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01/18/2023 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, January 18, 2023 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 Michelle Lincoln, Commissioner Holly Raschein, Commissioner David Rice, Commissioner James Scholl and Mayor Craig Cates. Also present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Kevin Madok, County Clerk; Liz Yongue, Deputy Clerk; county staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS & DELETIONS Al Motion was made by Commissioner Lincoln and seconded by Commissioner Scholl granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried unanimously. PUBLIC HEARING Q1 Bob Shillinger, County Attorney, addressed the Board concerning a Public Hearing to consider a request for approval of a Resolution transmitting an Ordinance of the Monroe County Board of County Commissioners amending the Monroe County Comprehensive Plan (Comp. Plan)to create Comprehensive Plan Policy 111.1.2; establishing the Stock Island Workforce Subarea 2; establishing the boundary of the Stock Island Workforce Subarea 2; limiting the permitted uses of the subarea to deed restricted affordable housing dwelling units; establishing the maximum net density for affordable housing, height and off-street parking requirements in the subarea; eliminating allocated density and nonresidential floor area ratio; providing for the conversion and transfer of Market Rate ROGO Exemptions to Transient; and providing for the setback requirements within the Stock Island Workforce Subarea 2 for property located at 6500 Maloney Avenue, Stock Island, currently having property identification number 00126090- 000000, as proposed by Roy's Trailer Park, Inc. Motion was made by Commissioner Rice and seconded by Commissioner Lincoln to continue the item to the May 17th regular meeting in Key West. Motion carried unanimously. PRESENTATION OF AWARDS B 1 Recognition of Monroe County's Fleet Management Department for the receipt of three Blue Seal of Excellence Certifications. Page 11 01/18/2023 B2 Presentation of Employee of the Quarter for the Fourth Quarter of 2022 to Ilze Aguila, Planning Commission Supervisor. B3 Presentation of 2022 Employee of the Year to Michaela Manning, Senior Coordinator- Permitting, of Building & Permitting. BULK APPROVALS Motion was made by Commissioner Scholl and seconded by Commissioner Lincoln granting approval of the following items by unanimous consent: C2 Board granted approval and authorized execution of a 2nd Amendment to the Agreement with Architects Design Group, at a cost of$30,770.00 to add Plan Revisions and Threshold Inspections for the construction of the Emergency Operations Center in Marathon. Funding is from the Florida Department of Emergency Management, Federal Emergency Management Agency, and Florida Department of Transportation. C3 Board granted approval and authorized execution of an 8th Amendment to the Lease Agreement with 1000 Atlantic Boulevard, LLC (Salute Restaurant) for a rent abatement in the amount of$4,987.69 due to Higgs Beach closure during and after Hurricane Ian. C4 Board granted approval and authorized execution of a 7th Amendment to the Lease Agreement with Salute Watersports, LLC, for a rent abatement in the amount of$264.26, representing October 1, 2022 through October 15, 2022, due to Higgs Beach closure during and after Hurricane Ian. C5 Board granted approval and authorized execution of a Lease Agreement with Florida House Representative, James "Jim" Mooney, Jr., for office space, Room 2-235, at the Murray E. Nelson Government Center in Key Largo, at no charge. C6 Board granted approval to accept a donation of eight Teq One Tables from Teqball USA, LLC. Harry Harris Park, Key Largo Community Park, Big Pine Community Park, and Higgs Beach would each receive two tables for public use and enjoyment. The tables have a total value of$28,000.00 and the County will pay shipping costs of$1,369.84. C7 Board granted approval to award bid and authorized execution of an Agreement with Miami Dade Pump & Supply Company for Lift Station Maintenance and Cleaning, Upper Keys. This contract is paid from Funds 001 and 147. C8 Board granted approval and authorized execution of an Administrative Agreement with the Florida Keys Council of the Arts to utilize 10% of the 1% Art in Public Places allocation for capital projects, to pay for administrative expenses. Page 12 01/18/2023 C9 Board granted approval to purchase a new box truck for Solid Waste Management- Hazardous Waste. This equipment replaces asset number HWA5731, a 2007 Ford F350, which was included and budgeted in the Fiscal Year 2023 Vehicle & Equipment Replacement List. C10 Board granted approval and authorized execution of a 2nd Amendment to the 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 increased due to construction contract change orders in the maximum, not to exceed, amount of $104,301.05. C11 Board granted approval and authorized execution of a 1st Amendment to the Disposal Agreement with Advanced Disposal to update the disposal rates contact information relating to notice and payment provision. C12 Board granted approval of an Agreement with Rams Head Promotions of Key West, LLC; and granted authorization for the County Administrator to execute the finalized agreement; and granted approval of expenditures relating to the Monroe County 200th Anniversary Celebration event on March 25, 2023. C13 Board granted approval to purchase a new Ford F-550 flatbed dump truck for Facilities Maintenance, which replaces asset number FAC7536, a 2013 Ford F450 flat dump truck. C14 Board granted approval and authorized execution of an Interlocal Agreement with Florida Keys Aqueduct Authority (FKAA)to include replacement of water mains in the scope of work for the County's Twin Lakes Sea Level Rise Adaptation Project and to provide for reimbursement of the cost of the water main replacement work by FKAA. C16 Board granted approval and authorized execution of a Task Order with Kisinger Campo & Associates, Inc. for Engineering Design and Permitting Services for repairs to Toms Harbor Channel Bridge (US 1 to Duck Key). This task order is being awarded under the On Call Contract for Professional Engineering Services in the lump sum amount of$336,905.76. C17 Board granted approval and authorized execution of a 2nd Amendment to the Interlocal Agreement with the City of Key West to contribute to the cost for the new Dennis Street Pump Station which will handle stormwater from Bertha Street. This amendment revised Attachment A to allow for periodic payments by the County based on construction completed in lieu of substantial completion of the construction. C19 Board granted approval to advertise a Request for Proposals for Operation and Management Services of the county-owned Jacobs Aquatic Center in Key Largo. C20 Board granted approval to advertise a Request for Proposals for the removal and disposal of household hazardous waste as part of Monroe County Solid Waste Services. Page 13 01/18/2023 C21 Board granted approval to advertise a Request for Proposal for the removal and disposal of electronic waste as part of Monroe County Solid Waste Services. C23 Board granted approval and authorized execution of a Maintenance Contract with Cisco SmartNet to provide hardware and software support for the County's 204 pieces of Cisco network equipment; and granted approval to ratify three payments to Palo Alto for hardware and software purchase/support as well as ongoing security software for the County's nine Palo Alto firewalls. All quotes utilize National Association of State Procurement Officials (NASPO) Contract No. 43220000-NASPO-I9-ACS competitively bid pricing. C24 Board granted approval and authorized execution of a Task Order with KCI Technologies for Construction Engineering and Inspection 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 awarded under the On Call Contract for Professional Engineering Services in the maximum, not to exceed, amount of$349,950.00. C25 Board granted approval to ratify an 1 lth Amendment to Community Pool Lease Agreement with Upper Keys Community Pool, Inc., to extend the lease term until March 13, 2023, for the property known as Jacobs Aquatic Center located at Key Largo Community Park. C27 Board granted approval and authorized execution of a 2nd Amendment to the Construction Manager at Risk Agreement with Ajax Building Company to clarify language in the County's Partial Release of Liens form which is required with each pay application. No changes to the funding are proposed. C29 Board granted approval to ratify the Standard Grant Contract No. AA-2329 under the Older Americans Act between the Alliance for Aging, Inc. and the Monroe County/Monroe County Social Services/In-Home Services and Nutrition Programs for the contract period of January 1, 2023 through December 31, 2023, in the amount of$741,663.26. C30 Board granted approval of a 1st Amendment to the Task Order with CDR Maguire, Inc,. for Hurricane Ian Recovery, renumbering the Task Order to the 7th Task Order; and granted approval for the County Administrator to execute the amendment. C31 Board accepted the report of monthly Change Orders for the month of December 2022, reviewed by the County Administrator/Assistant County Administrator. Said report is incorporated herein by reference. C33 Board granted approval and authorized execution of a 7th Amendment to the Contract Agreement for Engineering Design and Permitting Services for the Rowell's Waterfront Park development with S&ME, Inc. in the lump sum amount of$18,800.00. This amendment is funded by the One-Cent Infrastructure Sales Tax. C34 Board adopted the following Resolutions for the Transfer of Funds and the Receipt of Unanticipated Revenue: Page 14 01/18/2023 Receipt of Unanticipated Funds (OMB Schedule Item No. 1). RESOLUTION NO. 001-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 002-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 3). RESOLUTION NO. 003-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 4). RESOLUTION NO. 004-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO. 005-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 6). RESOLUTION NO. 006-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 7). RESOLUTION NO. 007-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 8). RESOLUTION NO. 008-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 9). RESOLUTION NO. 009-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 010-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 011-2023 Said Resolution is incorporated herein by reference. Page 5 01/18/2023 Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 012-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 013-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 14). RESOLUTION NO. 014-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 015-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). RESOLUTION NO. 016-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 017-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 018-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 019-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 020-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 021-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO. 022-2023 Said Resolution is incorporated herein by reference. Page 6 01/18/2023 Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO. 023-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 24). RESOLUTION NO. 024-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 25). RESOLUTION NO. 025-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 26). RESOLUTION NO. 026-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 27). RESOLUTION NO. 027-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 28). RESOLUTION NO. 028-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 29). RESOLUTION NO. 029-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 30). RESOLUTION NO. 030-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 31). RESOLUTION NO. 031-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 32). RESOLUTION NO. 032-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 33). RESOLUTION NO. 033-2023 Said Resolution is incorporated herein by reference. Page 7 01/18/2023 Receipt of Unanticipated Funds (OMB Schedule Item No. 34). RESOLUTION NO. 034-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 35). RESOLUTION NO. 035-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 36). RESOLUTION NO. 036-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 37). RESOLUTION NO. 037-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 38). RESOLUTION NO. 038-2023 Said Resolution is incorporated herein by reference. C36 Board granted authorization to fund and pay for the 16th Judicial Circuit's website development and hosting services with Designed2Click. C37 Board granted approval and authorized execution of a Special Category Grant Agreement No. 23.h.sc.100.044 with the State of Florida, Department of State, Division of Historical Resources in the amount of$482,825.00. The county match is $482,825.00. The total project cost is $965,650.00. This grant will be used for the Historic Monroe County Courthouse Exterior Masonry Restoration. TOURIST DEVELOPMENT COUNCIL D2 Board granted approval to advertise a Request for Applications for Fiscal Year 2024 Destination Event Funding Applications. D3 Board granted approval to advertise a Request for Applications for Fiscal Year 2024 Fishing Event Funding Applications. D4 Board granted approval to rescind the Agreement with Keys Shakespeare, Inc. for the Keys Shakespeare Festival event at the request of the Grantee due to the event being cancelled. COUNTY LAND ACQUISITION AND LAND MANAGEMENT F1 Board adopted the following Resolution accepting the transfer of real property located at Block 2, Lot 1, Sam-N-Joe Subdivision, 190 Sands Road,property identification number 00300180-000100; Block; 2, Lot 2, Sam-N-Joe Subdivision, 180 Sands Road,property Page 18 01/18/2023 identification number 00300180-000200; Block 2, Lot 17, Sam-N-Joe Subdivision, 170 Sands Road,property identification number 00300180-001700; and Block 2, Lot 18, Sam-N-Joe Subdivision, 160 Sands Road,property identification number 00300180-001800 on Big Pine Key from the Monroe County Comprehensive Plan Land Authority for development with Monroe County Employee Rental Housing; and authorized execution of a Land Use Restriction Agreement for affordable housing. RESOLUTION NO. 039-2023 Said Resolution is incorporated herein by reference. F2 Board adopted the following Resolution accepting the conveyance of ownership from the Monroe County Land Authority, of a market rate, Rate of Growth Ordinance (ROGO) exemption from Block 3, Lot 15, Big Pine Key, Inc. Subdivision, 148 Palmetto Avenue,property identification number 00256790-000000 on Big Pine Key for redevelopment in the Monroe County Employee Housing Rental Program on Block 2, Lot 1, Sam-N-Joe Subdivision, 190 Sands Road,property identification number 00300180-000100, contingent upon approval by the County of a minor conditional use transferring the market rate ROGO as an affordable ROGO exemption for use, subject to a Land Use Restriction Agreement. RESOLUTION NO. 040-2023 Said Resolution is incorporated herein by reference. F3 Board adopted the following Resolution granting approval of a Purchase Agreement of property pending final Department of Economic Opportunity approval, funded by the Community Development Block Grant-Disaster Recovery Voluntary Home Buyout Program in the amount of$825,000.00; and authorized the execution of a Restrictive Covenant running with the land; and approved the movement of one Market Rate - Rate of Growth Ordinance exemption from the acquired property to the Administrative Relief Pool for market rate allocation(s). RESOLUTION NO. 041-2023 Said Resolution is incorporated herein by reference. F4 Board adopted the following Resolution authorizing the Monroe County Land Authority to initiate the process for disposing of one vacant county owned lot on Duck Key Center Island commonly known as 104 Jamaica Street, Duck Key, with property identification number 00379540-000000,provided that the lot is deed-restricted to prohibit the construction of a principal residential dwelling unit thereon; combined by Unity of Title if sold to a contiguous property owner; and following Disposition Program Standards in Monroe County Code Sections 2-416 through 2-423, as part of the County's Density Reduction Program. RESOLUTION NO. 042-2023 Said Resolution is incorporated herein by reference. Page 19 01/18/2023 AIRPORTS Il Board granted approval and authorized execution of a Petroleum Restoration Program Site Access Agreement with the Florida Department of Environmental Protection (FDEP) in order for FDEP or its contractors to locate contamination, determine levels of contamination and, when necessary, remove and remediate contamination on property located at Key West International Airport. The site is eligible for rehabilitation funded by the State of Florida. 12 Board adopted the following Resolution committing to the acceptance of Parcels Y, Z, AA, BB, CC and DD, Summerland Key properties on Summerland Key from the Monroe County Comprehensive Plan Land Authority for the purpose of mitigation for wetland impacts that will result from the West Overflow Apron Project and other improvements at Key West International Airport. RESOLUTION NO. 043-2023 Said Resolution is incorporated herein by reference. I3 Board accepted the report of Airport Change Orders for the month of December 2022 reviewed by the County Administrator/Assistant County Administrator. Said report is incorporated herein by reference. I4 Board granted approval to award bid and authorized execution of a five-year On-Airport Rental Car Concession Agreement with Avis Budget Car Rental, LLC at Key West International Airport. I5 Board granted approval to award bid and authorized execution of a five-year On-Airport Rental Car Concession Agreement with Enterprise Leasing Company of Florida, LLC at Key West International Airport. I6 Board granted approval to award bid and authorized execution of a five-year On-Airport Rental Car Concession Agreement with The Hertz Corporation at Key West International Airport. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS J1 Board granted approval and authorized execution of Grant Agreement No. 22028 with Florida Fish and Wildlife Conservation Commission providing the county with reimbursement funding in an amount, not to exceed, $40,575.00 for Regulatory Buoy Replacements, in addition to a$13,525.00 cost share from the County's Boating Improvement Fund. J2 Board granted approval and authorized execution of a Task Order with Adventure Environmental, Inc., in the amount of$50,500.00, for the removal and disposal of three derelict vessels, funded by a grant from the Florida Fish and Wildlife Commission Derelict Vessel Grant Program. Page 110 01/18/2023 J3 Board granted approval to advertise a Request for Proposals for a consultant to provide Mooring Field Design and Permitting Services relating to Boca Chica Basin (Stock Island) and Man of War Harbor(Key West). J4 Board granted approval and authorized execution of a Task Order with Adventure Environmental, Inc., in the amount of$204,000.00, for the removal and disposal of four derelict vessels, funded by a grant from the Florida Fish and Wildlife Commission Derelict Vessel Grant Program. SHERIFF'S OFFICE K1 Board granted approval and authorized execution of a Memorandum of Understanding between the Monroe County Sheriff's Office and Monroe County to apply for reimbursement of funds from the Urban Area Security Initiative Fiscal Year 2021 Grant between the Homeland Security Office of Domestic Preparedness and the City of Miami, Memorandum of Agreement No. 00056-SO1, and Subgrant Agreement No. R0521, by which the City of Miami sub-granted $264,836.00 of which $132,418.00 was to be given to Monroe County Sheriff's Office for the purchase of equipment approved by the granting agency as well as other items. COMMISSIONERS ITEMS M1 Board granted approval of Commissioner Lincoln's reappointment of Sandra Higgs to the Human Services Advisory Board, with a term expiring January 18, 2027. M2 Board granted approval of Commissioner Rice's reappointment of David Manz to a 4- year term on the Human Services Advisory Board, with a term expiring November 20, 2026. COUNTY CLERK N2 Board granted approval of the minutes from the October 19, 2022 regular meeting. Said minutes are incorporated herein by reference. N3 Board granted approval of BOCC Warrants 10112056-10113098 (AP); 28774-28869 (WC); all payroll direct deposited to employee's bank accounts for the month of November 2022, as follows: Fund Fund Title Amount 001 General Fund $4,168,555.77 101 Fine & Forfeiture $5,535,454.08 102 Road/Bridges $297,934.99 104 Middle Keys Health Care MSTU $730.53 115 Tourist Development Council-Two Penny $530,963.80 116 TDC - Admin Promo 2 Cent $518,989.83 117 TDC - District 1 Third Cent $174,208.14 Page 111 01/18/2023 Fund Fund Title Amount 118 TDC - District 2 Third Cent $49,116.98 119 TDC - District 3 Third Cent $29,272.13 120 TDC - District 4 Third Cent $76,851.06 121 TDC - District 5 Third Cent $47,640.53 125 Grant Fund $1,151,529.52 141 Fire/Ambulance $1,391,227.24 147 Unincorporated Service $250,183.58 148 Planning Building $783,647.74 149 Municipal Policing $727,353.36 150 E911 Enhancement Fund $41,836.53 152 Duck Key Security $16,655.02 153 Local Housing Assistance $11,019.57 157 Boating Improvement Fund $27,749.27 158 Miscellaneous Special Revenue Fund $119,619.37 160 Environmental Restoration $36,340.29 163 Court Facilities $14,968.14 177 Canal 4266 MSBU $1,566.08 180 Building Funds $574,739.75 304 1 Cent Infrastructure $671,296.52 312 Cudjoe Regional WW Project $12,369.00 314 Series 2014 Revenue Bonds $28,069.89 316 Land Acquisition $10,490.00 401 Card Sound Bridge $34,754.95 403 Marathon Airport $1,425,277.54 404 Key West Intl Airport $1,327,874.16 405 Key West International Airport Series 2022 $487,298.00 Revenue Bonds 414 MSD Solid Waste $1,955,345.48 501 Workers' Compensation $178,084.38 502 Group Insurance Fund $1,830,162.39 503 Risk Management Fund $266,119.24 504 Fleet Management Fund $346,578.59 610 Fire/EMS LOSAP Trust Fund $5,610.00 N4 Board granted approval of BOCC Warrants 10113099-10114309 (AP); 28870-28967 (WC); all payroll direct deposited to employee's bank accounts for the month of December 2022, as follows: Page 112 01/18/2023 Fund Fund Title Amount 001 General Fund $3,183,547.81 101 Fine & Forfeiture $40,949,496.25 102 Road/Bridges $230,542.37 104 Middle Keys Health Care MSTU $969,462.00 115 Tourist Development Council-Two Penny $442,800.44 116 TDC - Admin Promo 2 Cent $1,460,902.65 117 TDC - District 1 Third Cent $1,595,525.50 118 TDC - District 2 Third Cent $287,901.89 119 TDC - District 3 Third Cent $379,519.05 120 TDC - District 4 Third Cent $356,793.14 121 TDC - District 5 Third Cent $690,580.49 125 Grant Fund $3,768,134.40 130 Impact Fees/Roadways $41,393.36 141 Fire/Ambulance $954,345.58 147 Unincorporated Service $254,578.35 148 Planning Building $786,507.31 149 Municipal Policing $725,779.49 150 E911 Enhancement Fund $41,867.59 152 Duck Key Security $8,876.95 153 Local Housing Assistance $8,277.81 157 Boating Improvement Fund $29,649.08 158 Miscellaneous Special Revenue Fund $35,902.43 160 Environmental Restoration $18,680.70 163 Court Facilities $15,047.36 164 Drug Facilities Fees $1,885.52 171 Stock Island Wastewater $864.29 175 Long Key-Layton MSTU $277.50 176 Duck Key MSTU $412.63 177 Canal 4266 MSBU $653.77 180 Building Funds $353,922.71 207 2003 Revenue Bonds $17,529,814.50 304 1 Cent Infrastructure $621,432.60 310 Big Coppitt Wastewater $4,494.40 312 Cudjoe Regional WW Project $13,882.31 314 Series 2014 Revenue Bonds $156,587.61 316 Land Acquisition $23,339.00 401 Card Sound Bridge $23,374.94 Page 113 01/18/2023 Fund Fund Title Amount 403 Marathon Airport $365,684.78 404 Key West Intl Airport $1,275,674.08 405 Key West International Airport Series 2022 $34,140.00 Revenue Bonds 414 MSD Solid Waste $1,775,496.99 501 Workers' Compensation $206,096.47 502 Group Insurance Fund $2,213,463.00 503 Risk Management Fund $182,206.08 504 Fleet Management Fund $246,270.95 N5 Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. Said inventory is incorporated herein by reference. COUNTY ADMINISTRATOR 01 Board accepted the County Administrator's Monthly Report for January 2023. Said report is incorporated herein by reference. 02 Board granted approval and authorized execution of a Contract with Granicus, LLC for software, system configuration, implementation and training to develop, implement and maintain an electronic, fully integrated BOCC agenda process. 03 Board granted approval of the reappointment of Mr. Rudy Krause to the Career Service Council for a 2-year term, with a term expiring October 20, 2024. 04 Board granted approval and authorized execution of Planning Grant No. 22PLN66, in the amount of$139,350.00, from the Florida Department of Environmental Protection under the Resilient Florida Grant Program to update the Monroe County Vulnerability Assessment, pursuant to Section 380.093, Florida Statutes. 05 Board granted approval to solicit for Consulting Services to update the Vulnerability Assessments and Watershed Management Plans for Monroe County, Layton and Key Colony Beach, funded by grants from Florida Department of Environmental Protection and Florida Division of Emergency Management, and potentially for other sustainability projects for the County contained in the GreenKeys Plan. 06 Board granted approval of a Public Private Partnership Interim Agreement with Fortress Secured, LLC to design and construct a new Sugarloaf Fire Station; and granted approval for the County Administrator to execute the contract. Page 114 01/18/2023 COUNTY ATTORNEY P2 Board granted approval to initiate litigation against Scott Mayerberger and his properties, 60 Bay Drive and 45A Bay Drive, Saddlebunch Key, Florida, to seek compliance with the County Code and enforce the lien(s) arising from Code Compliance Case Nos. CE09080179 and CE10090079. P3 Board granted approval to ratify a three-year Agreement with Thomson Reuters for Government Plan West Proflex online legal research; and granted approval for the County Attorney to execute the agreement and any additional documents pertaining to the agreement. P5 Board granted approval to initiate litigation against Kenneth W. and Patricia A. Rech and their property, 1037 Picard Lane, Cudjoe Key, Florida, to seek compliance with the County Code and enforce the lien(s) arising from Code Compliance Case No. CE20010065. P6 Board granted approval to initiate litigation against Lynn M. Berman Revocable Trust 9/15/2010 and the property, 1131 Ocean Drive, Summerland Key, Florida, to seek compliance with the County Code and enforce the lien(s) arising from Code Compliance Case No. CE20090030. P7 Board granted approval of a Settlement Agreement in the case of Monroe County v. Buirley and Jay Archbell, P.A., Case No. 19-CA-565-K; and granted approval for the County Attorney to execute the settlement agreement and other necessary documents. P8 Board granted approval of a Settlement Agreement in the matter of Board of County Commissioners of Monroe County v. Villalobos, 16th Jud. Cir. case 21-CA-257-P; and granted approval for County Attorney to sign all necessary documents. P9 Board granted approval and authorized execution of the 1st Amendment to the Agreement for Legal Services with Bryant, Miller& Olive, P.A., dated July 29, 2020, eliminating the $49,999.99 limitation on expenditures; and granted approval to ratify the County Attorney's assignment of public private partnership proposal by Fortress Secured, LLC to build a replacement Fire Station 410 to the firm. P10 Board granted approval and authorized execution of a 4th Amendment to the Agreement for Professional Legal Services with Allen, Norton & Blue, P.A., the County's outside counsel for labor and employment matters, to increase maximum annual spending cap to $25,000.00. COUNTY ADMINISTRATOR T1 Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and Ocean Reef Volunteer Fire Department for the purchase of one Oshkosh Stinger, Rapid Intervention Suppression Vehicle (fire truck) and the following equipment: Digital Recording System for 911 Communication Center; AVTEC Scout 800 Advanced Console Package; and Motorola Handheld APX80000 Radios and Accessories. Page 115 01/18/2023 LIBRARIES T2 Board granted approval and authorized execution of a 5th Amendment to a Contract with Clarivate d/b/a Innovative Interfaces, Inc.,previously known as Polaris, to license hardware and Vega Discover+ and Vega Promote third-parry software, in the amount of$40,449.05. FACILITIES T3 Board granted approval for the addition of two full-time equivalent positions for the Facilities Maintenance Department, each classified as Maintenance Worker 2, reporting to the Upper Keys. Facilities Maintenance demands have experienced substantial growth as new buildings have come online and older buildings are being renovated, thereby necessitating the need for additional staff. LIBRARIES T4 Board granted approval and authorized execution of an Agreement with R. George and Associates, Inc., in the amount of$220,269.48, to furnish Monroe County's Big Pine Key Branch Library, utilizing funding from Library Impact Fees and the Golan Trust. Motion carried unanimously. HEALTH DEPARTMENT L1 Bob Eadie, JD, Administrator& Health Officer for the Monroe County Health Department and Carla Fry addressed the Board. After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Rice adopting the following Resolution supporting the appointment of Carla Fry as the Administrator of the Monroe County Health Department by the Surgeon General of the State of Florida. Motion carried unanimously. RESOLUTION NO. 044-2023 Said Resolution is incorporated herein by reference. MISCELLANEOUS BULK ITEM C1 Motion was made by Commissioner Rice and seconded by Commissioner Scholl adopting the following Resolution designating Commissioner Raschein, Commissioner Rice and Mayor Cates to represent Monroe County on the Board of Governors of Fire and Ambulance District 1 for 2023, as required by Ordinance No. 045-1988. Motion carried unanimously. RESOLUTION NO. 045-2023 Said Resolution is incorporated herein by reference. The Board of County Commissioners meeting adjourned for the Board of Governors, Fire & Ambulance District 1, meeting. Page 116 01/18/2023 FIRE &AMBURLANCE DISTRICT 1 BOARD OF GOVERNORS The Board of Governors for the Fire & Ambulance District 1 convened. Present and answering to roll call were Mayor Craig Cates, Commissioner Holly Raschein, Commissioner David Rice and Mayor Bruce Halle. Councilman Greg Lewis was absent from the meeting. H1 Motion was made by Commissioner Rice and seconded by Commissioner Raschein adopting the following Resolution electing Mayor Bruce Halle as Chairperson and Councilman Greg Lewis as Vice-Chairperson to the Fire & Ambulance District 1 Board of Governors for 2023, as required by Ordinance No. 045-1988. Roll call vote carried unanimously. RESOLUTION NO. 046-2023 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. MISCELLANEOUS BULK ITEMS C22 Motion was made by Commissioner Lincoln and seconded by Commissioner Scholl granting approval and authorizing the execution of a 1 st Amendment to the Agreement with the Guidance/Care Center(G/CC) for Transportation for Disadvantaged Services. G/CC was awarded an additional Innovative Service Development Grant No. G213 17 from the State of Florida Commission for the Transportation Disadvantaged, increasing the project costs and thus increasing the required local match by $10,430.00. Roll call vote carried unanimously, with Commissioner Rice abstaining due to conflict. C35 Motion was made by Commissioner Lincoln and seconded by Commissioner Scholl to adopt the following Resolution authorizing the submission of three grant applications, in the amount of$238,163.40 with a 25% match requirement of$59,540.85, to the Florida Department of Law Enforcement for Federal Fiscal Year 2021 for funding under the Residential Substance Abuse Treatment Jail-Based and Aftercare Treatment Programs; granting approval for the County to serve as the coordinating unit of government in the preparation of the grant proposals; granting approval to distribute the grant awards to Guidance/Care Center for the implementation of the Men's Jail In-House Drug Abuse Treatment Program, in the amount of$156,550.00, and Aftercare Program (Men), in the amount of$42,605.00, and to the Samuel's House for the implementation of the Aftercare Program (Women), in the amount of$39,008.40; granted approval to ratify the applications submitted on December 9, 2022; and granted approval for the Director of Finance and Budget to execute acceptance of the award and related documents. Roll call vote carried unanimously, with Commissioner Rice abstaining due to conflict. RESOLUTION NO. 047-2023 Said Resolution is incorporated herein by reference. Page 117 01/18/2023 C38 Motion was made by Commissioner Lincoln and seconded by Commissioner Scholl granting approval and authorizing execution of the 2nd Amendment to the Disaster Response and Recovery Agreement with DRC Emergency Services, LLC for debris removal at the same terms and conditions and extending the terms of the agreement to October 30, 2024. Roll call vote carried unanimously, with Commissioner Raschein abstaining due to conflict. TOURIST DEVELOPMENT COUNCIL D1 The following individual addressed the Board regarding approval to advertise a Request for Applications for Fiscal Year 2024 Capital Project Funding Applications: Patricia McGrath. Mr. Shillinger and Roman Gastesi, County Administrator, addressed the Board Motion was made by Commissioner Raschein and seconded by Commissioner Lincoln granting approval of the following items by unanimous consent: MISCELLANEOUS BULK ITEMS C15 Board granted approval and authorized execution of an Agreement for Professional Architectural and Engineering Services with William P. Horn Architect, P.A.,pursuant to Florida Statute Sec. 287.055 (2), to provide professional services for miscellaneous projects in which construction costs do not exceed $4,000,000.00, or for study activity if the fee for professional services for each individual study under the contract does not exceed $500,000.00. This Agreement is in the form of a continuing services contract effective for four years. C18 Board granted approval and authorized execution of an Agreement for Professional Architectural and Engineering Services with McFarland-Johnson, Inc.,pursuant to Florida Statute Sec. 287.055 (2), to provide professional services for miscellaneous projects in which construction costs do not exceed $4,000,000.00 or for study activity if the fee for professional services for each individual study under the contract does not exceed $500,000.00. This Agreement is in the form of a continuing services contract effective for four years. C26 Board granted approval and authorized execution of an Agreement for Professional Architectural and Engineering Services with Bender& Associates Architects, P.A.,pursuant to Florida Statute Sec. 287.055 (2), to provide professional services for miscellaneous projects in which construction costs do not exceed $4,000,000.00 or for study activity if the fee for professional services for each individual study under the contract does not exceed $500,000.00. This Agreement is in the form of a continuing services contract effective for four years. C28 Board granted approval and authorized execution of an Agreement for Professional Architectural and Engineering Services with CPH, LLC,pursuant to Florida Statute Sec. 287.055 (2), to provide professional services for miscellaneous projects in which construction costs do not exceed $4,000,000.00 or for study activity if the fee for professional services for each individual study under the contract does not exceed $500,000.00. This Agreement is in the form of a continuing services contract effective for four years. Page 118 01/18/2023 C32 Board granted approval and authorized execution of an Agreement for Professional Architectural and Engineering Services with K2M Design, Inc.,pursuant to Florida Statute Sec. 287.055 (2), to provide professional services for miscellaneous projects in which construction costs do not exceed $4,000,000.00 or for study activity if the fee for professional services for each individual study under the contract does not exceed $500,000.00. This Agreement is in the form of a continuing services contract effective for four years. COUNTY CLERK N1 Board granted approval of Tourist Development Council expenses for November through December 2022, as follows: Vendor Amount Advertising $3,592,165.85 Bricks & Mortar Projects $224,856.08 Events $252,928.36 Office Supplies & Operating Costs $50,028.51 Personnel Services $175,087.13 Public Relations $189,636.38 Sales & Marketing $175,016.94 Telephone &Utilities $38,206.48 Travel $36,175.00 Visitor Information Services $185,613.75 Motion carried unanimously. TOURIST DEVELOPMENT COUNCIL D1 Motion was made by Commissioner Lincoln and seconded by Commissioner Rice granting approval to advertise a Request for Applications for Fiscal Year 2024 Capital Project Funding Applications. Motion carried unanimously. STAFF REPORTS El Richard Strickland, Director of Airports, gave a Power Point Presentation on updates to Key West International Airport. E2 Alan MacEachern, Director of Information Technology (IT), gave a Power Point Presentation department update. COMMISSIONERS ITEMS M3 Motion was made by Commissioner Lincoln and seconded by Commissioner Rice to adopt the following Resolution calling on the Federal Government to provide the necessary Page 119 01/18/2023 Federal resources to address the influx of migrant arrivals in the Florida Keys. Motion carried unanimously. RESOLUTION NO. 048-2023 Said Resolution is incorporated herein by reference. COUNTY ADMINISTRATOR 07 Kevin Wilson, Assistant County Administrator, gave a Power Point Presentation regarding a draft resolution detailing parameters of the Employee Housing Rental Program. Mr. Shillinger addressed the Board. The Board took no action. COUNTY ATTORNEY P1 Mr. Shillinger referred the Board to the County Attorney Report for January 2023. Said report is incorporated herein by reference. Mr. Shillinger advised the Board that the Florida Supreme Court denied jurisdiction and ended the two ROGO challenge cases for the City of Marathon(COM) and Islamorada, Village of Islands (VOI). The COM and VOI are drafting a legislative fix. The Board directed Mr. Shillinger to monitor the situation. Mr. Shillinger requested to hold an Attorney-Client Closed Session in the matter of Monroe County v. Coher& Coher Invest Co Ltd, Case No. 2018-CA-674-P, and read the required language into the record. Motion was made by Commissioner Rice and seconded by Commissioner Lincoln granting approval to hold the closed session at the February 15, 2023 BOCC regular meeting in Key West, Florida, at 9:00 a.m. or as soon thereafter as the matter may be heard. Motion carried unanimously. P4 Mr. Shillinger requested to hold an Attorney-Client Closed Session in the matter of AshBritt, Inc. v. Monroe County, FL and Florida Department of Transportation, Case No. CA-K- 17-802, and read the required language into the record. Motion was made by Commissioner Lincoln and seconded by Commissioner Scholl granting approval to hold the closed session at the February 15, 2023 BOCC regular meeting in Key West, Florida, at 9:00 a.m. or as soon thereafter as the matter may be heard. Roll call vote carried unanimously, with Commissioner Raschein abstaining due to conflict. PUBLIC HEARINGS Q2 A Public Hearing was held to review a developer's request and consider approval of a Resolution to waive the Inclusionary Workforce Housing Requirement applicable to redevelopment and a change of use increasing workforce housing demand from a property within an existing commercial shopping center located at 91200 Overseas Highway, Tavernier, at approximate mile marker 91, and currently having property identification number 00089910- 000100. Emily Schemper, Sr. Director Planning & Environmental Resources, gave a Power Page 120 01/18/2023 Point Presentation. The following individual addressed the Board: Ty Harris, P.A.; representing the applicant. Peter Morris, Assistant County Attorney, and Mr. Shillinger addressed the Board. After discussion, motion was made by Commissioner Raschein and seconded by Commissioner Lincoln to adopt the following Resolution waiving the Inclusionary Workforce Housing Requirement on the project, concluding that the applicant meets the requirements for waiver under Monroe County Land Development Code Section 139-1(e)(3)(b)(3), as "the applicant demonstrates an absence of any reasonable relationship between the impact of the proposed nonresidential development and requirements of this subsection (f),". Motion carried unanimously. RESOLUTION NO. 049-2023 Said Resolution is incorporated herein by reference. Q3 A Public Hearing was held to consider approval of a Resolution to transmit to the State Land Planning Agency a draft Ordinance to adopt amendments to Monroe County 2030 Comprehensive Plan Policy 501.1.1, Policy 501.1.2, Policy 501.2.2, Policy 501.2.3, Policy 501.3.1, and Policy 501.3.3, to allow airport improvements, which may impact hammock areas, when there is no other viable alternative available, at Key West International Airport and 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. Ms. Schemper gave a Power Point Presentation. There was no public input. Motion was made by Commissioner Rice and seconded by Commissioner Lincoln to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 050-2023 Said Resolution is incorporated herein by reference. Q4 A Public Hearing was held to consider approval of a Resolution to approve a special permit to allow a temporary construction staging area at property located at 2080 Coral Way, Big Pine Key, currently having property identification number 00312020-000000,relating to the Canal No. 259 Canal Restoration Project. There was no public input. Motion was made by Commissioner Rice and seconded by Commissioner Lincoln to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 051-2023 Said Resolution is incorporated herein by reference. Q5 A Public Hearing was held to consider an Ordinance to amend Monroe County Code of Ordinances Chapter 3 (Alcoholic Beverages)to create a definition section, amend reference(s)to license classification types, and address potential outdoor on-premise consumption. Ms. Schemper gave a Power Point Presentation. The following individual addressed the Board: Stephani Prendes, of Tradewinds Liquors. Mr. Morris and Mr. Shillinger addressed the Board. Motion was made by Commissioner Lincoln and seconded by Commissioner Scholl to adopt the following Ordinance. Motion carried unanimously. Page 121 01/18/2023 ORDINANCE NO. 001-2023 Said Ordinance is incorporated herein by reference. Q6 A Public Hearing was held to consider approval of a Resolution for Budget amendments for Fiscal Year 2023 for the One Cent Infrastructure Surtax, Fund 304; Infrastructure Revenue Bonds Series 2007, Fund 308; Infrastructure Revenue Bonds Series 2014, Fund 314; Long Key Wastewater, Fund 315; and Land Acquisition, Fund 316. There was no public input. Motion was made by Commissioner Raschein and seconded by Commissioner Scholl to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 052-2023 Said Resolution is incorporated herein by reference. Q7 A Public Hearing was held to consider approval of a Resolution for Budget amendment for Fiscal Year 2023 for Key West International Airport, Fund 404. There was no public input. Motion was made by Commissioner Rice and seconded by Commissioner Scholl to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 053-2023 Said Resolution is incorporated herein by reference. COMMISSIONER'S COMMENTS S Commissioner Raschein addressed the Board regarding the Key Largo Wastewater Treatment District. The Board thanked staff for all their hard work and recognized the employee of the quarter and employee of the year. 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 Liz Yongue, D.C. Page 122 01/18/2023