitigation for environmental impacts (File 2020-145). Mayte Santamaria, Sr. Planning Policy Advisor, gave a Power Point Presentation. There was no public input. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Forster to adopt the following Ordinance. Roll call vote carried unanimously. ORDINANCE NO. 014-2021 Said Ordinance is incorporated herein by reference. Q2 A Public Hearing was held to consider adoption of an Ordinance revising Section 19-4 of the Monroe County Code to increase the toll rates for Card Sound Road Toll by the Consumer Price Index of 1.6%. The 2-axle rate will increase from $0.78 to $0.80 per axle; and the 3-axle or greater rate will increase from $1.03 to $1.05 per axle. Ms. Clarke addressed the Board. There was no public input. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Forster to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 015-2021 Said Ordinance is incorporated herein by reference. Q3 A Public Hearing was held to consider approval of a Resolution renouncing and disclaiming any right of Monroe County and the public in and to a portion of the right-of-way of Pine Drive, Big Pine Key, Monroe County, Florida, as shown on the Plat of Pine Hammock, Plat Book 3, Page 163, bounded on the north by Don's Court; bounded on the west by Tract D and E, Pine Key Acres; bounded on the south by Pine Drive; and bounded on the east by Block 1, Lots 5-10. Ms. Schemper addressed the Board. There was no public input. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Forster to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 224-2021 Said Resolution is incorporated herein by reference. Page 115 06/16/2021 Q4 A Public Hearing was held to consider adoption of an Ordinance amending Chapter 25 of the Monroe County Code to increase the noncriminal civil penalty for parking violations from $20.00 to $200.00. Ms. Clarke addressed the Board. There was no public input. After discussion, motion was made by Commissioner Forster and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 016-2021 Said Ordinance is incorporated herein by reference. Q5 A Public Hearing was held to consider adoption of an Ordinance revising Section 21-74 and Section 21-99 of the Monroe County Code (MCC)providing for corrections to the MCC section referenced,providing for revisions to the notice requirements for commercial rates and providing for revisions to the notice requirements for the non-ad valorem assessments to conform to F.S. 197.3632. There was no public input. Motion was made by Commissioner Forster and seconded by Commissioner Martinez to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 017-2021 Said Ordinance is incorporated herein by reference. Q6 A Public Hearing was held to consider adoption of an Ordinance amending Article II, Chapter 12, of the Monroe County Code of Ordinances, to adopt the Monroe County Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes incorporating regulation of the use or application of fertilizers. The following individual addressed the Board: Nick Hansen, representing The Scotts Miracle-Gro Company. Mr. Shillinger addressed the Board. After discussion, motion was made by Commissioner Forster and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 018-2021 Said Ordinance is incorporated herein by reference. CLOSED SESSIONS Mr. Shillinger advised the Board that the following two items (K1 & K2) could be eliminated from the agenda based on the approval of the Settlement Agreements under bulk items S2 (Galleon Bay); and S10 (Donald Davis). K1 An Attorney-Client Closed Session in the matter of Galleon Bay v. Monroe County, et al., 02-CA-595-K. K2 An Attorney-Client Closed Session in the matter of Donald Davis v. Monroe County, Case No. 2004-CA-379-M. K3 Mr. Shillinger announced the Attorney-Client Closed Session in the matter of Monroe County v. Coher and Coher Invest Co Ltd, Case No. 2018-CA-674-P, and read the required Page 116 06/16/2021 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 and a certified court reporter. Mayor Coldiron declared the open session of the meeting closed. After the closed session, the meeting was re-opened. K4 Mr. Shillinger announced the Attorney-Client Closed Session in the matter of Monroe County v. Sugarloaf VFD, Inc. & Sugarloaf Wi-Fi, Inc., Case No.2017-CA-631-K, and read the required language into the record pursuant to F.S. 286.011(8). Mr. Shillinger advised that the following persons would be present at the meeting: the County Commissioners, County Administrator Roman Gastesi, County Attorney Bob Shillinger and a certified court reporter. Mayor Coldiron declared the open session of the meeting closed. After the closed session, the meeting was re-opened. STAFF REPORTS El Bryan Cook, Employee Services Director, gave an update on the recruitment of a Director of Parks & Recreation. Mr. Gastesi addressed the Board. E2 Mr. Wilson addressed the Board concerning the Use of Property Policy currently in place. Christine Hurley, Assistant County Administrator, addressed the Board. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING& CODE COMPLIANCE DEPARTMENTS J1 Celia Hitchins, Sr. Administrator of Marine Resources, addressed the Board and gave a Video Presentation on the implementation of the Marina Pump-Out Outfitting Program (MPOOP). Mr. Gastesi and Ms. Schemper addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Martinez to adopt the following Resolution establishing the MPOOP Program to provide technical and educational assistance to marinas in complying with policies and regulations requiring Fixed Pump-Out Systems. Motion carried unanimously. RESOLUTION NO. 225-2021 Said Resolution is incorporated herein by reference. AIRPORT S13 Mr. Shillinger and Mr. Gastesi requested that the Board recall the approval to sponsor 4th of July Fireworks as an exception to the requirements of Airport promotional sponsorships Resolution No. 123-2021. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Martinez to also include Islamorada(Upper Keys Rotary) sponsorship. Motion carried unanimously. Page 117 06/16/2021 COMMISSIONER'S ITEMS M1 Board discussed the approval to designate Commissioner Mike Forster as the bulk motion maker for the balance of his tenure on the Commission. The Board took no action. M6 Ms. Hurley, Mr. Shillinger and Ms. Schemper addressed the Board concerning the County Land Development Code (LDC)requirements for affordable housing with the Transfer of ROGO Exemptions (TREs). After discussion, motion was made by Commissioner Rice and seconded by Commissioner Forster directing staff to process a LDC amendment to allow the transfer of Market Rate ROGOs (transfer of ROGO exemptions [TREs])without the requirement that the existing unit be replaced with an affordable ROGO, or fee in lieu of, or building/buying an affordable housing unit, as a condition of allowing the transfer. Motion carried unanimously. M7 Mr. Gastesi and Mr. Shillinger addressed the Board concerning direction about prioritizing workforce transportation. The Board took no official action. COUNTY ATTORNEY P1 Mr. Shillinger referred the Board to the County Attorney report for June 2021. Said report is incorporated herein by reference. P1 Mr. Shillinger advised the Board that he and the State Attorney scheduled ethics training for August 10, 2021 at the Marathon Government Center. P1 Mr. Shillinger advised the Board that Governor DeSantis convened the Judicial Nominating Commission to accept applications to fill the vacancy of Judge Ruth Becker, who is retiring. Interested attorneys must submit their application to the County Attorney's Office by noon, Friday, June 25, 2021. P7 Mr. Shillinger requested to hold an Attorney-Client Closed Session in the matter of Roy's Trailer Park, Inc., d1b/a Island Life Village v. Eric Noel and Marie C. Noel and Monroe County, Case No. 19-CA-000175-K, and read the required language into the record. Motion was made by Commissioner Rice and seconded by Commissioner Forster to hold the closed session at the regularly scheduled BOCC meeting on July 21, 2021 in Marathon, Florida at 1:30 p.m. or as soon thereafter as may be heard. Motion carried unanimously. P1 Mr. Shillinger requested to hold an Attorney-Client Closed Session in the matter of Monroe County v. Fannie Mae, Case No. 20-CA-454-AK, and read the required language into the record. Motion was made by Commissioner Rice and seconded by Commissioner Martinez to hold the closed session at the regularly scheduled BOCC meeting on July 21, 2021 in Marathon, Florida at 1:30 p.m. or as soon thereafter as may be heard. Motion carried unanimously. SHERIFF'S OFFICE S1 Mr. Shillinger addressed the Board concerning approval of Fiscal Year 2021 recommendations of the Monroe County Shared Asset Forfeiture Fund Advisory Board and Page 118 06/16/2021 rescission of approval of item M1 from the May 19, 2021 agenda. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Forster granting approval of the recommendations, taking out items 423 & 429 (Florida Keys Healthy Start Coalition and Guidance Care Center), as follows: Easter Seals Florida, Inc., for medical rehabilitation and audiology services for children and adults with special needs, in the amount of$3,229.41; Literacy Volunteers of America-Monroe County, Inc., LVA Prevention through Literacy Program, in the amount of$4,411.38; Keys to be the Change, Inc., for Kids Win Mentoring Program, in the amount of$3,739.95; Grace Jones Community Center, Grace Jones services to underserved at-risk children and adolescents, in the amount of$4,654.24; Monroe Association for ReMARCable Citizens, for adult day training, in the amount of$6,959.51; The Last Resort Ministry, Inc., for last resort ministry, in the amount of$3,325.66; Kids Come First in the Florida Keys, Inc., essentials for youth experiencing financial diversity, in the amount of$4,220.39; Autism Society of the Keys, Grace Jones services to underserved at-risk children and adolescents, in the amount of$6,221.92; A Positive Step of Monroe County, Inc., Idle Hands Summer Employment Program, in the amount of$4,679.06; D.O.L.P.H.LN.S. to Stop Domestic Violence, Inc., for Living Springs Counseling, in the amount of$2,527.89; Samuel's House, Inc., for Prevention through Provision and Services, in the amount of$6,555.76; Florida Keys Outreach Coalition, Inc., in the amount of$6,321.92; Good Health Clinic, acquisition of$3-5 million in donated medical services and medications for keys residents living in poverty, in the amount of$4,680.64; Florida Keys Area Health Education Center, Inc., Monroe County's Children's Health Centers, in the amount of$6,816.65; Educational Coalition for Monroe County, for prevention education for Marathon middle and high school students, in the amount of$2,957.98; Wesley House Family Services, for SAFF mental and physical health care for minors and adults, in the amount of$5,789.60; Heart of the Keys Recreation Association, Inc., in the amount of$3,516.67; Independence Cay, for homeless supports increases self-sufficiency, in the amount of$4,945.22; KAIR—Keys Area Interdenominational Resources, for housing assistance for keys residents, in the amount of$4,923.79; Anchors Aweigh Club, to remain a healthy, safe and open facility for 2021, in the amount of$4,054.24; Florida Keys Children's Shelter, Inc., for Project Lighthouse, in the amount of$4,984.33; South Florida Council, Boy Scouts of America, for Operation Scoutreach, in the amount of$2,552.71; Key West Botanical Garden Society, growing the garden companions, in the amount of$2,611.73; Islamorada Fire Rescue Explorers Post, for Islamorada Fire Rescue Explorers Post, in the amount of$3,720.39; Metropolitan Community Church Key West, Cooking with Love, in the amount of$6,603.89; Key West Preschool Co-operative Inc., in the amount$2,624.14; Volunteers of America Florida, Grant Per Diem Program, in the amount of$2,924.14; and Florida Keys Foster Adoptive Parent Association, for every child matters, in the amount of$3,320.96. Motion carried unanimously. S1 Motion was made by Commissioner Rice and seconded by Commissioner Martinez granting approval of item 4 23 (the Florida Keys Healthy Start Coalition, Inc., for keys to kid's safety program to support safety & enforcement, in the amount of$5,245.22). Roll call vote carried unanimously, with Commissioner Forster abstaining due to a conflict. S1 Motion was made by Commissioner Forster and seconded by Commissioner Martinez granting approval of item 429 (Guidance/Care Center, Inc., for Video Surveillance Expansion Project; in the amount of$3,616.67). Roll call vote carried unanimously, with Commissioner Rice abstaining due to a conflict. Page 119 06/16/2021 COUNTY ATTORNEY Sl 1 Mr. Shillinger and Peter Morris, Assistant County Attorney, addressed the Board concerning approval of a Settlement Agreement in Monroe County v. Magnolia 101 LLC Case No. 13-CA-945-P; and authorization for the County Attorney to execute on behalf of the County. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Forster granting approval of the revised Settlement Agreement and authorization for the County Attorney to execute on behalf of the County. Motion carried unanimously. 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 J ameea.0.M«y e,&, ae. Page 120 06/16/2021