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01/21/2022 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Friday, January 21, 2022 Marathon, Florida& Via Communication Media Technology A regular meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. at the Marathon Government Center and via Communication Media Technology. Present and answering to roll call were Commissioner Craig Cates, Commissioner Michelle Coldiron, Commissioner Holly Raschein and Mayor David Rice. The District 3 seat is vacant. 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 Raschein and seconded by Commissioner Coldiron granting approval of the Additions, Corrections & Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS B 1 Presentation of Years of Service Award for twenty years of service to Paul Wunderlich, Construction Inspector, Engineering Department. B2 Monroe County Fire Rescue badge pinning and oath presentation of nine new members as follows: Firefighter EMT Alexander Andalia, Firefighter Paramedic Chris Baylis, Firefighter EMT Kevin Cossio, Firefighter EMT Joseph Hernandez, Firefighter EMT David Iser, Firefighter EMT Ariel Lopez, Firefighter Paramedic Adrian Macias Ricard, Firefighter EMT Carlos Nava Orosco and Firefighter EMT Spencer Saltzburg. B2 Presentation of Years of Service Award for ten years of service to Battalion Chief Charlie Mather, Fire Rescue. BULK APPROVALS Motion was made by Commissioner Cates and seconded by Commissioner Coldiron granting approval of the following items by unanimous consent: C2 Board granted approval and authorized execution of a one-year Residential Lease Agreement with a County employee, JW, as Lessee, for Unit 2, of a County-owned duplex. Page 11 01/21/2022 C3 Board granted approval and authorized execution of a one-year Residential Lease Agreement with County employee, Douglas Smith, as Lessee, for the Key Largo tiny house. C5 Board granted approval and authorized execution of a Distribution Right-of-Way Easement with Florida Keys Electric Cooperative Association, Inc. (FKEC) for the Rowell's Waterfront Park. This utility easement is needed in order to allow FKEC to construct, operate and maintain electric service for Rowell's Waterfront Park. C6 Board granted approval to negotiate a Contract with WSP USA, Inc. for Construction Engineering and Inspection Services for the Florida Keys Overseas Heritage Trail Connection at Cudjoe Gardens Project. If successful negotiations cannot be reached, Board granted approval to negotiate with the next highest ranked respondent until successful negotiations are reached. C7 Board granted approval to accept grant funding from the Florida Firefighter Cancer Decontamination Equipment Grant Program for the purchase of firefighting protective equipment in the amount of$11,704.00. The grant would provide 75% funding, up to a maximum of$8,778.00; and the County is required to match 25%, or $2,926.00. Board also granted authorization for the County Administrator to execute any required documentation in relation to the approval process. C8 Board ratified the Standard Contract 4 AA-2229, Older Americans Act between Alliance for Aging, Inc., and Monroe County Board of County Commissioners/Monroe County Social Services/In-Home Services and Nutrition Programs for the contract period of January 1, 2022, through December 31, 2022, in the not to exceed amount of$726,265.90. C9 Board granted approval to purchase fourteen Ford F-150's Model 2022 Ford F-150 2WD Reg Cab Pickup from Alan Jay Fleet Sales in the amount of$26,460.00 each, $370,440.00 total; by "Piggybacking" the Florida Sheriff's Contract 4 v2 FSA20-VEL28.0; for Facilities Maintenance, Parks & Beaches, Code Enforcement and Transportation Departments. These purchases are already in the approved budget for the departments. C10 Board granted approval of the rescission of previously approved Consent Order between the State of Florida, Department of Environmental Protection, Thurmond Street Partners LLC, the USA-Everglades National Park and Monroe County, to reach settlement with Thurmond Street Partners LLC, for dredging and filling wetlands and altering mangroves without a permit; and granted approval and authorized execution of a revised version that includes Attachment 11 from the National Park Service. C 11 Board granted approval to award surplus units to the highest bidders as set forth in the Budget& Finance Purchasing Department Tabulation Sheet; and granted authorization to award the surplus items to the next highest bidder(s), if necessary, until items are disposed of. Said tabulation sheet is incorporated herein by reference. C 12 Board granted approval and authorized execution of a Task Order and Amendment to the Continuing Services Contract with HDR Engineering, Inc., in the amount of$99,214.00, to extend the term of the contract for one year to provide consultant services to perform a Page 12 01/21/2022 stormwater needs analysis for county-maintained roads as required by Section 403.9302(3)(a), F.S. and to evaluate roadway asset management software systems. C13 Board granted approval to purchase two new 2023 Ford F-750 Clam Trucks; one for Roads & Bridges Upper Keys; and one for Solid Waste Department;piggybacking on Sourcewell Contract No. 2022 120716-NAF & 060920-NAF. These are already approved in the County Fiscal Year 2022 Budget. C14 Board accepted the report of monthly Change Orders for the months of November and December 2021, reviewed by the County Administrator/Assistant County Administrator. Said reports are incorporated herein by reference. C16 Board granted approval to negotiate for On Call Professional Engineering Services Contracts with the top six ranked respondents: Kisinger Campo & Associates, KCI Technologies, Inc., WSP USA, Inc., HDR Engineering, CSA Central Inc., and Kimley Horn. If successful negotiations cannot be reached with any of these six respondents, Board granted approval to negotiate with the next highest ranked respondent until successful negotiations are completed, resulting in contracts with no fewer than six firms. C17 Board granted approval to accept three separate offers, made on behalf of three former Monroe County Fire Rescue patients ("Debtor"), by making payment on account for less than the full amount for services rendered by Global Sky Aircharter Corporation a/k/a Trauma Star Air Ambulance Transport. These three payments totaling $27,083.92, if accepted, will be applied respectively to each debtor's account and be considered payment-in-full and final settlement. C18 Board granted approval to add one new full time equivalent position of Executive Assistant, in the Fiscal Year 2022 budget, for Parks and Beaches. C20 Board granted approval of the Monroe County Purchasing Policy, which includes revisions that align with the processes of the new finance system and the new purchasing card issuing bank. These include changes in terminology and forms that are now obsolete. Other minor changes were made to make terminology more consistent or to clarify the item. C21 Board granted approval to advertise a Public Hearing to approve and incorporate into the Monroe County Code of Ordinances the newly created Section 22-129 of Article VI Other Municipal Service Taxing Units in Chapter 22 Special Districts. C22 Board granted approval to rescind Agenda Item D8 which was an approval of an Agreement with Key West PD, LLC d/b/a Island Private Care, from the April 15, 2020, BOCC meeting. Page 13 01/21/2022 C23 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. 001-2022 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 002-2022 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 3). RESOLUTION NO. 003-2022 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 4). RESOLUTION NO. 004-2022 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO. 005-2022 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 6). RESOLUTION NO. 006-2022 Said Resolution is incorporated herein by reference. Amending Resolution No. 436y-2021 (OMB Schedule Item No. 7). RESOLUTION NO. 007-2022 Said Resolution is incorporated herein by reference. Amending Resolution No. 326-2021 (OMB Schedule Item No. 8). RESOLUTION NO. 008-2022 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 9). RESOLUTION NO. 009-2022 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 010-2022 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO. 011-2022 Said Resolution is incorporated herein by reference. Page 4 01/21/2022 Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 012-2022 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 013-2022 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 014-2022 Said Resolution is incorporated herein by reference. Amending Resolution No. 458-2021 (OMB Schedule Item No. 15). RESOLUTION NO. 015-2022 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). RESOLUTION NO. 016-2022 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 017-2022 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 018-2022 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 019-2022 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 020-2022 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 021-2022 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO. 022-2022 Said Resolution is incorporated herein by reference. Page 5 01/21/2022 Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO. 023-2022 Said Resolution is incorporated herein by reference. C24 Board accepted the award for Staffing for Adequate Fire and Emergency Response Grant, in the amount of$5,665,104.00; and granted approval for the County Administrator to execute any required documentation in relation to the approval process. TOURIST DEVELOPMENT COUNCIL D1 Board granted approval to advertise a Request for Proposals for Professional Public Relations Agency Services for the Monroe County Tourist Development Council. D2 Board granted approval to advertise a Request for Proposals for a Visitor Profile Survey Agency for the Monroe County Tourist Development Council. D3 Board granted approval to advertise a Request for Proposals for an International Sales Agency for the Monroe County Tourist Development Council. D4 Board granted approval to revise Section II of the Tourist Development Council Operations Manual to add the reimbursement of up to fifty percent of digital programs to Cultural, Fishing and Destination Events allowable marketing expenses. D5 Board announced one vacant position on the Tourist Development Council District IV Advisory Committee for one "At Large" appointment. D6 Board granted approval of Ms. Cora Baggs (sole applicant) as the "At Large" appointment to the Tourist Development Council District III Advisory Committee. D7 Board granted approval and authorized execution of the lst Amendment to Agreement with Key West Film Festival Corporation, Inc., for the Key West Film Festival Event, to amend the agreement due to a scrivener's error within the original expiration date. AIRPORTS J1 Board granted approval to purchase a Mitsubishi Forklift, in the amount of$66,430.00, from Kelly Tractor Co. for the Florida Keys Marathon International Airport utilizing Florida Sheriff's Association Contract No. FSA20-EQUI 8.0. The loader will be paid from Florida Department of Transportation Essential Airport Equipment Grant GIU50 (80%); and Marathon Airport Operating Fund 403 (20%). J2 Board ratified and granted approval of Airport Rescue Grant Agreement No. 3-12-0044- 039-2022 from the United States of America, acting through the Federal Aviation Administration, as executed by the Director of Airports,providing $59,000.00 to the Florida Keys Marathon International Airport for the purpose of preventing,preparing for and responding to the Coronavirus Pandemic. No match is required for this grant. Page 16 01/21/2022 J3 Board ratified and granted approval of Airport Rescue Grant Agreement No. 3-12-0037- 069-2022 from the United States of America, acting through the Federal Aviation Administration, as executed by the Director of Airports,providing $426,340.00 for the purpose of providing relief from rent and minimum annual guarantees to each eligible in-terminal airport concession at the Key West International Airport. No match is required for this grant. J4 Board ratified and granted approval of the 2nd Amendment to State of Florida, Department of Transportation, Public Transportation Grant Agreement No. G1 Q04, as executed by the Director of Airports, amending the grant scope of work for EYW Planning Studies to include Bird Control Services at the Key West International Airport. This grant is funded by Florida Department of Transportation (50%); and Airport Operating Fund 404 (50%). J5 Board accept the report of Airport Change Orders, for the month of December 2021, reviewed by the County Administrator/Assistant County Administrator. Said report is incorporated herein by reference. J6 Board granted approval to reject all bids and re-advertise a competitive solicitation for the Florida Keys Marathon International Airport West Apron Expansion Drainage Project. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS K1 Board adopted the following Resolution by the Monroe County Board of County Commissioners (BOCC) approving the request of Mote Marine Laboratory, Inc., for the release and waiver of the residential inclusionary requirements pursuant to Monroe County Land Development Code Section 139-1(e)(3)which provides the Monroe County BOCC with the authority to reduce, adjust, or waive the requirements of the residential inclusionary requirements; and approving the acceptance of two market rate ROGO exemptions to Monroe County which were previously deed restricted as affordable housing to satisfy the residential inclusionary requirement triggered by the redevelopment of the Mote Marine Laboratory Facility, having the present address of 24244 Overseas Highway, Summerland Key, Monroe County, Florida, and currently bearing Monroe property identification number 00190890- 000000. RESOLUTION NO. 024-2022 Said Resolution is incorporated herein by reference. K2 Board granted approval to advertise a Public Hearing to consider approval of an Ordinance amending Chapter 12, Article IV. - Irrigation Conservation, to be consistent with South Florida Water Management District Rule 40E-24, Florida Administrative Code (FAC), requiring year-round irrigation conservation measures to achieve water conservation consistent with District Rule 40E-24.201, FAC, including irrigation standards such as hours, days of the week, variance and enforcement procedures. Page 17 01/21/2022 K3 Board adopted the following Resolution of the Monroe County Board of County Commissioners waiving approximately $7,455.00 in building permit fees for a total of five affordable housing dwelling units serving the median income level category (100% of median) or below, to be constructed on parcels located at 31351 Avenue D, 31455 Avenue A, 31565 Avenue A, 31526 Avenue B, and 31272 Avenue H, on Big Pine Key. RESOLUTION NO. 025-2022 Said Resolution is incorporated herein by reference. SHERIFF'S OFFICE M1 Board granted approval of the request for expenditure for Federal Equitable Sharing Funds, for Fiscal Year 2022, to be used to purchase metal evidence lockers. COMMISSIONER'S ITEMS N1 Board adopted the following Resolution urging reforms to the National Flood Insurance Program that include protection from the potential increases to flood insurance premiums as a result of the implementation of Risk Rating 2.0 by limiting annual increases to flood insurance premiums to no more than 10%per year, and supporting federal legislation recently introduced in Congress that include these reforms. RESOLUTION NO. 026-2022 Said Resolution is incorporated herein by reference. N3 Board adopted the following Resolution supporting passage of the federal Commitment to Veteran Support and Outreach Act that will provide additional funding to Monroe's Veterans Affairs Department that serves and supports the County's veterans and their families. RESOLUTION NO. 027-2022 Said Resolution is incorporated herein by reference. COUNTY CLERK 01 Board granted approval of the minutes from the budget meetings of September 8, 2021, and September 15, 2021; and from the regular meetings of September 15, 2021, and October 20, 2021. Said minutes are incorporated herein by reference. 02 Board granted approval to dispose of records that have met the appropriate retention period. 03 Board granted approval to remove furniture from inventory and dispose of it. Page 18 01/21/2022 04 Board granted approval of Tourist Development Council expenses for the month of December 2021, as follows: Vendor Amount Advertising $28,252.25 Bricks & Mortar Projects $135,537.26 Events $11,940.33 Office Supplies & Operating Costs $32,129.07 Personnel Services $152,459.70 Sales & Marketing $27,400.11 Telephone & Utilities $2,823.73 Travel $2,070.17 Visitor Information Services $89,806.67 05 Board granted approval of BOCC Warrants 10096703-10098400 (AP); 27809-27906 (WC); no (PR Checks); all payroll direct deposited to employee's bank accounts for the month of December 2021 as follows: Fund Fund Title Amount 001 General Fund $49,135,099.33 101 Fine & Forfeiture $5,048,367.91 102 Road/Bridges $1,231,729.76 115 Tourist Development Council-Two Penn $631,381.47 116 TDC - Admin Promo 2 Cent $934,274.08 117 TDC - District 1 Third Cent $530,343.98 118 TDC - District 2 Third Cent $247,056.19 119 TDC - District 3 Third Cent $404,227.56 120 TDC - District 4 Third Cent $219,091.50 121 TDC - District 5 Third Cent $318,543.92 125 Grant Fund $1,099,198.42 141 Fire/Ambulance $1,237,841.69 147 Unincorporated Service $189,882.01 148 Planning Building $804,280.58 149 Municipal Policing $663,540.91 152 Duck Key Security $8,053.35 153 Local Housing Assistance $48,695.05 157 Boating Improvement Fund $52,878.29 158 Miscellaneous Special Revenue Fund $47,663.24 160 Environmental Restoration $24,704.75 162 Law Enforcement Trust-600 $12,842.00 163 Court Facilities $13,905.65 180 Building Funds $544,921.86 207 2003 Revenue Bonds $5,099,740.00 304 1 Cent Infrastructure $374,202.35 312 Cudjoe Regional WW Project $11,251.64 314 Series 2014 Revenue Bonds $499,994.92 316 Land Acquisition $68,882.82 Page 19 01/21/2022 Fund Fund Title Amount 401 Card Sound Bride $48,395.52 403 Marathon Airport $774,024.72 404 Key West Intl Airport $2,161,004.55 406 PFC & Operating Restrictions $1,511,977.76 414 MSD Solid Waste $1,707,394.40 501 Workers' Compensation $231,489.81 502 Group Insurance Fund $1,644,085.91 503 Risk Management Fund $257,677.70 504 Fleet Management Fund $341,693.54 COUNTY ADMINISTRATOR P1 Board accepted the County Administrator's monthly activity report for January 2022. Said report is incorporated herein by reference. P5 Board granted approval and authorized execution of a revenue based($44,396.06) Interlocal Agreement with the City of Marathon, for its share of the $360,718.00 Grant Agreement MN008, from the Florida Department of Environmental Protection (FDEP) for the Florida Keys Reasonable Assurance Document Water Quality Monitoring Services; of which $22,198.03 is reimbursable to Marathon from FDEP; and $22,198.03 is required as Marathon's 50% local cost share. P6 Board granted approval and authorized execution of Revenue Grant Agreement SD0013, from the Florida Department of Environmental Protection, in the amount of$100,000.00 to fund the design and permitting of injection wells for Canal 278 on Big Pine Key; and Canal 58 in Key Largo as part of the County's Canal Restoration Program. P7 Board granted approval to negotiate with top-ranked respondent Wood Environment& Infrastructure Solutions, Inc. for a Contract to provide Professional Mobile LiDAR Elevation, Surveying and Mapping Services for roads and facilities in the municipalities to assist in their resilience planning work, to be funded by the municipalities; and granted approval, if necessary, to negotiate with next-ranked respondents until an agreement is reached. P8 Board granted approval of the 4th Task Order, in the amount of$153,703.31, to the Contract with HDR, Inc. for the Roads Vulnerability Analysis and Capital Plan for County- maintained roads and related services, to provide conceptual design for the full number of miles of roads subject to inundation by 2045, retroactive to December 17, 2021; and granted authorization for the County Administrator to execute the Task Order. P9 Board granted approval and authorized execution of a $0 Contract with Wood Environment and Infrastructure Solutions, Inc. for Professional Services for the Engineering, Design, Surveys, Permitting, Procurement, and Construction Engineering & Inspection Services for up to ten Canal Restoration Projects listed in the Monroe County Canal Work Plan. Task Orders for the projects will be issued as funds become available. Page 110 01/21/2022 P10 Board granted approval and authorized execution of a $0 Contract with Wood Environment& Infrastructure Solutions, Inc. for On Call Professional Engineering Services for the Canal Restoration Programs for the Category A—Canal Master Plan Program Planning Services. COUNTY ATTORNEY Q2 Board granted approval and authorized execution of a Professional Services Agreement with Gregory Oropeza and the law firm of Oropeza, Stones, and Cardenas, PLLC. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS T1 Board adopted the following Resolution rescinding the reservation of thirty-six Moderate-Income Affordable Housing ROGO Allocations, memorialized by Resolution Nos. 168-2021 and 169-2021, for Gorman & Company and relating to property located at 22732 Overseas Highway, and Lots 17 through 26, Block 1, Cudjoe Ocean Shores, Cudjoe Key, having property identification numbers 00187060-000000, 00187070-000000, 00187080-000000, 00187090-000000, 00187100-000000, 00187110-000000, 00187120-000000 and 00187130- 000000; and property located at the corner of Sacarma Drive and Overseas Highway, Lots 3, 4, 6, 8, 10, 12, 14, and 16, of Sacarma Bay Subdivision, Cudjoe Key, having property identification numbers 00175130-000000, 00175140-000000, 00175180-000000, 00175200-000000, 00175220-000000, 00175240-000000, and 00175260-000000, due to cancellation of purchase contract and no award of SAIL Funding to the development projects. RESOLUTION NO. 028-2022 Said Resolution is incorporated herein by reference. ASSISTANT COUNTY ADMINISTRATOR T2 Board granted approval and authorized execution of the 2nd Amendment to the Task Order with Cardno, Inc. for PFAS evaluations at the Joe London Fire Training Academy. FACILITIES MAINTENANCE T3 Board granted approval and authorized execution of the 5th Amendment to Lease Agreement with Salute Watersports, LLC, for the Mobile Retail Merchandise or Service Concession at Higgs Beach, for rent abatement due to beach closures and/or limited access during the Shoreline Restoration Project at Higgs Beach. The request is for a half month of October 2021, and the full month of November 2021. The total requested abatement is $844.37 for rent and usage tax. Revenue to Monroe County. AIRPORTS T4 Board granted approval and authorized execution of the 2nd Task Order with NV2A Gulf Keystar, A Joint Venture for Construction Manager at Risk Services pre-construction activities in the amount of$259,381.00 for the Key West International Airport Concourse A and Terminal Page 111 01/21/2022 Improvements Program, to be funded by Florida Department of Transportation Grant G2090 (50%); and Airport Operating Fund 404 (50%). T5 Board granted approval and authorized execution of Jacobs Project Management Co.'s PSO 12/15-E3, in the amount of$53,767.00, for design and bid phase for a new chiller system for the main terminal of the Florida Keys Marathon International Airport. The PSO is being funded by Florida Department of Transportation Grant GIP52 (80%); and Airport Operating Fund 403 (20%). PROJECT MANAGEMENT T6 Board granted approval to rescind and replace the 2nd Modification, extending the completion date of the grant to May 31, 2022, and increasing the grant amount by $44,581.12, of Hazard Mitigation Grant Program Agreement 44337-66-R with the Florida Department of Emergency Management which provided design funding, in the amount of$960,652.33, for the Emergency Operations Center at the Marathon Airport. The original 2nd Modification only extended the date. However, the agreement had expired so the 2nd Modification was revised to reinstate and extend the agreement. LIBRARIES T7 Board granted approval to expend up to $300,000.00 in library funds for the purchase of library lending materials from Baker& Taylor using the Board approved purchasing contract; and granted approval of delegation of the purchasing authority to Kimberly Matthews to sign individual invoices for the library's material collection, the cumulative value of which will not exceed $300,000.00. Motion carried unanimously. COUNTY LAND ACQUISITION AND LAND MANAGEMENT Christine Hurley, Land Authority Executive Director, addressed the Board concerning the following four items (G1 to G4). After discussion, motion was made by Commissioner Cates and seconded by Commissioner Coldiron granting approval of the following four items: G1 Resolution granting approval of a purchase agreement of property funded by the Community Development Block Grant-Disaster Recovery Voluntary Home Buyout Program, in the amount of$245,000.00, execution of a restrictive covenant running with the land, and moving one Market Rate - Rate of Growth Ordinance Exemption from the acquired property to the Administrative Relief pool for market rate allocation(s). RESOLUTION NO. 029-2022 Said Resolution is incorporated herein by reference. G2 Resolution granting approval of a purchase agreement of property funded by the Community Development Block Grant-Disaster Recovery Voluntary Home Buyout Program, in Page 112 01/21/2022 the amount of$410,000.00, execution of a restrictive covenant running with the land, and moving one Market Rate - Rate of Growth Ordinance Exemption from the acquired property to the Administrative Relief pool for market rate allocation(s). RESOLUTION NO. 030-2022 Said Resolution is incorporated herein by reference. G3 Resolution granting approval of a purchase agreement of property funded by the Community Development Block Grant-Disaster Recovery Voluntary Home Buyout Program, in the amount of$675,000.00, execution of a restrictive covenant running with the land, and moving one Market Rate - Rate of Growth Ordinance Exemption from the acquired property to the Administrative Relief pool for market rate allocation(s). RESOLUTION NO. 031-2022 Said Resolution is incorporated herein by reference. G4 Resolution granting approval of a purchase agreement of property funded by the Community Development Block Grant-Disaster Recovery Voluntary Home Buyout Program, in the amount of$725,000.00, execution of a restrictive covenant running with the land, and moving one Market Rate - Rate of Growth Ordinance Exemption from the acquired property to the Administrative Relief pool for market rate allocation(s). RESOLUTION NO. 032-2022 Said Resolution is incorporated herein by reference. Motion carried unanimously. G5 Motion was made by Commissioner Cates and seconded by Commissioner Raschein granting approval and authorizing execution of the 2nd Amendment to the Subrecipient Agreement between the Department of Economic Opportunity (DEO) and Monroe County Board of County Commissioners for the Community Development Block Grant-Disaster Recovery (CDBG-DR)Voluntary Home Buyout Program funded through CDBG-DR funds to change property valuation requirement from pre-storm to post storm value, extend the term to June 3, 2023, change the DEO contact, and clarifying employment eligibility verification process, with no local match requirement. Motion carried unanimously. G6 Motion was made by Commissioner Coldiron and seconded by Commissioner Cates to adopt the following Resolution to move one Market Rate—Rate of Growth Ordinance Exemption from property known as Lot 26, Dobie's Subdivision (PB 2-135) and adjoining lands with parcel number 00188860-000000 (formerly 00188870-000000), to the Administrative Relief Pool for market rate allocations. Motion carried unanimously. RESOLUTION NO. 033-2022 Said Resolution is incorporated herein by reference. Page 113 01/21/2022 G7 Motion was made by Commissioner Coldiron and seconded by Commissioner Cates granting approval to terminate Grant for Flood Mitigation (FMA-PJ-04-FL-2016-013) due to property owner of 1512/1514 Duncombe Street withdrawing from the program. Motion carried unanimously. MISCELLANEOUS BULK APPROVAL C1 Bob Shillinger, County Attorney, addressed the Board concerning approval of a Resolution naming the three members of the County Commission designated by the Board to represent Monroe County on the Board of Governors of Fire and Ambulance District 1 for 2022, as required by Ordinance No. 045-1988. After discussion, motion was made by Commissioner Coldiron and seconded by Commissioner Cates designating Commissioner Cates, Commissioner Raschein and Mayor Rice to represent Monroe County on the Board of Governors. Motion carried unanimously. RESOLUTION NO. 034-2022 Said Resolution is incorporated herein by reference. 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 Craig Cates, Commissioner Holly Raschein, Mayor David Rice, Councilman Greg Lewis and Mayor Bruce Halle. H1 Motion was made by Commissioner Raschein and seconded by Commissioner Cates to adopt the following Resolution electing Mayor Halle as the Chairperson and Councilman Lewis as Vice Chairperson of the Board of Governors of Fire and Ambulance District 1 for 2022, as required by Ordinance No. 045-1988. Motion carried unanimously. RESOLUTION NO. 035-2022 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. COVID-19 Il Shannon Weiner, Director of Emergency Management; and Bob Eadie, JD, Administrator& Health Officer for the Monroe County Health Department, gave a COVID-19 update. Page 114 01/21/2022 COUNTY ADMINISTRATOR P3 Roman Gastesi, County Administrator, addressed the Board concerning approval of an Interlocal Agreement with the City of Marathon (City), as documented in Marathon Resolution 2021-119, under which the County will loan the City up to $1.5 million to help the City finance the purchase and rehabilitation of a parcel of real estate that will support operations at Pigeon Key. The loan will be funded by the One Cent Infrastructure Sales Surtax. After discussion, motion was made by Commissioner Coldiron and seconded by Commissioner Cates granting approval of the item. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS C 15 Motion was made by Commissioner Coldiron and seconded by Commissioner Raschein granting approval of the lst Amendment to the Agreement with the Guidance/Care Center (G/CC)for Transportation Services to incorporate transportation protocols for Baker Act/Marchman Act clients and to establish trip rates for the transportation services to be provided by G/CC effective December 1, 2021. Roll call vote carried unanimously, with Mayor Rice abstaining due to a conflict. C19 The following individual addressed the Board concerning approval of a Resolution to waive fees currently charged for non-profit organizations or entities for use of County property or facilities: Stuart Schaffer, representing Sugarloaf Shores Property Owner's Association. Mr. Shillinger addressed the Board. After discussion, motion was made by Commissioner Coldiron and seconded by Commissioner Raschein to continue the item to next month's meeting and to continue to work on the Resolution. Motion carried unanimously. C4 Bryan Cooke, Employee Services Director; Tina Boan, Budget& Finance Sr. Director; Mr. Shillinger; Kevin Madok, Clerk of the Court; and Chief Steve Hudson; addressed the Board concerning approval of a Resolution to revise Section 7.01 C. of the Personnel Policies and Procedures Manual regarding automatic payout of annual leave that exceeds the allowable maximum threshold each year(currently 480 hours for full time, 40-hour employees), as of April 1 st; and,providing an annual option for employees who have at least 320 hours of annual leave accrued to be paid out up to 80 hours, as of November 1 st. The following individual addressed the Board: Andrea Thompson, representing Firefighter Local 3909. After discussion, motion was made by Commissioner Raschein and seconded by Commissioner Coldiron to approve Part (C)1, the $172,000.00—if you will, for this year, not Part(C)2, as follows: C. 1. Annual leave may be used on a payday -to-payday basis as it is earned according to scheduling requirements and may be accumulated up to 60 working days with a maximum of 480 hours. Any time earned in excess of this amount as of April 1st of eff-eh this year(2022) will be paid to the employee at their regular rate of pay. Average Hours Worked Per Week Hours Worked Per Day Maximum Hours Accrual Page 115 01/21/2022 Average Hours Worked Per Week Hours Worked Per Day Maximum Hours Accrual 40 8 480 30 6 360 25 5 300 24 4.8 288 20 1 4 1 240 Anntial Leave 4�heir-fegtilar-r-4e of pay. This pa-yetA of a*ntial leave shall not be eeffated as have a fninifntifn of 320 hetir-s of Nflntial Leave aeemed as of Oeteber-31 in order-to be eligible for-she n anti l Leave pa-ye„A Motion carried unanimously. RESOLUTION NO. 036-2022 Said Resolution is incorporated herein by reference. COUNTY ADMINISTRATOR P4 Kevin Wilson, Assistant County Administrator; and Mr. Shillinger gave a Power Point Presentation report and update on staff s investigations for options for future use and possible disposition of Bay Drive in Key Largo. The following individuals addressed the Board: Sue Heim and Nancy Diersing. Board advised staff to maintain the status quo. STAFF REPORT El Lisa Tennyson, Legislative Affairs & Grants Acquisition Director, gave a legislative update. Mr. Shillinger addressed the Board. COMMISSIONER'S ITEMS N4 Motion was made by Commissioner Coldiron and seconded by Mayor Rice to adopt the following Resolution of the Board of County Commissioners of Monroe County Florida supporting the designation of the Cow Key Channel Bridge on U.S 1/ SR 5 in Monroe County, Florida as the "Cheryl H. Cates Memorial Bridge" and requesting the Florida Department of Transportation erect the appropriate signage reflecting the designation. Motion carried unanimously. RESOLUTION NO. 037-2022 Said Resolution is incorporated herein by reference. N5 Emily Schemper, Sr. Director of Planning & Environmental Resources; and Celia Hitchins, Sr. Administrator Marine Resources, addressed the Board concerning approval of a Resolution supporting enactment and approval of House Bill 1065/Senate Bill 1432 to facilitate a reduction in the number of derelict vessels in the waters of the Florida Keys and directing the Page 116 01/21/2022 Monroe County Marine Resources Office to pursue necessary steps to implement new moorings as required by law and to partner with the City of Key West in the effort to achieve implementation of additional moorings and associated local management. After discussion, motion was made by Commissioner Cates and seconded by Commissioner Coldiron to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 038-2022 Said Resolution is incorporated herein by reference. PUBLIC HEARINGS R1 A Public Hearing was held to consider adoption of an Ordinance that would establish standards and processes to be used in disposing of real property acquired by the County under the Density Reduction Program to neighboring property owners and Property Owners Associations, with deed restrictions prohibiting the construction of Principal Residential Structures, and other limitations. Ms. Hurley, Mr. Shillinger and Ms. Schemper addressed the Board. The following individual addressed the Board: Rudy Krause. After discussion, motion was made by Commissioner Coldiron and seconded by Commissioner Cates to adopt the following Ordinance, with the deletion of an active Property Association pursuant to the definition in F.S. 712.01(5). Motion carried unanimously. ORDINANCE NO. 001-2022 Said Ordinance is incorporated herein by reference. R2 A Public Hearing was held to consider a Resolution renouncing and disclaiming any right of the County and the public in and to the right-of-way of a portion of Peninsular Avenue, Stock Island, Monroe County, Florida, as shown on the Plat of George L. McDonald, Plat Book 1, Page 55, bounded on the north by Block 45, Lots 42-46 and 52-57; bounded on the west by Peninsular Avenue; bounded on the south by Block 61, Lots 5-7, Parcels C, D and G, and Units Ws-32 and Unit bl-ll-20 of Key West Harbour Condominium; and bounded on the east by filled bay- bottom. Ms. Schemper gave a Power Point Presentation. There was no public input. After discussion, motion was made by Commissioner Raschein and seconded by Commissioner Coldiron to adopt the following Resolution. Roll call vote carried unanimously. RESOLUTION NO. 038-2022 Said Resolution is incorporated herein by reference. R3 A Public Hearing was held to consider approval of a Resolution for budget amendments for Fiscal Year 2022 for the Road and Bridge Fund, Fund 102; Impact Fees Roadways Fund, Fund 130; One Cent Infrastructure Surtax Fund, Fund 304; and Series 2014 Revenue Bond, Fund 314. Ms. Boan addressed the Board. There was no public input. After discussion, motion was made by Commissioner Coldiron and seconded by Commissioner Cates to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 039-2022 Said Resolution is incorporated herein by reference. Page 117 01/21/2022 COUNTY ADMINISTRATOR P2 Mr. Shillinger, Ms. Boan, Lindsey Ballard, Aide to County Administrator; and Pamela Hancock, Deputy Clerk; addressed the Board concerning the 2022 appointments of Commissioners to various duties. Said appointments are attached hereto. COMMISSIONER'S ITEM N2 The following individual addressed the Board concerning ongoing issues with the Middle Keys Land Trust's Project at Woods Corner: Josh Moreire, representing Woods Corner Home Association. Mr. Shillinger addressed the Board. The Board took no official action. CLOSED SESSION L2 Mr. Shillinger announced the Attorney-Client Closed Session and Risk Management Closed Session in the matter of Monroe County v. Sugarloaf VFD, Inc. & Sugarloaf Wi-Fi, Inc., 161h Judicial Circuit Case No.: 2017-CA-631-K, and read the required language into the record pursuant to Section 286.011(8) and 768.28 F.S.S. Mr. Shillinger advised that the following individuals would be present at the meeting: County Commissioners; County Administrator Roman Gastesi, County Attorney Bob Shillinger; and a certified court reporter. Mayor Rice declared the open session of the meeting closed. After the closed session, the meeting was re-opened. COUNTY ATTORNEY Q1 Board accepted the County Attorney report for January 2022. Said report is incorporated herein by reference. 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 ameta 0.MAnce,&, ae. 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