02/15/2023 Regular MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, February 15, 2023
Key West, Florida&
Via Communication Media Technology
A regular meeting of the Monroe County Board of County Commissioners convened at
9:00 a.m. at the Harvey Government Center in Key West and via Communication Media
Technology. Present and answering to roll call were Commissioner Michelle Lincoln,
Commissioner Holly Raschein, Commissioner David Rice, and Mayor Craig Cates. Also present
at the meeting were Roman Gastesi, County Administrator; Pedro Mercado, Senior Assistant
County Attorney; Kevin Madok, County Clerk; Liz Yongue, Deputy Clerk; county staff,
members of the press and radio; and the general public.
Pedro Mercado, Senior Assistant County Attorney, addressed the Board. Motion was
made by Commissioner Lincoln and seconded by Commissioner Raschein finding that
extraordinary circumstances exist to allow Commissioner Scholl to attend the meeting by Zoom.
Motion carried unanimously.
PRESENTATION OF AWARDS
B 1 Presentation of Years of Service Award in recognition of 10 years of service to Breanne
Erickson, Contract/Budget Administrator, Monroe County Project Management.
B2 Presentation of Years of Service Award in recognition of more than 28 years of service to
Pam Pumar, Human Resources Senior Administrator, upon her retirement.
B4 Presentation of an Honorary Conch Certificate to Amy Phillips for her dedication to the
preservation and conservation of Florida Keys Lands.
Commissioner James Scholl joined the meeting via Communication Media Technology.
SHERIFF'S OFFICE
Sheriff Rick Ramsay addressed the Board regarding the Monroe County Sheriff's Office
need for additional Trauma Star helicopters. Roman Gastesi, County Administrator, addressed
the Board. After discussion, motion was made by Commissioner Rice and seconded by
Commissioner Lincoln granting approval to begin contract negotiations with Leonardo. Motion
carried unanimously.
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ADDITIONS, CORRECTIONS & DELETIONS
Al Motion was made by Commissioner Lincoln and seconded by Commissioner Raschein
granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried
unanimously.
BULK APPROVALS
Motion was made by Commissioner Raschein and seconded by Commissioner Lincoln
granting approval of the following items by unanimous consent:
C1 Board granted approval to add one new full time equivalent position of one Parks &
Beaches Recreation Team Leader for the Lower Keys in the Fiscal Year 2023 budget for Parks
and Beaches.
C2 Board granted approval and authorized execution of a 1st Amendment to the Lease
Agreement with the Lower Keys Chamber of Commerce, Inc. for two parcels on Big Pine Key
for use as an office, welcome center, and for various Chamber sponsored community events.
C3 Board granted approval and authorized execution of an 8th Change Order to the Contract
with West Construction, Inc., a no-cost time extension, for the new Cudjoe Fire Station Project.
The project is complete, however the contractor experienced significant delays as a result of the
Covid-19 pandemic and a change order is needed in order to release the final payment.
C4 Board granted approval and authorized execution of a 3rd Amendment to the Agreement
with Air Mechanical & Service Corp. for chiller Maintenance & Service, for a 6.5% CPI-U
increase, renewal of the second of optional one-year term, and update to contract provisions.
Funding is Ad Valorem.
C5 Board granted approval and authorized execution of a 4th Amendment to the Agreement
with Sub-Zero, Inc., for Lower Keys HVAC Maintenance & Service, for a one-year renewal, an
annual 6.5% CPI-U increase, and update to certain contract provisions. Funding is Ad Valorem.
C6 Board granted approval and authorized execution of a 4th Amendment to the Agreement
with Master Mechanical Services, Inc., for Middle Keys HVAC Maintenance & Service, for a
one-year renewal, an annual CPI-U increase of 6.5%, and update to certain contract provisions.
Funding is Ad Valorem.
C7 Board granted approval and authorized execution of a 4th Amendment to the Agreement
with Master Mechanical Services, Inc., for Upper Keys HVAC Maintenance & Service, for the
last one-year renewal, an annual CPI-U adjustment of 6.5%, and update to certain contract
provisions. Funding is Ad Valorem.
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C9 Board granted approval and authorized execution of an Agreement for Grant Writing and
Administration Services with Hale Innovation, LLC. This agreement is in the form of an on-call
continuing services contract effective for two years.
C10 Board adopted the following Resolution to amend the Personnel Policies and Procedures
Manual including: Section 1.05-Gift policy; Section 2.14 regarding Promotional Opportunities;
Section 7.01 Annual Leave; Section 7.05 regarding Bereavement Leave; Section 8.01 regarding
Administrative and Military Leave; and Section 9.11 regarding Procedure for Imposing Discipline.
RESOLUTION NO. 061-2023
Said Resolution is incorporated herein by reference.
Cl 1 Board granted approval and authorized execution of an Agreement for Grant Writing and
Administration Services with WSP USA, Inc. This agreement is in the form of an On-Call
Continuing Services Contract effective for two years.
C12 Board granted approval and authorized execution of an Agreement for Grant Writing and
Administration Services with Langton Associates, Inc. This agreement is in the form of an On-
Call Continuing Services Contract effective for two years.
C14 Board granted approval of a Release for Property Damage Only and settlement amount
for damages sustained by a subcontractor working on the new Plantation Key Courthouse. The
settlement, in the amount of$64,658.50, is 100% of the expense incurred by the County for the
emergency repairs to the damaged sewer line.
C15 Board granted approval to ratify emergency procurement for plumbing repairs, in the
amount of$64,658.50, at the new Plantation Key Courthouse. This expense was incurred as a
result of a subcontractor damaging the sewer line while working on the new courthouse. The
subcontractor's insurance company has agreed to reimburse the County, in the amount of
$64,658.50, which is 100% of the expense incurred by the County.
C16 Board granted approval to apply for grant funding for equipment that removes
carcinogens from firefighter gear from the Federal Emergency Management Agency's Assistance
to Firefighters Grant Program; and granted approval for the Fire Chief to execute any and all
documentation required as part of the application and award process.
C17 Board granted approval and authorized execution of an Agreement for Grant Writing and
Administration Services with Triad Advisory Services, Inc. This agreement is in the form of an
On-Call Continuing Services Contract effective for two years.
C18 Board granted approval to reject all bids for the Construction Manager at Risk Services
for Wind-Retrofits at 10 County Buildings RFP which were opened January 5, 2023; and granted
approval to re-advertise a competitive solicitation once the design phase is complete.
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C19 Board granted approval and authorized execution of a Renewal to the Contract with Dion
Fuels LLC for a one-year term beginning March 15, 2023.
C20 Board granted approval and authorized execution of a 4th Amendment to the Task Order
with Kisinger Campo & Associates, Corp. for Engineering Design and Permitting Services for
the Bimini Drive Bridge (4904603) Replacement Project, to add additional Post Design
Engineering Services in the total, not to exceed, amount of$59,612.00. The revised total, not to
exceed, amount for this task order is $1,098,927.23.
C21 Board granted approval of a 1 st Amendment to the Task Order with Kisinger Campo &
Associates, Corp. for the Engineering Design and Permitting Services for the Seaview Drive
Bridge (4904606) Replacement Project, to add additional Post Design Engineering Services in
the total, not to exceed, amount of$147,522.00. The revised total not to exceed amount for this
task order is $788,061.25.
C22 Board granted approval to submit an application for a Florida Department of
Transportation (FDOT) Small County Outreach Program Grant, in the amount of$3,263,000.00,
to partially fund the repair, resurfacing and elevation of Key Deer Boulevard north of Watson
Boulevard on Big Pine Key. If awarded, the grant would be programmed in the FDOT work
program Fiscal Years 2026 and 2027 and would require the county to provide matching funds, in
the amount of approximately $5,580,000.00, for the engineering design phase and a portion of
the construction phase.
C23 Board granted approval of a Workers' Compensation Settlement in the amount of
$100,000.00, inclusive of Attorney's fees.
C24 Board granted approval and authorized execution of a 2nd Amendment to the Lease
Agreement with Rockland Investment Corporation, Inc., for the temporary Rockland Key Fleet
Garage lease,to include an additional parcel beginning February 15, 2023. The additional monthly
rental amount of$1,134.42 will be owed for the additional parcel.
C25 Board granted approval and authorized execution of an Agreement with PFM Financial
Advisors LLC for financial advisory services.
C26 Board granted approval and authorized execution of a 1 st Amendment to the American
Rescue Plan Contract No. RP-2129.2 between the Alliance for Aging, Inc. and Monroe County
/Monroe County Social Services to increase grant funding, in the amount of$89,775.43, bringing
the contract total from $142,333.49 to $232,108.92 for the contract period of October 1, 2022
through September 30, 2023.
C27 Board granted approval of a federally funded Sub-Award and Grant Agreement between
Monroe County and Florida Division of Emergency Management for public assistance relating to
Hurricane Ian; granted approval for the Senior Director of Budget and Finance to act as the
authorized agent for the County and to execute the attached forms; and granted approval for the
County Administrator to sign related documents including amendments to the agreement.
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C28 Board granted approval to ratify an Agreement with the U.S. Department of Treasury for
the Local Assistance and Tribal Consistency Fund (LATCF) established by Section 605 of the
Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021. Federal
Funds, in the amount of$1,526,054.10 in total with payment in two tranches, are obligated to
Monroe County, for Fiscal Year 2022 and 2023. No match is required. Board granted approval
for the Director of Budget and Finance to serve as the Authorized Representative. The
Authorized Representative will have the responsibility to electronically sign and submit
documents in the U.S. Department of Treasury grant portal for the LATCF Funds.
C29 Board granted approval of the Monroe County Purchasing Policy, to include minor
changes to Attachments B.2, B.3., and BA., forms related to fixed assets, as requested by the
Property Clerk; Attachment D.5, the County Administrator Contract Summary Form for
Contracts Less Than $50,000, was revised to remove obsolete language; and Attachment D.11.
the Drug-Free Workplace Form, was revised to correct the revision date at the bottom of the
form.
C30 Board granted approval and authorized execution of a 12th Amendment to Community
Pool Lease Agreement with Upper Keys Community Pool, Inc., to extend the lease term on a
month-to-month basis not to exceed July 13, 2023, for the property known as Jacobs Aquatic
Center located at Key Largo Community Park.
C31 Board granted approval to purchase four Dell XC750 servers from CDW Government
with components included in order to replace the County's existing four servers which serve as
the County's Hyper Converged Infrastructure environment; and granted approval for the IT
Director to sign any related documentation required for this purchase. The four physical servers
are efficiently and securely powering over fifty virtual servers supporting all of the County's
local computer needs (file servers, local applications, and local infrastructure). The quote utilizes
NASPO Contract No. 43211500-WSCA-I5-ACS competitively bid pricing.
C32 Board accepted the Report of monthly Change Orders for the month of January 2023,
reviewed by the County Administrator/Assistant County Administrator. Said report is
incorporated herein by reference.
C33 Board adopted the following Resolutions concerning the Transfer of Funds and the
Receipt of Unanticipated Revenue:
Receipt of Unanticipated Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 062-2023
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 063-2023
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 064-2023
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 065-2023
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 066-2023
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 067-2023
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 068-2023
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 069-2023
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 070-2023
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 071-2023
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 072-2023
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 073-2023
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 074-2023
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 075-2023
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 076-2023
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 077-2023
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 078-2023
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 079-2023
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 080-2023
Said Resolution is incorporated herein by reference.
C34 Board granted approval and authorized execution of a Task Order, in the amount of
$207,945.05, for Grant Administration Services with WSP USA, Inc. to be used for the
Emergency Operations Center Project. This will be funded by the Sub-Recipient Management
Costs (SRMC) included in the Phase 11 Hazard Mitigation Grant Program Grant No. 4337-066-
A. SRMC funds are in addition to construction funds.
TOURIST DEVELOPMENT COUNCIL
D1 Board granted approval and authorized execution of a 3rd Amendment to the Agreement
with the Mel Fisher Maritime Heritage Society, Inc. for the Mel Fisher 2nd Round Improvements
Project, to extend the completion date to June 30, 2023.
D2 Board granted approval and authorized execution of a 1st Amendment to the Agreement
with Florida Keys Wild Bird Rehabilitation Center, Inc. for the Florida Keys Wild Bird Center
Pelican Pond Reconstruction Phase II Project, to extend the completion date to September 30,
2023.
D3 Board adopted the following Resolution to authorize the payment of expenses and
invoices related to trade shows as set forth in the approved Monroe County Tourist Development
2022-2023 Marketing Plan; and granted approval to provide additional advance registration,
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booth related expenses, and travel related expenses for trade shows for Fiscal Year 2024 to be
paid from TDC funds in Fiscal Year 2023.
RESOLUTION NO. 081-2023
Said Resolution is incorporated herein by reference.
COUNTY LAND ACQUISITION AND LAND MANAGEMENT
FI 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$380,000.00; and authorized 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. 082-2023
Said Resolution is incorporated herein by reference.
F2 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$240,000.00; 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. 083-2023
Said Resolution is incorporated herein by reference.
F3 Board granted approval to advertise a Request for Bids for the installation of two fences
on County conservation lands in Key Largo on the bayside near mile marker 94, south of Sunset
Gardens Drive, and near mile marker 96 on the Bayside.
AIRPORTS
II Board granted approval to ratify a 2nd Amendment to State of Florida Department of
Transportation (FDOT) Public Transportation Grant Agreement No. GI V30, as executed by the
Director of Airports,providing funding in the amount of$240,000.00 for Environmental
Assessment Projects at Florida Keys Marathon International Airport, to be funded by FDOT
(80%); and Marathon Airport Fund 403 (20%).
12 Board granted approval to issue a Purchase Order to Florida Airfield Maintenance JV
pursuant to the purchasing policy cooperative purchasing exemption in the amount of$54,320.77
for annual rubber removal and repainting of Key West International Airport Runway 9/27.
Florida Airfield Maintenance JV holds Florida Department of Transportation (FDOT) State
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Contract No. BEA-97 for this project which will be funded by FDOT Airfield Improvements
Grant Nos. G1007; and/or G2E62 (50%); and Key West International Airport Fund 404 (50%).
I3 Board accepted the Report of Airport Change Orders for the month of January 2023
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 an On-Airport Service
Facility Lease with Avis Budget Car Rental, LLC at Key West International Airport, for a period
of five years.
I5 Board granted approval to award bid and authorized execution of an On-Airport Common
Use Service Facility Lease with The Hertz Corporation at Key West International Airport, for a
period of five years.
PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE
COMPLIANCE DEPARTMENTS
J1 Board adopted the following Resolution reserving 13 Affordable Housing Rate of
Growth Ordinance Allocations consisting of four low income, four median income, and five
moderate income Affordable Housing Allocations,pursuant to Monroe County Land
Development Code Section 138-24(b)(2), as requested by Mobile Homes Holdings Coco, LLC,
for 13 additional Affordable Housing Units located on U.S. Highway 1, Lot 30, Sacarma, a
Subdivision of Government Lots 3 and 4 in Section 29, Township 66 South, Range 28 East,
Cudjoe Key (approximate mile marker 21.5), currently having property identification number
00174960-000000,until February 15, 2024.
RESOLUTION NO. 084-2023
Said Resolution is incorporated herein by reference.
J2 Board adopted the following Resolution accepting and approving a Joint Participation
Agreement with the Florida Department of Transportation (FDOT), in the amount of
$600,000.00, for Monroe County's July 1, 2023 through June 30, 2025 Transportation Planning
Program, funded by FDOT with a 12.5% ($75,000) County match requirement.
RESOLUTION NO. 085-2023
Said Resolution is incorporated herein by reference.
J3 Board granted approval and authorized execution of an 18th Work Order to complete the
2023 U.S. 1 Arterial Travel Time and Delay Study, in the amount of$95,186.57,pursuant to the
AECOM Transportation Planning Continuing Services Contract which is funded through a Joint
Participation Agreement from the Florida Department of Transportation. County share of cost is
$11,898.32.
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J4 Board granted approval and authorized execution of-a Task Order No. 2023-AE-98 with
Adventure Environmental, Inc., in the amount of$60,000.00, for the removal and disposal of
three Derelict Vessels, funded by a grant from the Florida Fish and Wildlife Conservation
Commission Derelict Vessel Grant Program.
COMMISSIONER'S ITEMS
L1 Board adopted the following Resolution expressing the Board's support for efforts of the
Florida Keys Aqueduct Authority to situate a reverse osmosis plant in or near Marathon, Florida
in the Middle Keys.
RESOLUTION NO. 086-2023
Said Resolution is incorporated herein by reference.
L2 Board granted approval of Mayor Cates' appointment of Leslie Eadeh to the Monroe
County Art in Public Places Committee,replacing Christina Spottswood,with a term to expire
November 18, 2024.
L3 Board granted approval of Mayor Pro Tem Raschein's reappointment of Gina Boilini to
the Monroe County Shared Asset Forfeiture Fund Advisory Board, with a term to expire
November 2024.
L7 Board granted approval and authorized execution of a 1st Amendment to the Contract
with Frank Jackson, IT Technician for the Duck Key Security District Advisory Board, to
provide a salary increase.
L8 Board granted approval of Commissioner Scholl's appointment of Matthew P. Babich to
the Parks and Recreation Board, replacing Gayle Glover, with a term to expire February 15,
2027.
COUNTY CLERK
M1 Board granted approval of the minutes from the November 15, 2022 regular meeting.
Said minutes are incorporated herein by reference.
M2 Board granted approval of BOCC Warrants 10114310-10115340 (AP); 28968-29041
(WC); all payroll direct deposited to employee's bank accounts for the month of January 2023, as
follows:
Fund Fund Title Amount
001 General Fund $4,150,733.60
101 Fine & Forfeiture $11,681,979.10
102 Road/Bridges $221,496.22
104 Middle Keys Health Care MSTU $11,217.19
115 Tourist Development Council-Two Penn $441,511.87
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Fund Fund Title Amount
116 TDC - Admin Promo 2 Cent $934,258.47
117 TDC - District 1 Third Cent $1,620,949.69
118 TDC - District 2 Third Cent $269,390.29
119 TDC - District 3 Third Cent $471,256.16
120 TDC - District 4 Third Cent $137,580.83
121 TDC - District 5 Third Cent $272,594.67
125 Grant Fund $1,885,728.15
141 Fire/Ambulance $937,642.48
147 Unincorporated Service $223,251.27
148 Planning Building $556,508.02
149 Municipal Policing $1,475,965.93
150 E911 Enhancement Fund $44,803.87
152 Duck Key Security $8,637.91
153 Local Housing Assistance $197,835.34
157 Boating Improvement Fund $52,476.91
158 Miscellaneous Special Revenue Fund $38,631.65
160 Environmental Restoration $57,906.42
162 Law Enforcement Trust-600 $7,000.00
163 Court Facilities $29,953.95
164 Drug Facilities Fees $7,746.04
171 Stock Island Wastewater $924.49
175 Long Key-Layton MSTU $924.49
176 Duck Key MSTU $924.49
177 Canal 4266 MSBU $592.57
180 Building Funds $398,107.95
304 1 Cent Infrastructure $452,958.97
310 Big Coppitt Wastewater $924.49
312 Cudjoe Regional WW Project $9,300.55
314 Series 2014 Revenue Bonds $166,382.28
316 Land Acquisition $1,390.00
401 Card Sound Bride $23,277.46
403 Marathon Airport $176,668.55
404 Key West Intl Airport $1,911,679.20
405 Key West International Airport Series 2022 $158,286.00
Revenue Bonds
406 PFC & Operating Restrictions $488,576.74
414 MSD Solid Waste $1,849,622.83
501 Workers' Compensation $112,259.69
502 Group Insurance Fund $1,541,689.68
503 Risk Management Fund $114,978.79
504 Fleet Management Fund $271,696.11
610 Fire/EMS LOSAP Trust Fund $2,805.00
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M3 Board granted approval of Tourist Development Council expenses for the month of
January 2023, as follows:
Vendor Amount
Advertising $3,283,938.99
Bricks & Mortar Projects $268,978.49
Events $89,642.70
Office Supplies & Operating Costs $12,017.49
Personnel Services $107,813.21
Public Relations $138,860.05
Sales & Marketing $40,366.48
Telephone &Utilities $29,045.85
Travel $15,794.97
Visitor Information Services $83,704.33
COUNTY ADMINISTRATOR
N1 Board accepted the County Administrator's monthly Report for February 2023. Said
report is incorporated herein by reference.
N2 Board adopted the following Resolution supporting the reappointment of Michael
Steckbauer, M.D. as the District 16 Medical Examiner of Monroe County by the Medical
Examiners Commission of the State of Florida; and granted approval for the County
Administrator to complete the necessary forms.
RESOLUTION NO. 087-2023
Said Resolution is incorporated herein by reference.
N3 Board adopted the following Resolution setting the rent, applicant qualifications, and
conditions for the Employee Rental Housing Program.
RESOLUTION NO. 088-2023
Said Resolution is incorporated herein by reference.
N5 Board granted approval and authorized execution of a Contract with LPS Utilities, Inc., in
the amount of$1,600,000.00, for the installation of two submerged elliptical concrete culverts to
hydraulically connect Canal Number 475 and Canal Number 470 on Geiger Key, located
between Boca Chica Road, Sirius Lane, Star Lane and Vega Lane as a Canal Restoration Project
funded by Florida Department of Environmental Protection Stewardship Grant No. LPA0249.
N6 Board granted approval and authorized execution of a 5th Task Order to the Contract
with WSP USA Environment& Infrastructure, Inc., in the amount of$79,973.00, for On-Call
Category B —Canal Infrastructure Engineering Services, for Construction Engineering and
Inspection Services to oversee the installation of two submerged concrete culverts to
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hydraulically connect Canal Number 475 and Canal Number 470 on Geiger Key, funded by
Florida Department of Environmental Protection Grant No. LPA0249.
N7 Board adopted the following Resolution to accept the updated Southeast Florida Regional
Climate Action Plan (RCAP 3.0),providing actionable recommendations in support of regionally
coordinated strategies and efforts in the areas of climate adaptation, resilience and greenhouse
gas emission reductions; granted approval for the County Administrator to implement the RCAP
3.0 to the extent possible with current resources; and granted approval to seek grants and
partnerships to assist in further implementation.
RESOLUTION NO. 089-2023
Said Resolution is incorporated herein by reference.
N9 Board granted approval and authorized execution of a 1st Task Order to the Contract with
WSP USA Environment& Infrastructure, Inc., in the amount of$677,537.00, for Professional
Services for 10 Canal Restoration Projects, and to design,permit and procure nine Canal
Restoration Projects, funded by Florida Department of Environmental Protection Stewardship
Grant No. LPA0428.
N10 Board adopted the following Resolution authorizing the use of Fiscal Year 2022-2023
Stewardship funds, in the amount of$5,613,333.34, for the Canal Restoration Program.
RESOLUTION NO. 090-2023
Said Resolution is incorporated herein by reference.
N11 Board granted approval and authorized execution of Florida Department of
Environmental Protection Planning Grant Agreement No. 22PLN67, in the amount of
$75,000.00, to develop a Natural Resources Adaptation Plan and update the County's
Vulnerability Assessment pursuant to Section 380.093, Florida Statutes; and granted approval of
a $75,000.00 County match requirement.
N12 Board granted approval and authorized execution of Florida Department of
Environmental Protection Revenue Grant Agreement No. LPA0428 to authorize Stewardship
funds, in the amount of$4,246,515.00, for the Canal Restoration Program.
COUNTY ATTORNEY
02 Board granted approval to advertise a Public Hearing to consider an Ordinance amending
Article III, Division 5 of the Monroe County Code (County Attorney) and Article V, Division 4
of the Monroe County Code (Risk Management Program).
03 Board granted approval to initiate litigation against Cynthia N. Sandhusen and her
property located at 22725 Old State Road 4A, Cudjoe Key, Florida, to seek compliance with the
County Code and enforce the lien(s) arising from Code Compliance Case Nos. CE18060108 and
CE20110073.
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04 Board granted approval to initiate litigation against John B. Baillie and his property,
Vacant Lan Minorca Dr., Big Pine Key, Florida, to seek compliance with the County Code and
enforce the lien(s) arising from Code Compliance Case No. CE21020146.
05 Board granted approval to initiate litigation against Brian Schumacher and his property,
28161 Helen Avenue, Little Torch Key, Florida, to seek compliance with the County Code and
enforce the lien arising from Code Compliance Case No. CE21050008.
06 Board granted approval and authorized execution of a cost-neutral Services Agreement
Addendum to the Contract with Clear Risk Inc. for a read-only user license instead of
integration.
07 Board granted approval to initiate litigation against Harvey L. Johnson & Margaret E.
Crowley and their property, 1551 Coral Ct., Sugarloaf Key, Florida, to seek compliance with the
County Code and enforce the lien(s) arising from Code Compliance Case No. CE20110056.
AIRPORTS
S1 Board granted approval to award bid and authorized execution of an Airport Service
Facility Lease Agreement(Common Use)with Enterprise Leasing Company of Florida, LLC at
Key West International Airport, for a period of five years.
COUNTY ATTORNEY
S2 Board granted approval of a Settlement Agreement in the case of Monroe County v.
Coher and Coher Invest. Co. Ltd., Case No. 18-CA-674-P; and granted approval for the County
Attorney to execute the settlement agreement and other necessary documents.
SUSTAINABILITY
S3 Board granted approval and authorized execution of Florida Department of Economic
Opportunity Community Planning Technical Assistance Program Revenue Grant No. P0467, in
the amount of$50,000.00, to create a Pigeon Key Resilience and Adaption Plan.
PROJECT MANAGEMENT
S4 Board granted approval and authorized execution of an Agreement with Strong Tower
Construction, LLC d/b/a Koch Corporation for the replacement of 36 windows at the Monroe
County Detention Center for $208,137.00. This project is funded by the American Rescue Plan
Grant.
COUNTY ATTORNEY
S5 Board granted approval of a conflict waiver with the law firm of Gray Robinson (GR)to
allow GR to represent the Florida Department of Management Services in connection with a
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transfer of a County owned cell tower to the State; and granted approval for the County Attorney
to sign the conflict waiver letter.
EMERGENCY SERVICES
S6 Board granted approval of a renewal of a Class A Certificate of Public Convenience and
Necessity (COPCN)to E Care Ambulance Inc. The renewal COPCN is for the operation of an
Advanced Life Support Transport Service in Monroe County, Florida, excluding the City of
Marathon,for the period March 18, 2023 through March 17, 2025 for responding to requests for
inter-facility transports only. E Care Ambulance Inc.is not authorized to perform 911 scene response
work within Monroe County.
AIRPORTS
S7 Board adopted the following Resolution concerning the Receipt of Unanticipated Funds
relating to the Rehab Taxiway A Pavement& Lighting Construction Project at Key West
International Airport.
RESOLUTION NO. 091-2023
Said Resolution is incorporated herein by reference.
Motion carried unanimously.
Bob Shillinger, County Attorney, arrived at the meeting and took his seat.
COMMISSIONER'S ITEMS
L9 The following individual addressed the Board concerning support for the Florida Fish and
Wildlife Conservation Commission's (FFWCC) Artificial Reef Construction Program: Robert
Spottswood, Jr., representing FFWCC. Mr. Gastesi, Emily Schemper, Sr. Director Planning &
Environmental Resources; and Bob Shillinger, County Attorney, addressed the Board. After
discussion, motion was made by Commissioner Lincoln and seconded by Commissioner
Raschein to adopt the following Resolution expressing support for the FFWCC Artificial Reef
Construction Program, with the following additional language on page 2:
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA hereby:
1) Supports the habitat support structure efforts made by the artificial reef program
administered by the Florida Fish and Wildlife Conservation Commission; and
2) Commits to exploring an expanded State-County partnership, subject to state funding,
to establish a County program.
Motion carried unanimously.
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RESOLUTION NO. 054-2023
Said Resolution is incorporated herein by reference.
L6 The following individual addressed the Board concerning a Resolution of support for the
Early Learning Coalition of Monroe County in their appeal to the Florida Legislature to (1)
amend the School Readiness Program Eligibility Criteria to increase access for children in need
of early childhood education; and (2) increase childcare provider reimbursement rates statewide
to offset higher operational costs incurred by Early Learning Programs: Sandi Bisceglia,
representing the Early Learning Coalition. Motion was made by Commissioner Rice and
seconded by Commissioner Raschein to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 055-2023
Said Resolution is incorporated herein by reference.
MISCELLANEOUS BULK ITEMS
C8 The following individual addressed the Board concerning approval of a Construction
Contract time extension for the Bimini Drive Bridge Replacement Project on Duck Key. This
change order extends the substantial completion date by 217 days at no additional cost. The
extension is due to impacts to the project schedule that were not a part of the contractor's scope
of work and were not due to his actions or inaction. This contract extension is to be retroactive
and added to the existing contract expiration date of February 9, 2023, with a new substantial
completion date of September 14, 2023: Patricia McGrath. Judy Clarke, Director of
Engineering/Roads & Bridges, addressed the Board. After discussion, motion was made by
Commissioner Lincoln and seconded by Commissioner Raschein to approve the item. Motion
carried unanimously.
C13 The following individual addressed the Board concerning approval to negotiate a contract
with WSP USA, Inc. for the engineering design and permitting phase of the Stillwright Point
Road Elevation and Stormwater Management Project, and if an agreement cannot be reached
with the highest ranked respondent, approval to negotiate with the next highest ranked
respondent until an agreement is reached. The design is partially funded by a Florida Department
of Environmental Protection Resilient Florida Program Grant: George Smyth. Ms. Clarke
addressed the Board. After discussion, motion was made by Commissioner Raschein and
seconded by Commissioner Lincoln to approve the item. Motion carried unanimously.
COMMISSIONER'S ITEM
L5 Phil Goodman, Chairman of the Board of the Florida Keys Mosquito Control District
(FKMCD), and Andrea Leal, Executive Director of FKMCD, gave a Power Point Presentation
on the District's operations and requested approval of a Resolution expressing the Board's
support for the District retaining responsibility for mosquito control activities in Monroe County.
After discussion, motion was made by Commissioner Rice and seconded by Commissioner
Raschein to adopt the following Resolution. Motion carried unanimously.
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RESOLUTION NO. 056-2023
Said Resolution is incorporated herein by reference.
COUNTY ATTORNEY
08 Brian Bradley, Risk Management Manager, gave a Power Point Presentation and
requested policy direction regarding the current named storm insurance levels carried by the
County, and the possibility of raising these limits closer to standard levels. Richard Strickland,
Director of Airports, Mr. Shillinger and Tina Boan, Director of Budget& Finance, addressed the
Board. The Board took no official action.
SOUNDING BOARD
Q1 Richard Boettger gave a Power Point Presentation in regards to the County taking over
Windstorm Insurance.
COUNTY ADMINISTRATOR
N8 Rhonda Haag, Chief Resilience Officer, addressed the Board. Milan Mora, P.E., Chief,
Water Resources Branch of the U.S. Army Corps of Engineers (USAGE) gave a Power Point
Presentation on the Florida Keys Coastal Storm Risk Management Project developed by USACE
and approved by the United States Congress to reduce coastal storm risk vulnerability in the
Florida Keys. Mr. Gastesi addressed the Board. The following individual addressed the Board:
Patricia McGrath.
STAFF REPORT
El Ms. Haag gave a Power Point Presentation on the Canal Program and Resiliency
Planning Projects. The following individual addressed the Board: Greg Corning, PE, Assistant
Vice President, Civil Engineer FL Civil Design Team Lead, with WSP USA, Inc.
COUNTY ADMINISTRATOR
N4 Erin L. Deady, P.A. gave a Power Point Presentation on policy issues under the contract
with HDR, Inc. for the Roads Vulnerability Analysis and Capital Plan for County-Maintained
Roads and Related Services,policy issues related to potential Road Adaptation Projects, and
requested direction on finalizing policy approach for Roads Vulnerability Analysis and Capital
Plan implementation.
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COMMISSIONER'S ITEM/STAFF REPORT
Kristen Livengood, Public Information Officer, address the Board concerning the
following two items (L4 & E2):
L4 Approval of a Resolution to authorize the expenditure of up to $49,999.99 in Tourist
Development Tax Revenues to fund the Monroe County 200th Anniversary Celebration event on
July 3, 2023 at Big Pine Community Park.
E2 Public Information Department Update.
L4 After discussion, motion was made by Commissioner Lincoln and seconded by
Commissioner Rice to adopt the following Resolution to authorize the expenditure of up to
$49,999.99 in Tourist Development Tax Revenues to fund the Monroe County 200th
Anniversary Celebration event on July 3, 2023 at Big Pine Community Park. Motion carried
unanimously.
RESOLUTION NO. 057-2023
Said Resolution is incorporated herein by reference.
COMMISSIONER'S ITEM
L10 Lisa Tennyson, Legislative Affairs & Grants Acquisition Director, addressed the Board
regarding a Resolution in support of the Florida Fish and Wildlife Conservation Commission
(FWC) and its law enforcement officers; encouraging an increase in the number of FWC
officers; and supporting modernizing the requirement for photographic evidence by allowing for
digital photography, as an expanded enforcement tool for illegal fishing and harvesting, for the
protection of Monroe County's marine environment. After discussion, motion was made by
Commissioner Lincoln and seconded by Commissioner Rice adopting the following Resolution.
Motion carried unanimously.
RESOLUTION NO. 058-2023
Said Resolution is incorporated herein by reference.
COUNTY ATTORNEY
01 Mr. Shillinger referred the Board to the County Attorney Report for February 2023. Said
report is incorporated herein by reference.
Mr. Shillinger requested that in addition to the 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 being held today, that it also be continued it to the March meeting. Motion
was made by Commissioner Rice and seconded by Commissioner Lincoln granting approval to
hold the second closed session after the March 22, 2023 BOCC regular meeting in Key Largo,
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Florida. Roll call vote carried unanimously, with Commissioner Raschein abstaining due to a
conflict.
Mr. Shillinger addressed the Board regarding an appellate decision by the 4th District
Court of Appeal in the matter of Testa v. Town ofJupiter Island, which invalidated the common
practice of not readvertising a public hearing for adoption of an ordinance when the public
hearing is continued to a future date. After discussion, motion was made by Commissioner
Raschein and seconded by Commissioner Lincoln granting approval for the County Attorney to
use his best judgement to determine if the County should appear as an amicus, itself, or with a
combination of Keys municipalities and/or other local governments to advise the Supreme Court
in this case. Motion carried unanimously.
PUBLIC HEARINGS
P1 A Public Hearing was held to consider approval of an Ordinance updating the Five-Year
Schedule of Capital Improvements Table for Fiscal Years 2023-2027, located within the Capital
Improvements Element of the Monroe County Year 2030 Comprehensive Plan,pursuant to
Florida Statutes Section 163.3177(3). There was no public input. Motion was made by
Commissioner Lincoln and seconded by Commissioner Raschein adopting the following
Ordinance. Motion carried unanimously.
ORDINANCE NO. 002-2023
Said Ordinance is incorporated herein by reference.
P2 A Public Hearing was held to consider approval of a Resolution for a 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 Lincoln adopting the
following Resolution. Motion carried unanimously.
RESOLUTION NO. 059-2023
Said Resolution is incorporated herein by reference.
P3 A Public Hearing was held to consider approval of a Resolution for a Budget Amendment
for Fiscal Year 2023 for the Unincorporated Service District Parks & Recreation, Fund 147.
There was no public input. Motion was made by Commissioner Raschein and seconded by
Commissioner Lincoln adopting the following Resolution. Motion carried unanimously.
RESOLUTION NO. 060-2023
Said Resolution is incorporated herein by reference.
COUNTY ATTORNEY
09 Mr. Mercado addressed the Board regarding approval of an Interlocal Agreement(ILA)
between the City of Key West and Monroe County setting forth the terms for the conveyance of
the Hawk Missile Site. After discussion, motion was made by Commissioner Raschein and
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seconded by Commissioner Lincoln approving the item, and to edit the title of the ILA to read
only Hawk Missile Site Interlocal Agreement. Motion carried unanimously.
CLOSED SESSIONS
K1 Mr. Shillinger advised the Board that the Attorney-Client Closed Session in the matter of
Monroe County v. Coher and Coher Invest Co Ltd, Case No. 2018-CA-674-P, is deleted from the
agenda.
K2 Mr. Shillinger announced the Attorney-Client Closed Session in the matter of AshBritt,
Inc. v. Monroe County, Florida and Florida Department of Transportation, Case No. CA-K-17-
802 and 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 Attorneys Cynthia Hall and Christine Limbert-Barrows; and a certified court
reporter.
Commissioner Raschein recused herself from the Closed Session due to a conflict of
interest.
Mayor Cates declared the open session of the meeting closed. After the closed session,
the meeting was re-opened.
COMMISSIONER COMMENTS
Commissioner Raschein acknowledged the appointment of Shannon Weiner, Emergency
Management Director, to the President of Florida Emergency Preparedness Association.
Commissioner Lincoln acknowledged the staff of Representative Gimenez, Senator
Rubio and Senator Scott, who she and Ms. Tennyson were able to meet with while attending the
National Association of Counties Legislative Conference in Washington D.C.
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.
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