04/20/2022 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
RegularMeeting
Board of County Commissioners
Wednesday, April 20, 2022
Marathon, Florida &
Via Communication Media Technology
Aregularmeeting of the Monroe County Board of County Commissioners convened at
9:00 a.m. at theMarathonGovernment Center and via Communication Media Technology.
Present and answering to roll call were Commissioner Craig Cates, Commissioner Michelle
Coldiron, Commissioner Holly Rascheinand 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
A1Motion was made by Commissioner Coldironand seconded by Commissioner Cates
granting approval of the Additions, Corrections &Deletions to the agenda. Motioncarried
unanimously.
PRESENTATION OF AWARDS
B8Monroe County Fire Rescue Badge Pinning and Oath Presentation of twenty-seven (27)
new members as follows: Firefighter EMT Diego Bejerano, Firefighter Paramedic Victor
Clavelo Garcia, Firefighter EMT Krysten Echo, Firefighter EMT Cesar Fernandez, Firefighter
EMT James Findlay, Firefighter EMT Desmond Fox, Firefighter EMT Honzik Frystacky,
Firefighter EMT Dayron Garcia, Firefighter Paramedic Randy Gonzalez, Firefighter Paramedic
Stephen Habich, Firefighter Paramedic Jesus Hernandez Lopez, Firefighter EMT Rafael Hueso,
Firefighter Paramedic Matthew Hill, Firefighter Paramedic Liz Jacoby, Firefighter EMT Jaedon
Johnson, Firefighter Paramedic Joel Lopez, Firefighter EMT Eric Lopez, Firefighter EMT Jordan
Lyon, Firefighter Paramedic Adrian Parra, Firefighter EMT Robert Rodriguez, Firefighter
Paramedic Nicholas Roman, Firefighter Paramedic Samantha Seco, Firefighter Paramedic Mark
Serrano, Firefighter EMT Austin Taylor, Firefighter EMT Matthew Vigness, Firefighter
Paramedic Tyler Welbaum and Firefighter EMT WilliamYuque.
B1Presentation of plaque awarding Monroe County a Class 3 status in the National Flood
Insurance Program Community Rating System.
B2Presentation of Mayor's Proclamationproclaimingthe month of April 2022 as Fair
Housing Month.
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B3Presentation of Mayor's Proclamation in recognition of Rylan Chapa’s athletic
accomplishments and dedication.
B4Presentation of Mayor's Proclamation declaring the month of April 2022 as Child Abuse
Prevention and Volunteer Appreciation month on behalf of the Florida Guardian ad Litem
Program.
B5Presentation of Mayor's Proclamation declaring April 24-30, 2022 as National Crime
Victims’Rights Week in Monroe County, Florida.
B6Presentation of Mayor's Proclamation declaring May 11-17, 2022 as Law Enforcement
Memorial Week in Monroe County, Florida.
BULK APPROVALS
Motion was made by Commissioner Rascheinand seconded by Commissioner Coldiron
granting approval of the following items by unanimous consent:
C1Board granted approval to dispose of one surplus vehicle to be cut up for vehicle
extrication training purposes at the Training Academy.
C2Board granted approval to accept two separate offers, made on behalf of two former
Monroe County Fire Rescue patients, 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 two payments, totaling $11,464.00, if accepted, will be applied
respectively to each debtor’s account and be considered payment-in-full and final settlement.
C3Board granted approval and authorized execution of the2ndAmendment to the License
Agreement with Friends of the Key Largo Cultural Center, Inc. for management and operation of
a variety of cultural, recreational, and related programs at the Murray E. Nelson Government and
Cultural Center for a six-month term extension and an update of other provisions of the license
agreement.
C4Board granted approval to reject the single bid and re-advertise for the Florida Keys
Overseas Heritage Trail Connection at Cudjoe Gardens Project. Florida Department of
Transportation (FDOT)requires rebidding if the construction is funded by a FDOT Local
Agency Program Agreement.
C5Board granted approval and authorized execution of a Lease Agreement with the State of
Florida,Department of Health, Monroe County Health Department (MCHD) to provide
continued office space at the Gato Building, 1100 Simonton Street, Key West, FL. The County
leases the space to the MCHDat no costs for the year.
C6Board granted approval and authorized execution of a Lease Agreement with the State of
Florida,Department of Health, Monroe County Health Department(MCHD)to provide
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continued office space at the Roth Building, 50 High Point Road, Tavernier, FL. The County
leases the space to the MCHDat no costfor the year.
C7Board granted approval and authorized execution of a Lease Agreement with the State of
Florida,Department of Health, Monroe County Health Department (MCHD) to provide
continued office space at the Ruth Ivins Center, 3333 Overseas Highway, Marathon, FL. The
County leases this space to the MCHDat no costfor the year.
C8Board granted approval and authorized execution of the1stAmendment to Agreement
with Dude Solutions, Inc. upgrading the Asset Essentials Software to Asset Essentials
Professional Plus to allow more departments to utilize the software. The fee increase over five
years is $35,958.52. This is funded by the one cent infrastructure sales surtax.
C9Board granted approval and authorized execution of anAgreement between Gartner, Inc.
and Monroe County,in the amount of $44,064.00,for research and analysis of products and
systems for the County in selecting hardware, software solutions, Telecom, and other
Information TechnologyServices.
C10Board granted approval and authorized execution of therenewal of the AT&T Contract,
maintaining the cost per circuit in order to provide internet circuits of varying bandwidth sizes at
nineteenlocations throughout Monroe County, including guaranteed pricing for prioritizing
usage on Monroe County AT&T internet circuits (necessary for voice and video).
C11Board granted approval to award bid and authorized execution of aContract with Carr,
Riggs & Ingram CPAs and Advisors for Construction Auditing Services to be used on large and
complex projects.
C12Board granted approval and authorized execution of aLease Extension with KIR Key
Largo 022 LLC, for a five-year term (2022 -2027) for the Social Services Site at Tradewinds
Shopping Center, at an initial cost of $44,544.00per year,with annual adjustments of 5%.
Funding in Fiscal Year 2022 is from infrastructure sales taxes. In subsequent years, it will be
funded by ad valorem taxes.
C13Board granted approval and authorized execution of the1stAmendment to Task Order
with William Horn Architect, P.A.,in the amount of $7,000.00,for the design through
construction administration of the renovation of the temporary Fleet Maintenance Department
Offices on Rockland Key. This amendment increasesthe scope of services due to requested
changes in design by Monroe County staff. Funded by one cent infrastructure sales tax.
C14Board granted approval to award bid and authorized execution ofaContract with Sea
Tech of the Florida Keys, Inc. to replace eight wooden doors on the Historic Courthouse in Key
West. The cost is $166,915.00 and will be funded by infrastructure sales surtax.
C15Board granted approval and authorized execution of the 1stAmendment to Task Order
with RS&H, Inc. for Construction Engineering and Inspection Services for the 1st Street and
Bertha Street (Key West) Roadway and Drainage Improvement Project. This task order is being
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increased due to construction contract change order time extensions in the maximum,not to
exceed,amount of $202,517.89.
C16Board granted approval and authorized execution of the 5thAmendment to Agreement
with EAC Consulting, Inc. for engineering design of the 1st Street and Bertha Street Roadway
Improvement Project (Key West) to add post design services in the maximum,not to exceed,
amount of $16,000.00, revising thetotal contract amount to $499,827.16.
C17Board granted approval to close Fund 308, Infrastructure Revenue Bonds Series 2007
Capital Projects Fund, and request the Clerk of the Court to transfer remaining residual funds
(approximately $186,086.00)to Fund 304, one cent infrastructure sales tax.
C18Board granted approval and authorized execution of the 4thModification to Agreement
with the Florida Department of Juvenile Justice (DJJ) for a five-year lease extension for the DJJ
on Stock Island.
C19Board granted approval and authorized execution of the1stAmendment to Agreement
with Gary's Plumbing and Fire, Inc., for Full Maintenance Fire Protection Services at County
facilities to increase the annual,not to exceed,contract amount from $70,000.00 to $135,000.00
due to unanticipated repairs and to correct the Notice Provision. Funding is advalorem.
C20Board accepted the report of monthly Change Orders for the month of March 2022,
reviewed by the County Administrator/Assistant County Administrator.Said report is
incorporated herein by reference.
C22Board granted approval to award bid and authorizedexecution ofaContract with Five 12
Painting and Remodeling, LLCfor exterior painting of the Big Pine Key Fire Station Building,
excluding the mural. The cost is $19,300.00 and will be funded by infrastructure sales surtax.
C23Board granted approval to advertise aRequest for Proposals for Replacement and
Installationof Fire Wells in Monroe County.
C24Board granted approval and authorized execution of the 3rdAmendment to Task Order
for the Engineering Design and Permitting for the Bimini Drive Bridge (#904603) Replacement
Project to add additional Post Design Engineering Services in the total,not to exceed,amount of
$58,128.00. The revised total,not to exceed,amount for this task order is $1,039,315.23.
C25Board granted approval and authorized execution of the1st Amendment to Agreement
with Tetra Tech, Inc. for Hurricane Debris Monitoring and Disaster Related Services, for a five-
year contract extension.
C26Board granted approval and authorized execution of aTask Order with Kisinger Campo
and Associates, Corporation for Engineering Design ofthe Card Sound Bridge Navigational
Lighting Replacement Projectin the, not to exceed,amount of $48,254.00, plus estimated
expenses of $2,700.00,for a total,not to exceed,amount of $50,954.00. This task order is being
awarded under the Agreement for On Call Professional EngineeringServices.
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C27Board granted approval to add three new full-time equivalent positionsfor the Library
Department to assist with the staffing ofthe Marathon Branch (1-Library Assistant 302, 1-
Library Associate 308);and to grow the Department's Community Engagement & Partnerships
Program (1-Community Affairs Administrator 312).
C28Board granted approval to advertise a Public Hearing for a Budget Amendment for the
Fiscal Year 2022 for Fleet Management Fund 504.
C29Board granted approval of revisions to the Monroe County Public Library Policy Manual.
Said manual is incorporated herein.
C30Board adopted the followingResolution authorizing the County Administrator (or his
designee) to suspend collection of certain use or entrance fees at county facilities,parks,or
beaches; and providing an effective date.
RESOLUTION NO. 107-2022
Said Resolution is incorporated herein by reference.
C31Board granted approval and authorized execution of the1stAmendment to Contract with
Lori Nozick for public art at the new Plantation Key Courthouse and Detention Center Project.
This 1stamendment changes the location of the artwork, provides sixty days to finalize, and is a
no cost change to the contract.
C32Board granted approval to award contract and authorizedexecution of an Agreement with
Buccaneer Courier for Courier Services,for a period of two years commencing on May 1, 2022
and ending on April 30, 2024,with an option to renew for two additional two year periods.
C33Board granted approval and authorized execution of the 1stRenewal and 1stAmendment
to Agreement with Ralons Security, LLC for Security Patrols and Services in the Duck Key
Security District.
C34Board adopted the following Resolutions concerning the Transfer of Funds and the
Receipt of Unanticipated Revenue:
Transfer of Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 108-2022
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 109-2022
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 110-2022
Said Resolutionis incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 111-2022
Said Resolution is incorporated herein by reference.
ReceiptofUnanticipatedFunds(OMB Schedule Item No. 5).
RESOLUTION NO. 112-2022
Said Resolution is incorporated herein by reference.
ReceiptofUnanticipatedFunds(OMB Schedule Item No. 6).
RESOLUTION NO. 113-2022
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 114-2022
Said Resolution is incorporated herein by reference.
ReceiptofUnanticipatedFunds(OMB Schedule Item No. 8).
RESOLUTION NO. 115-2022
Said Resolution is incorporated herein by reference.
ReceiptofUnanticipatedFunds(OMB Schedule Item No. 9).
RESOLUTION NO. 116-2022
Said Resolution is incorporated herein by reference.
ReceiptofUnanticipatedFunds(OMB Schedule Item No. 10).
RESOLUTION NO. 117-2022
Said Resolution is incorporated herein by reference.
ReceiptofUnanticipatedFunds(OMB Schedule Item No. 11).
RESOLUTION NO. 118-2022
Said Resolution is incorporated herein by reference.
ReceiptofUnanticipatedFunds(OMB Schedule Item No. 12).
RESOLUTION NO. 119-2022
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 120-2022
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 121-2022
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 122-2022
Said Resolution is incorporated herein by reference.
ReceiptofUnanticipatedFunds(OMB Schedule Item No. 16).
RESOLUTION NO. 123-2022
Said Resolution is incorporated herein by reference.
ReceiptofUnanticipatedFunds(OMB Schedule Item No. 17).
RESOLUTION NO. 124-2022
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 125-2022
Said Resolution is incorporated herein byreference.
ReceiptofUnanticipatedFunds(OMB Schedule Item No. 19).
RESOLUTION NO. 126-2022
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 20).
RESOLUTION NO. 127-2022
Said Resolution is incorporated herein by reference.
HURRICANE IRMA RECOVERY
D1Board granted approval and authorized execution of an Agreement with Earth Tech
Enterprises, Inc,in the amount of $2,677,400.00,for the West Martello Seawall Hurricane
Repairs. This project is part of the Hurricane Irma recovery effort.
TOURIST DEVELOPMENT COUNCIL
E1Board granted approval and authorized execution of the1stAmendment to Agreement
with Coral Restoration Foundation, Inc. for the CRF -Coral Restoration -Key West 2022
Project,to extend the completion date of the project to March 31, 2023.
E2Board granted approval and authorized execution of the1stAmendment to Agreement
with Coral Restoration Foundation, Inc. for the CRF -Coral Restoration -Lower Keys 2022
Project,to extend the completion date of the project to March 31, 2023.
E3Board granted approval and authorized execution of the1stAmendment to Agreement
with Coral Restoration Foundation, Inc. for the CRF -Coral Restoration -Marathon 2022
Project,to extend the completion date of the project to March 31, 2023.
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E4Board granted approval and authorized execution of the1stAmendment to Agreement
with Coral Restoration Foundation, Inc. for the CRF -Coral Restoration -Islamorada 2022
Project,to extend the completion date of the project to March 31, 2023.
E5Board granted approval and authorized execution of the1stAmendment to Agreement
with Coral Restoration Foundation, Inc. for the CRF -Coral Restoration -Key Largo 2022
Project,to extend the completion date of the project to March 31, 2023.
E6Board granted approval and authorized execution of the2ndAmendment to Agreement
with Dolphin Research Center, Inc. (DRC) for the DRC Restore Dolphin Lagoons Project,to
extend the completion date to September 30, 2023.
E7Board granted approval and authorized execution of the1stAmendment to Agreement
with Mote Marine Laboratory, Inc. for the Mote -Coral Restoration -Islamorada 2022 Project,
to amend Exhibit A (Scope of Service) of the Agreement.
E8Board granted approval and authorized execution of the1stAmendment to Agreement
with Islamorada, Village ofIslandsfor the Dog Park Improvements at Founders Park Project,to
extend the completion date of the project to September 30, 2023.
E9Board granted approval to rescind the Agreement with Key West Art and Historical
Society, Inc. for the Papio Kinetic Sculpture Parade Event at the request of the grantee due to the
event being cancelled.
E10Board granted approval to rescindtheAgreement with Upper Keys Festival, Inc. for the
Key Largo Stone Crab & Seafood Festival Event at the request of the grantee due to the event
being cancelled.
E11Board granted approval and authorized execution of an a thirty-six month extension to
Agreement with AT&T to provide long distance telephone services for the Tourist Development
Council Administrative Office and Visitor Information Lines (1-800Visitor Services Lines for
Chamber of Commerce's), grantedauthorization for the TDC Marketing Director to sign the
extension and to rescind the Board’sapproval of the prior extension at the February 16, 2022
meeting (Item E1) due to AT&T providing a revised extension.
E12Board granted approval to rescind the Agreement with the City of Marathon for the Quay
Restroom Project at the request of the grantee.
E13Board grantedapproval of the appointment ofKate Koler to fillone "At Large"
appointment to the Tourist Development Council District III Advisory Committee.
COUNTY LAND ACQUISITION AND LAND MANAGEMENT
G1Board adopted the followingResolution for the Less Than Fee Program, combining and
replacing Resolutions 175-2018, 438-2018, and 063-2020 and providing additional clarifications
regarding the Less Than Fee Program.
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RESOLUTION NO. 128-2022
Said Resolution is incorporated herein by reference.
G2Board granted approval and authorized execution of aContract to Purchase a less than fee
interest in Block 2, Lots 1, 2, and Tract A, Dove Creek Estates for density reduction purposes.
G3Board granted approval and authorized execution of the2022 Memorandum of
Agreement between Monroe County and the Florida Department of Environmental Protection
concerning Florida Forever Projects in the Keys.
G4Board adopted the following Resolution nominating property for purchase by the Monroe
County Comprehensive Plan Land Authority at the corner of Cross Way and West Circle Drive
on the oceanside of Saddlebunch Key near mile marker14 with a legal description of Lots 3 and
4, Block 3, Bay Point amended Plat (PB 3-75) with parcel identificationnumbers 00160160-
000000 and 00160170-000000 for public recreational facilities and potentially for affordable
workforce housing/employee housing; and authorizing the Mayor to sign a Land Use Restriction
Agreement.
RESOLUTION NO. 129-2022
Said Resolution is incorporated herein by reference.
G5Board adopted the following Resolution nominating property for purchase by Habitat for
Humanity of Key West and Lower Florida Keys, Inc. (Habitat)and requesting the Monroe
County Comprehensive Plan Land Authority issue a mortgage loan to finance Habitat’s purchase
of 22936 Overseas Highway, ocean side of Cudjoe Key, near mile marker 22 legally described as
Lots 4 and 5, Block 1, Cudjoe Ocean Shores (PB 5-107), with parcel identificationnumbers
00186920-000000 and 00186930-000000 as an affordable housing site,subject to conditions.
RESOLUTION NO. 130-2022
Said Resolution is incorporated herein by reference.
AIRPORTS
J1Board granted approval and authorized execution of the5th Amendment to Agreement
with Cliffhanger Janitorial, Inc., for Janitorial Services at Key West International Airport,
increasing the annual contract sum by 7% CPI adjustment (from $450,907.48per yearto
$482,471.00per year) due to the record increase in passengers at the airport which requires
additional cleaning,janitorial supplies and materials needed for the contractor to provide
required services.
J2Board granted approval and authorized execution of Jacobs Project Management Co.’s
PSO 2022-01,in the amount of $162,586.00,for East Landside Utilities Relocation Study and
Schematic Design at Key West International Airport. The PSO is being funded by Florida
Department of TransportationGrantNos.G0R04 and G1P33 (50%);and Airport Operating Fund
404 (50%).
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J3Board adopted the following Resolutioncommitting the County to the execution of a
Conservation Easement upon the grant of a permit by the South Florida Water Management
District requiredfor the Aircraft Overflow Apron and Mitigation Project.
RESOLUTION NO. 131-2022
Said Resolution is incorporated herein by reference.
J4Board granted approval to add one new full-time equivalent position of Assistant
Coordinator, Airport Maintenance, Pay Grade 308, in the Fiscal Year 2022 budget for Key West
International Airport.
J5Board granted approval to advertise a competitive solicitation for Key West International
Airport Commercial Apron Extension and Mitigation Construction Project.
PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE
COMPLIANCE DEPARTMENTS
K1Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County and Islamorada, Village of Islandsfor Derelict Vessel Removal Services with
Florida Keys Stewardship Act funding provided by the Florida Department of Environmental
Protection.
K3Board granted approval to re-appoint Mr. Steve R. Henson, ENGI 222A,to one three-
year term to the Contractors Examining Board beginning May 22, 2022,and ending May 22,
2025,as an Engineering Contractor.
K4Board granted approval to re-appoint Mr. Gary Centonze, CFC1425735, to one additional
three-year term to the Contractor Examining Board beginning May 22, 2022,and ending May
22, 2025,as aPlumbing Contractor.
K6Board granted approval and authorized execution of Grant Agreement No. 21117
between Monroe County and the Florida Fish and Wildlife Conservation Commission providing
reimbursement funding toMonroe County,in an amount not to exceed $90,862.00for
Regulatory Buoy Replacements;in addition to a $30,288.00cost share from the County's
Boating Improvement Fund.
COMMISSIONER’S ITEMS
M1Board granted approval of Mayor Rice’s appointment ofRosemary Thomas to the
Planning Commission, as the District 4 Representative, for a term effective May 13, 2022 to
December 19, 2022. Ms. Thomas will fulfill the remaining term of William Wiatt who submitted
his resignation effective May 13, 2022.
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M2Board adopted the following Resolution insupport of anapplication by property
owner(s), to name a previously unnamed island near Big Torch Key, "Urchin Key" and
authorizing staff to complete forms required by the U.S. Board of Geographic Names.
RESOLUTION NO. 132-2022
Said Resolution is incorporated herein by reference.
M5Board adopted the following Resolution in support of Senate Bill 46 and House Bill 160,
The Restoring Resilient Reefs Act, federal legislation reauthorizing the Coral Reef Conservation
Reauthorization Act of 2000, increasing federal investment and strengthening federal response to
the protection, conservation and sustainability of coral reef ecosystems.
RESOLUTION NO. 133-2022
Said Resolution is incorporated herein by reference.
COUNTY CLERK
N1Board granted approval of the minutes from the regular meetings of January 21, 2022,
and February 16, 2022.Said minutes are incorporated herein by reference.
N2Board granted approval to remove surplus equipment from inventory via disposal or
advertise for bid.Said list is incorporated herein by reference.
N3Board granted approval of Tourist Development Council expenses for the month of
March 2022, as follows:
VendorAmount
Advertising$2,568,030.99
Bricks & Mortar Projects$1,190,616.61
Events$73,662.30
Office Supplies & Operating Costs$60,580.93
Personnel Services$227,926.18
Public Relations$98,973.98
Sales & Marketing$137,412.14
Telephone & Utilities$28,766.59
Travel$27,116.70
Visitor Information Services$126,470.91
N4Board granted approval of BOCC Warrants 10101167-10102775 (AP);28076-28158
(WC) no (PRchecks); all payroll direct deposited to employee's bank accounts for the month of
March 2022, as follows:
FundFund TitleAmount
F_001 General Fund $4,523,863.00
F_101 Fine & Forfeiture $5,237,567.39
F_102 Road/Bridges $721,851.47
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FundFund TitleAmount
104Middle Keys Health Care MSTU $803,652.00
115Tourist Development Council-Two Penny $354,551.25
116TDC -Admin Promo 2 Cent $1,203,090.18
117TDC -District 1 Third Cent $1,360,683.04
118TDC -District 2 Third Cent $422,860.76
119TDC -District 3 Third Cent $547,312.24
120TDC -District 4 Third Cent $207,211.17
121TDC -District 5 Third Cent $430,962.29
125Grant Fund $2,464,114.89
141Fire/Ambulance $867,980.07
147Unincorporated Service $212,609.10
148Planning Building $557,127.32
149Municipal Policing $663,540.91
150E911 Enhancement Fund $39,938.82
152Duck Key Security $1,199.56
153Local Housing Assistance $6,838.55
157Boating Improvement Fund $15,865.88
158Miscellaneous Special Revenue Fund $56,632.82
160Environmental Restoration $64,272.89
162Law Enforcement Trust-600$685.19
163Court Facilities $116,022.69
164Drug Facilities Fees $11,098.46
177Canal #266 MSBU $234.00
180Building Funds $472,427.21
3041 Cent Infrastructure $1,272,980.08
312Cudjoe Regional WW Project $7,592.67
314Series 2014 Revenue Bonds $657,326.11
316Land Acquisition $12,335.00
401Card Sound Bridge $96,460.79
403Marathon Airport $151,198.36
404Key West Int'l Airport $3,234,395.03
406PFC & Operating Restrictions $27,125.20
414MSD Solid Waste $2,205,091.11
501Workers' Compensation $318,266.90
502Group Insurance Fund $1,563,278.01
503Risk Management Fund $406,344.58
504Fleet Management Fund $248,521.63
610Fire/EMS LOSAP Trust Fund $2,520.00
COUNTY ADMINISTRATOR
O1Board accepted the County Administrator's monthly report for April 2022.Said report is
incorporated hereinby reference.
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O2Board adopted the followingResolution authorizing temporary closing of the northbound
lanes of US1 from mile marker 98.2 to mile marker 100,from 9:30 a.m.to 11:45 a.m.,for the
annual 4th of July Parade sponsored by the Key Largo Chamber of Commerce.
RESOLUTION NO. 134-2022
Said Resolution is incorporated herein by reference.
O4Board granted approval to reject the sole proposal and re-advertise a Request for
Proposals for a Culvert Installation Water Quality Improvement Project on Canal #259 in Big
Pine Key, funded by the U.S. Department of Treasury "RESTORE" Act GrantNo. 1
RDCGR170099-01-00.
O5Board granted approval and authorized execution of Amended Grant Agreement with the
U.S. Department of Treasury and amended Subrecipient Agreement with Islamorada, Village of
Islandsextending project completion date from February 2022 to September 2023,due to
COVID-19 related and permitting delays,for Islamorada Canal Restoration Project funded with
$128,308.50 from Monroe County's RESTORE ACTLocal Pot funding with Grant No. 1
RDCGR1700077. Board also granted approval ofthe delegation ofauthority to the program
director as set forth in the attached Delegation Letter.
COUNTY ATTORNEY
P1Board accepted the County Attorney’smonthly report for April 2022.Said report is
incorporated herein by reference.
P2Board granted approval to advertise a Public Hearing regarding adoption of an Ordinance
revising Section 2-79 of the Monroe County Code, regarding membership of the Monroe County
PersonnelPolicies and Procedures Review Board (Review Board), to eliminate references to the
Employee Relations Committee and provide an alternate method of selecting non-supervisory
employees and a direct online supervisor to sit on the Review Board.
P3Board granted approval and authorized execution of the 1stAmendment to Contract with
Interisk Corporation to provide Consultant Services for the County's Worker's Compensation and
Risk Management Programs.
P4Board granted approval to initiate litigationagainst Elizabeth Delgado and her property, 1
Beach Road, Key Largo, Florida, to seek compliance with the County Code and enforce the
lien(s) arising from Code Compliance Case No.CE19030117.
P5Board granted approval to initiate litigation against Elizabeth Joy Strohbeen Wood &
John Strohbeen IIIand their property, 22542 Jolly Roger Drive, Cudjoe Key, Florida, to seek
compliance with the County Code and enforce the lien(s) arising from Code Compliance Case
No. CE19020170.
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P6Board granted approval to initiate litigation against James A. Stura and his property, 11
Boca Chica Road, Geiger Key, Florida, to seek compliance with the County Code and enforce
the lien(s) arising from Code ComplianceCase No.CE19030056.
P7Board adopted the following Resolution requesting the Supervisor of Elections to place a
question before for the qualified electors of Monroe County at the August 23, 2022,primary
election to vote on the School Board's referendum questions regarding flexible funding and
school security per the School Board's direction andrescinding Resolution 067-2022, which had
called a special election at the School Board's request for June 28, 2022.
RESOLUTION NO. 135-2022
Said Resolution is incorporated herein by reference.
P8Board granted approval to accept the proposal from Marsh USAtoobtain property
insurance policies from Landmark American Ins. Co., Hiscox Insurance Co., Westchester
Insurance Company, Great Lakes, and Velocity Risk Underwriters, and also Boiler and
Machinery Insurance from Hartford Steam Boiler Ins. Co., and granted authorization for the Risk
Administrator to execute all necessary forms.
P9Board granted approval to accept aproposal for Professional Liability coverage for Air
Flight Nurses from the Markel Corporation through agent Marsh,and granted authorization for
the Risk Administrator to execute all necessary forms.
P11Board granted approval and authorized execution of an Agreement with the Law Firm of
Fishback Dominick, LLP to provide Outside Counsel Services to the County Attorney's Office
and the Planning and Environmental Resources Department,retroactive to March 21, 2022.
P12Board granted approval and authorized execution of a Settlement Agreement between
Monroe County and KITK, LLC, in Case No. 19-CA-351-P, and granted authorization for the
County Attorney or his designee to execute all settlement documents.
P13Board granted approval to reopen the matter of Monroe County, Florida v. Federal
Deposit Insurance Corporation as Receiver for Southeast Bank, N.A., et al., Circuit Court Case
No. 95-20118CA09, and granted approval to initiate civil and/or administrative litigation against
such parties as necessary to ensure control of the property and enjoin authorized and/or illegal
uses of the property.
P14Board granted approval and authorized execution of aConflict Waiver with the Law Firm
of Gray Robinson (GR) to allow GR to represent Bank of America in connection with bonds to
be issuedrelating to Key West International Airport Concourse A and Terminal Improvements
Program;and granted authority for the County Attorney or his designee to sign theconflict
waiver letter.
P15Board granted approval and authorized execution of aone-year Agreement with Next
RequestCo., a public record request tracking software solution, in the amount of $12,097.18,and
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granted approval to waive the competitive solicitation process for the ongoing use of this
software.
SOLID WASTE
S1Board granted approval and authorized execution of the 3rdAmendmentto the Amended
and Restated Haul-out Transfer Stations Operations and Maintenance Agreement with Waste
Management Inc. of Florida.
S2Board granted approval and authorized execution of aDisposal Agreement with Waste
Management Inc. of Florida to allow for municipal solid waste from Florida City to be disposed
and processed at the County's Key LargoTransfer Station.
FACILITIES MAINTENANCE
S3Board granted approval and authorized execution ofa negotiated Agreement with
Siemens Industry, Inc. as a sole source provider for Testing, Certification, and Maintenance of
Fire Alarm, Smoke Control, and Building Automation Systems on Monroe County facilities.
Funding is advalorem and Fines and Forfeiture.
ASSISTANT COUNTY ADMINISTRATOR
S5Board granted approvalfor the County Administrator to execute the Grant Agreement
with the Department of Economic Opportunity for hardening of the Tavernier Fire Station,in the
amount of $818,000.00,with no County match after the final version is approved by the County
Attorneyandgranted approval for the County Administrator to execute all future documents
related to this grant.
LIBRARIES
S6Board granted approval to add onenew full-time equivalent position of Lead Historian,
Pay Grade 316,for the Library Department to assist with the staffing and development of the
Florida Keys History Center.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
C21Motion was made by Commissioner Coldiron and seconded by Commissioner Cates
grantingapproval and authorizingexecution of an extension to an existing Memorandum of
Agreement between Monroe Countyand Guidance Care Center,Inc.(GCC), regarding Federal
Emergency Management Agency(FEMA)Hazard Mitigation Sub-recipient Grant wherein
FEMA, through the Board, shall reimburse GCC an amount not to exceed $75,930.00, effective
March 16, 2022.Motion carried unanimously,with Mayor Rice abstaining due to conflict.
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C35Bryan Cook, Directorof Employee Services, addressed the Board concerning approval of
a Resolution to amend Section 6.0 of the Personnel Policies and Procedures Manual (Holidays)
to observe the Juneteenth Federal Holiday,which was established in 2021. If approved, the
County would first observe the holiday on Monday, June 20, 2022, and follow the federal
holiday observance calendar in future years.The following individual addressed the Board:
Renton Robertson, representing the Union. After discussion, motion was made by Commissioner
Coldiron and seconded by Commissioner Catesgranting approval of the item. Motion carried
unanimously.
RESOLUTION NO. 136-2022
Said Resolution is incorporated herein by reference.
STAFF REPORT
F1Cary Knight, Director of Project Management,gave a Power Point Presentationupdate
onthe Plantation Key Courthouse and Facility Management System.Tina Boan, Senior Director
of Budget &Finance, addressed the Board.
PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE
COMPLIANCE DEPARTMENTS
K5Emily Schemper, Senior Director of Planning & Environmental Resources, gave a Power
Point Presentation regarding the potential for accessory uses and structures on vacant shoreline
parcels.The following individual addressed the Board: Rudy Krause. Bob Shillinger, County
Attorney, addressed the Board.The Board took no official action.
COMMISSIONER’S ITEM
M3Board discussedpotential updates to the County's Nonconsensual Private Towing
Services Ordinance. The following individual addressed the Board: Bill Pruitt, representing
Florida Keys Towing,Inc.Mr. Shillinger addressed the Board. The Board took no official
action.
COUNTY ATTORNEY
P10Mr. Shillinger addressed the Board concerningan unsolicited "public private partnership"
proposal submitted by Fortress Secured, LLC to design, build, and finance a replacement fire
station for Monroe County at the current location of the Sugarloaf Volunteer Fire Department's
Station 10.There was no public input. After discussion, motion was made by Commissioner
Coldironand seconded by Commissioner Raschein granting approval to move forward and to
advertise for 45 days. Motion carried unanimously.
PUBLIC HEARINGS
Q1A Public Hearing was held to consider approval of an Ordinance updating the Five-Year
Schedule of Capital Improvements table for Fiscal Years 2022-2026, located within the Capital
Page | 16 04/20/2022
Improvements Element of the Monroe County Year 2030 Comprehensive Plan, pursuant to
Florida Statute Section 163.3177(3).There was no publicinput. Motion was made by
Commissioner Coldiron and seconded by Commissioner Rascheingranting approval of the item.
Motion carried unanimously.
ORDINANCE NO. 005-2022
Said Resolution is incorporated herein by reference.
Q2A Public Hearingwas heldto consider approval of a Resolution transmitting to the State
Land Planning Agency an Ordinance amending Monroe County Comprehensive Plan Policy
212.2.4 to allow certain accessory structures within the shoreline setback; providing for
severability; providingfor repeal of conflicting provisions; providing for transmittal to the State
Land Planning Agency and Secretary of State; providing for inclusion in the Monroe County
Comprehensive Plan; providing for an effective date.Ms. Schemper addressed the Board. There
was no public input. After discussion, motion was made by Commissioner Raschein and
seconded by Commissioner Coldirongranting approval of the item.Motion carried unanimously.
RESOLUTION NO. 137-2022
Said Resolution is incorporated herein by reference.
Q3 A Public Hearing was held to consider approval of a Resolution transmitting to the State
Land Planning Agency an Ordinance proposing amendments to Comprehensive Plan Policy
101.5.34 and Policy 101.9.4, related to elevation of existing residential dwelling units, as
continued from the March 16, 2022 BOCC Transmittal Hearing regarding the Evaluation and
Appraisal Amendments to the 2030 Comprehensive Plan. Ms. Schemper gave a Power Point
Presentation. There was no public input.After discussion, motion was made by Commissioner
Cates and seconded by Commissioner Coldiron the adopt following Resolution, with the changes
made to the proposed amendment, as follows (underlined):
Page 4
Policy 101.5.34
Notwithstanding the open space provisionsset forth in Policy 101.5.25, Policy
212.2.4,and Chapters 118 and130 of the Land Development Code and the
minimum required setbacks in Policy 212.2.4, andChapters 118,130 and 131 of
the Land Development Code, a lawfullyexisting residential dwelling unit, not
including mobile homes, may be elevated above base flood (design flood elevation)
level to reduce flood damage, pursuant to:
• The lawfullyexisting dwelling unit structure is elevated within the original
(lawfullyexisting) footprint ofthe structure.
• Setbacks and land use open space requirements are waived to allow
necessary improvements to a dwelling unit being retrofitted by elevating the
unit to meet or exceed flood levels. The necessary improvements are limited
to ingress/egress structures (stairs, ramps, landings, elevators, etc.). The
waiver provided shall be the minimum necessary to provide access to the
structure that is in compliance with fire code requirements.
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• Side and rear setback and open spacerequirements are waived to allow
accessory elevated platforms above base flood for equipment (mechanical,
plumbing and electrical systems, appliances and components) situated at
least two (2) feet from the side yard property line or at least five (5) feet
from the rear yard property line. In no event shall the total combined area
of all accessory structures occupy more than 80 percent (80%) of the
required side yard setback area or 60 percent (60%) of the required rear yard
setback area.
• Maximum possibleshoreline setbacks and open spaceare to be maintained
and, in no event shall a shoreline setback be less than ten (10) feet from
mean high water except to accommodate the lawfully existing footprint of
the structure to be elevated.
• The improvements shall be constructed to avoid off-site discharge of
stormwater from the subject parcel, in accordance with Section 114-3 of the
Monroe County Land Development Code.
•Development shall maintain compliance to the maximum extent practicable,
as determined by the Planning Director.
• This Policy does not waive any required minimum vegetated setbacks
adjacent to wetlands (see Policy 203.1.2 and Policy 204.2.5) and does not
authorize any encroachments to a conservation easement.
• This Policy does not restrict a property owner from proposing other
additions or improvements to the elevated dwelling unit, as long as the
additions, enlargements, expansions, and extensions do not create a
nonconformity or cause a further violation to an existing nonconformity.
• New constructionor substantial improvementor reconstruction of single-
family dwelling units shall comply with the setback and open space
provisions set forth in Policy 101.5.25, Policy 212.2.4,and in Chapters 118,
130 and 131 of the Monroe County Land Development Code.
Page 5
Policy 101.9.4
To further post disaster recovery and resiliency, notwithstanding the open space
provisions set forth in Policy 101.5.25, Policy 212.2.4and Chapters118 and130
of the Land Development Code and the minimum required setbacks in Policy
212.2.4, andChapters 118,130 and 131 of the Land Development Code, a
nonconforming lawfully-existing residential dwelling unit, not including mobile
homes, may be retrofitted to elevate the structure above base flood level (design
flood elevation)to reduce flood damage, pursuant to:
• The lawfullyexisting dwelling unit structure may maintain its existing
setbacks and open space, even if nonconforming, providedthe structure is
elevated within the original (lawfullyexisting) footprint of the structure.
• Setbacks and land use open space requirements are waived to allow
necessary improvements to a dwelling unit being retrofitted by elevating the
unit tomeet or exceed flood levels.The necessary improvements are
limited to ingress/egress structures (stairs, ramps, landings, elevators, etc.).
Page | 18 04/20/2022
The waiver provided shall be the minimum necessary to provide access to
the structure that is in compliance with fire code requirements.
• Side and rear setback and open spacerequirements are waived to allow
accessory elevated platforms above base flood for equipment (mechanical,
plumbing and electrical systems, appliances and components) situated at
leasttwo (2) feet from the side yard property line or at least five (5) feet
from the rear yard property line. In no event shall the total combined area
of all accessory structures occupy more than 80 percent (80%) of the
required side yard setback area or 60 percent (60%) of the required rear yard
setback area.
• Maximum possibleshoreline setbacks are to be maintained and, in no event
shall a shoreline setback be less than ten (10) feet from mean high water
except to accommodate the lawfully existingfootprint of the structure to be
elevated.
• The improvements shall be constructed to avoid off-site discharge of
stormwater from the subject parcel, in accordance with Section 114-3 of the
Monroe County Land Development Code.
•This Policy does not waive any required minimum vegetated setbacks
adjacent to wetlands (see Policy 203.1.2 and Policy 204.2.5) and does not
authorize any encroachments to a conservation easement.
• This Policy does not restrict a property owner from proposing other
additions or improvements to the elevated dwelling unit, as long as the
additions, enlargements, expansions, and extensions do not create a
nonconformity or cause a further violation to an existing nonconformity.
Motion carried unanimously.
RESOLUTION NO. 138-2022
Said Resolution is incorporated herein by reference.
CLOSED SESSIONS
L1Mr. Shillinger addressed the Board. Motion was made by Commissioner Coldiron and
seconded by Commissioner Raschein to continue the Attorney-Client Closed Session in the
matter of Key Haven Associated Enterprises, Inc. v. State of Florida Department of
Environmental Protection, State of Florida Department of Economic Opportunity, and Monroe
County, Second Judicial Circuit Case No. 21-CA-1613to the June 15, 2022 Board meeting in
Key Largo. Motion carried unanimously.
L2 Mr. Shillinger announced the Attorney-Client Closed Session in the matter of Monroe
County v. Buirley, Sixteenth Judicial Circuit Case No. 19-CA-565-Kand read the required
language into the record pursuant to Section 286.011(8), Florida Statutes.Mr. Shillinger advised
that the following individuals would be present at the meeting: County Commissioners; County
Administrator Roman Gastesi; County Attorney Bob Shillinger; Assistant County Attorney
Cynthia Hall; and a certified court reporter.
Page | 19 04/20/2022
Mayor Rice declared the open session of the meeting closed. After the closed session, the
meeting was re-opened.
L3 Mr. Shillinger announced the Attorney-Client Closed Session in the matter of Tommy
Alfonso on behalf of T.A., a Minor, v. Monroe County, Florida, 16th Judicial Circuit Case No.
22-CA-108-Kand read the required language into the record pursuant to Section 286.011(8),
Florida Statutes.Mr. Shillinger advised that the following individuals would be present at the
meeting: County Commissioners; County Administrator Roman Gastesi; County Attorney Bob
Shillinger; Assistant County Attorney Cynthia Hall; and a certified court reporter.
Mayor Rice declared the open session of the meeting closed. After the closed session, the
meeting was re-opened.
L4 Mr. Shillinger announced the Attorney-Client Closed Session in the matter of Mark
Thompson v. Monroe County and Monroe County Planning Department, 16th Judicial Circuit
Case No. 22-CA-113-Kand read the required language into the record pursuant to Section
286.011(8), Florida Statutes.Mr. Shillinger advised that the following individuals would be
present at the meeting: County Commissioners; County Administrator Roman Gastesi; County
Attorney Bob Shillinger; Assistant County Attorney Cynthia Hall; 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
S4Mr. Shillinger addressed the Board concerning asettlement offer from the property
owner in the matter of Monroe County v Pierre G. Delago, Jr., No. 20-CA-666-K, a code lien
foreclosure case.The following individuals addressed the Board: Jen Delagoand Pierre G.
Delago, Jr.Cynthia McPherson, Code Compliance Director, addressed the Board. After
discussion, motion was made by Commissioner Coldiron and seconded by Commissioner
Raschein to cancel the upcoming auctionof property and enter into negotiations with the family
over litigation issues and if not resolved, to go in front oftheSpecial Magistrate for aevidentiary
hearing. Motion carried unanimously.
COMMISSIONER’S ITEM
M4Mr. Gastesi,Mike Roberts, Assistant Director of Environmental Resources,and Mr.
Shillinger addressed the Board concerning direction to staff regarding canal overgrowth through
the Eden Pines Canal System whichmay impede safe navigation.The following individual
addressed the Board: Mike Maurer. The Board took no official action.
STAFF REPORT
F2Kimberly Matthews,Sr. Director of Strategic Planning and Libraries, gave a Transit and
Mobility update.
Page | 20 04/20/2022
COUNTY ADMINISTRATOR
O3Ms. Matthews addressed the Board regarding direction to staff to pursue discussions with
the South Florida Regional Transportation Authority concerning a potential relationship through
an Interlocal Agreement to facilitate looking at planning solutions for Monroe County's transit
and mobility needs.The Board took no official action.
PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE
COMPLIANCE DEPARTMENTS
K2Motion was made by Commissioner Coldiron and seconded by Commissioner Cates
granting approval to submit a Grant Application to the Florida Fish and Wildlife Conservation
Commission's Florida Boating Improvement Grant Program for the replacement of twenty-three
regulatory and informational buoys throughout County waters,in the amount of $54,100.00,
including $13,525.00in localmatch from the County's Boating Improvement Fund.Motion
carried unanimously.
COMMISSIONER’S ITEMS
M6Mr. Shillinger,JudithClarke, Director of Engineering/Roads &Bridges, andMr. Wilson
addressed the Boardconcerningproblems associated with parkingon Card Sound Road right of
ways.The Board took no official action.
COUNTY ADMINISTRATOR
O6John Allen, Director of Parks &Beaches, addressed the Board concerningthe naming of
the park in Big Pine Key, formerly known as the Big Pine Swim Hole. After discussion, motion
was made by Commissioner Coldiron and seconded by Commissioner Cates to name the park
Pine Channel Nature Park. Motion carried unanimously.
COMMISSIONER’S ITEM
RBoard requested that all departmentdirectors/department heads give an annualstaff
report on a rotating basis. Mr. Gastesi addressed the Board.
There being no further business, the meeting of the Board of County Commissioners was
adjourned.
Kevin Madok, CPA
Clerk and ex-officioClerk to the
Board of County Commissioners
Monroe County, Florida
Pamela G. Hancock, D.C.
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