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03/22/2023 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, March 22, 2023 Key Largo, Florida& Via Communication Media Technology A regular meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. at the Murray Nelson Government Center in Key Largo and via Communication Media Technology. Present and answering to roll call were Commissioner Michelle Lincoln, Commissioner Holly Raschein, Commissioner David Rice, Commissioner Jim 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. BULK APPROVALS Motion was made by Commissioner Cates and seconded by Commissioner Scholl granting approval of the following items by unanimous consent: C1 Board granted approval and authorized execution of a Contract with Bender& Associates Architects, P.A., in the amount of$231,172.00, in response to the Request for Qualifications (RFQ) for Professional Architectural and Engineering Services Facility Assessment and Design of the Jefferson Browne Redevelopment Project. Bender& Associates Architects, P.A. was the only proposer on the RFQ issued July 19, 2022, and a contract has been negotiated. The project is funded by One Cent Infrastructure Sales Surtax Fund. C2 Board granted approval and authorized execution of a 2nd Amendment to the Lease Agreement with UH US Big Pine Key 2019, LLC, to extend the lease for one optional four-year renewal term. This lease is for the District 2 County Commissioner's office at Unit B-2 at the Big Pine Key Shopping Center. C3 Board granted approval to advertise a Request for Proposals for installation of Fire Hydrants in unincorporated Monroe County. Page 11 03/22/2023 C4 Board granted approval of the Library Long-Range Plan of Service, 2023-2028, as part of the annual State Aid to Libraries Grant application. C6 Board granted approval of the Monroe County Length of Service Award Program (LOSAP) Actuarial Valuation Report for the Plan Year 2022 and $0 transfer of funds for Plan Year 2022 into the LOSAP Trust Fund. C7 Board granted approval to advertise a Request for Proposals for Emergency Management Consulting Services, which may include emergency management and disaster recovery services, continuity of operations, and continuity of government planning, all hazard training,planning and preparedness, incident management support teams, technical, administrative and training support to assist the county with damage assessments and disaster recovery project estimation. C8 Board granted approval and authorized execution of a 2nd Amendment to the Contract with Ralons Security LLC,providing a one-year final extension through April 18, 2024. C9 Board granted approval and authorized execution of a renewal of a Class A Certificate of Public Convenience and Necessity to the City of Marathon Fire Rescue for the operation of an Advanced Life Support transport ambulance service for the period April 15, 2023 through April 14, 2025. C10 Board granted approval to terminate the Agreement with Sea Tech of the Florida Keys, Inc. for the Veteran's Memorial Park Restroom Repairs Project for convenience. C11 Board granted approval and authorized execution of an Agreement with Kanopy, Inc. to provide streaming digital video content to library patrons. C13 Board granted approval to advertise a Request for Proposals for installation of new fencing around the Harry Harris Park Ballfields. C14 Board granted approval and authorized execution of a Contract with General Asphalt Company, Inc., in the amount of$2,069,431.24, for the resurfacing of Card Sound Road from the east end of Card Sound Bridge to the intersection of County Road 905. This contract is partially funded by a Small County Outreach Program Grant through the Florida Department of Transportation. C15 Board granted approval to award bid and authorized execution of a Contract with The Stout Group, LLC, the lowest responsive bidder for the Key Deer Boulevard Roadway Repairs Project in Big Pine Key, in the amount of$1,834,110.00. C16 Board granted approval and authorized execution of a 1st Task Order with HDR Engineering, Inc., in the amount of$82,472.00, for a drainage study for the 1st Street(Key West) gravity drainage system to develop a conceptual plan and timeline for the addition of a pump station to the existing system. This task order is issued under the On Call Continuing Services Contract with HDR Engineering, Inc. Page 12 03/22/2023 C17 Board granted approval of the addition of a full-time equivalent position for the Engineering Services Department to be classified as a Senior Project Manager. Engineering Services is anticipating increased project workload from Sea Level Rise Adaptation Projects that have been submitted for various grant programs. C18 Board granted approval and authorized execution of a 1st Amendment to the Agreement with Bender& Associates Architects, P.A., in the amount of$1,140,607.00 for Architecture and Engineering Services for the Wind Retrofit Project. This amendment adds additional services to the contract in the amount of$153,349.00, increasing the total contract amount to $1,293,956.00. The project is funded by a Florida Department of Emergency Management—Hazard Mitigation Grant Program Grant(75%) and local match (25%). County portion will be paid by One Cent Infrastructure Sales Surtax. C19 Board granted approval of a 1st Renewal of the Agreement with Life Extension Clinics Inc., which extends the term of the original agreement for annual physical examinations through December 31, 2024 for Fire Rescue personnel; and granted approval for the Fire Chief to execute all necessary documents. C20 Board accepted the Report of monthly Change Orders for the month of February 2023, reviewed by the County Administrator/Assistant County Administrator. Said report is incorporated herein by reference. C21 Board granted approval to advertise a Public Hearing to consider adoption of an Ordinance revising Article III Officers and Employees, Section 2-58 County Administration; revising Article VI Purchasing and Contracts, Section 3-246 Definitions, Section 2-347 Competitive Bidding Procedures, and Section 2-348 Change Orders to Contracts;providing for an increase in the County Administrator's signatory authority; providing for an increase in the amount of goods and service subject to competitive solicitation;providing for an increase in change orders authorized by the County Administrator;providing for severability; providing for repeal of all ordinances inconsistent herewith and providing for an effective date. C23 Board granted approval to waive Monroe County Purchasing Policy and authorized execution of an Agreement with Bonfire which acquired DemandStar, the current procurement platform used to advertise competitive bid solicitations. C24 Board granted approval and authorized execution of a Task Order with CPH, LLC., in the amount of$138,675.00, to design the hardening of the Tavernier Fire Station. The project is funded by a Community Development Block Grant Mitigation Program Grant Agreement with no match required. C25 Board granted approval and authorized execution of a Task Order with Bender& Associates Architects, P.A., in the amount of$84,700.00, for Architecture and Engineering Services related to the Historic Monroe County Courthouse Exterior Masonry Restoration Project, funded by a Division of Historic Resources Special Category Grant, with a 50% County match. Page 13 03/22/2023 C26 Board granted approval and authorized execution of a Change Order to the Contract with D.L. Porter Constructors, Inc., removing the Builder's Risk insurance requirement from the contract for construction of the Public Defender's office in Key West. This reduces the contract by $65,000.00. The project's potential for builder's risk losses is considered low and Risk Management concurs. The amount of the policy premium will be held in reserve for any potential claims. C27 Board granted approval to negotiate an Agreement with Matern Professional Engineering, Inc., the highest ranked respondent to the Request for Qualifications for Engineering Design Services of Generators for Critical Facilities; and if negotiations cannot be reached with the highest ranked respondent; granted approval to negotiate with the next highest ranked respondent until successful negotiations are completed. This agreement is funded by a Hazard Mitigation Grant Program. C28 Board adopted the following Resolutions for the Transfer of Funds and the Receipt of Unanticipated Revenue: Transfer of Funds (OMB Schedule Item No. 1). RESOLUTION NO. 095-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 096-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 3). RESOLUTION NO. 097-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 098-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 5). RESOLUTION NO. 099-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 6). RESOLUTION NO. 100-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 7). RESOLUTION NO. 101-2023 Said Resolution is incorporated herein by reference. Page 14 03/22/2023 Transfer of Funds (OMB Schedule Item No. 8). RESOLUTION NO. 102-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 9). RESOLUTION NO. 103-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 104-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO. 105-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 106-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 107-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 108-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 109-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 110-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 111-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 112-2023 Said Resolution is incorporated herein by reference. Page 5 03/22/2023 Transfer of Funds (OMB Schedule Item No. 19). RESOLUTION NO. 113-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 20). RESOLUTION NO. 114-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 115-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO. 116-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO. 117-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 24). RESOLUTION NO. 118-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 25). RESOLUTION NO. 119-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 26). RESOLUTION NO. 120-2023 Said Resolution is incorporated herein by reference. C29 Board granted approval and authorized execution of a 2nd Amendment to the Agreement with Bender& Associates Architects, P.A., adding the amount of$113,619.00 for Architecture and Engineering Services for the Wind Retrofit Project, and adding the scope to include the clock tower at the Historic Courthouse at Jackson Square. This amendment increases the total contract amount to $1,407,575.00. The project is funded by a Florida Department of Emergency Management- Hazard Mitigation Grant Program Grant, with a 25% local match. C30 Board granted approval to advertise a Request for Proposals for Food/Beverage Concession Services at Higgs Beach, at the location currently known as Salute, with certain conditions due to federal grant issues; and granted approval for staff to undertake steps to resolve those grant issues. Page 16 03/22/2023 C31 Board granted approval and authorized execution of an annual Lease Agreement with the Monroe County Sheriff's Office to provide 320 square feet of office space at the Murray E. Nelson Government and Cultural Center in Key Largo, Florida. C32 Board granted approval of a waiver of the Monroe County Purchasing Policy to allow Air Mechanical & Service Corp. to perform critical repairs under its current contract, replacing a mag bearing compressor on the Daiken Chiller at Jackson Square without the necessity for seeking competitive bids. American Rescue Plan funding will be utilized for these repairs, in the amount of$103,276.57. C33 Board granted approval of a waiver of the Purchasing Policy to allow Siemens Industry, Inc., as a sole source provider for testing, certification, and maintenance of Fire Alarm, Smoke Control, and Building Automation Systems in Monroe County facilities, to perform under its current contract to provide control upgrades on certain equipment at Jackson Square and Key West Library. American Rescue Plan Act funding will be utilized for these upgrades. HURRICANE IRMA RECOVERY D1 Board granted approval to advertise for repairs to the Rock Harbor Breakwater in Rock Harbor in Key Largo, funded by Department of Housing and Urban Development pass-through Community Development Block Grant—Mitigation Program Grant No. IR036 from the Florida Department of Economic Opportunity. D2 Board granted approval to solicit for the Tavernier Breakwater Repairs, funded by Department of Housing and Urban Development pass-through Community Development Block Grant—Mitigation Program Grant No. IR045 from the Florida Department of Economic Opportunity. TOURIST DEVELOPMENT COUNCIL El Board granted approval and authorized execution of a 1st Amendment to the Agreement with the City of Key West to extend the agreement for the Mallory Square Public Restrooms Project to March 31, 2024. E2 Board granted approval and authorized execution of a 2nd Amendment to the Agreement with the City of Key West to extend the agreement for the Mallory Square Sunshade Project to March 31, 2024. E3 Board granted approval to rescind the Agreement with Monroe Association for Remarkable Citizens, Inc. for the Master Chef Classic event at the request of the grantee due to the event being cancelled. E4 Announcement of one vacant position on the Tourist Development Council District I Advisory Committee for one "At Large" appointment and one vacant position on the Tourist Development Council District V Advisory Committee for one "At Large" appointment. Page 17 03/22/2023 COUNTY LAND ACQUISITION AND LAND MANAGEMENT G1 Board granted approval and authorized execution of a Contract to purchase a Less Than Fee Interest in Block 30, Lots 6, 7, and 8, Sands Subdivision on Big Pine Key near mile marker 31, from Ronald E. Garwood, Jr., for density reduction purposes for the price of$22,500.00. AIRPORTS J1 Board granted approval to advertise a competitive solicitation for Key West International Airport Runway Repair Project; and granted approval to reduce the advertisement period from 45 days to 30 days to accommodate the Federal Aviation Administration Grant application deadline for Fiscal Year 2023. J2 Board granted approval of a Sponsorship Contract with Race World Offshore, LLC in the amount of$7,500.00 for Key West International Airport to sponsor the Inaugural Race World Offshore 7-Mile Offshore Grand Prix powerboat races in Marathon, Florida, under Airport promotional sponsorships Resolution No. 123-2021. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS K1 Board granted approval to negotiate a Contract with AECOM Technical Services, Inc. for Professional Transportation Planning Services to perform the biennial Travel Time and Delay Study for the US 1 Corridor and for general transportation planning assistance. The selection is based on the ranking of the responses received on January 18, 2023, in response to the Request for Qualifications, and if unable to negotiate successfully with AECOM, granted approval to negotiate with the next highest ranked firm and each successive firm until an agreement is reached. K4 Board adopted the following Resolution to prioritize the transportation alternatives applications submitted for the Florida Department of Transportation (FDOT) - 2023 Transportation Alternatives Grant Program for projects to be funded in the Fiscal Year 2023 FDOT Work Plan. RESOLUTION NO. 092-2023 Said Resolution is incorporated herein by reference. K6 Board granted approval of the selection of nine Marine Contractors, including ACT Environmental & Infrastructure, Inc., Adventure Environmental, Inc., Arnold's Auto & Marine Repair, Inc., ASAP, Inc., Coffin Marine Services, Inc., DRC Emergency Services, Hutchings and Sons, Inc., Kearns Construction Company, and Key West Harbor Services, Inc., to perform removal, refloating and/or demolition and disposal of derelict vessels, floating structures, and marine debris in Monroe County. Page 18 03/22/2023 COMMISSIONER'S ITEMS M1 Board granted approval of Commissioner Raschein's reappointment of James "Doc" Boilini to the Parks & Recreation Advisory Board, for a term to expire March 22, 2027. M2 Board granted approval of Commissioner Raschein's reappointment of Kate DeLoach to the Library Advisory Board, for a term to expire March 22, 2027. M3 Board granted approval of Commissioner Raschein's reappointment of Laura Lietaert to the Human Services Advisory Board, for a 2-year term, to expire February 19, 2025. M4 Board granted approval of Commissioner Lincoln's reappointment of Joseph Scarpelli to the Affordable Housing Advisory Committee, for a term to expire November 22, 2026. M5 Board granted approval of Commissioner Lincoln's reappointment of Christine Todd Young to the Affordable Housing Committee, for a term to expire November 22, 2026. M6 Board granted approval of Commissioner Lincoln's reappointment of Douglas Mader to the Affordable Housing Committee, for a term to expire November 22, 2026. M7 Board granted approval of Commissioner Lincoln's reappointment of Tiffany Moore to the Library Advisory Board, for a term to expire March 22, 2027. M8 Board adopted the following Resolution in support of the continued National Security Operations at the Homestead Air Reserve Base and securing the next generation of F-35 Fighter Jets after the F-16's are phased out. RESOLUTION NO. 094-2023 Said Resolution is incorporated herein by reference. M9 Board granted approval of Commissioner Scholl's reappointment of Alexsandra Leto to the Shared Asset Forfeiture Fund Advisory Board, for a term to expire March 22, 2025. M10 Board adopted the following Resolution to authorize the expenditure of up to $49,999.99 in Tourist Development Tax Revenues to fund the commissioning of the Lenah Sutcliffe Higbee DDG 123 event on May 13, 2023, on the Mole Pier in Key West, Florida. RESOLUTION NO. 121-2023 Said Resolution is incorporated herein by reference. M11 Board granted approval of Commissioner Rice's reappointment of Catherine Felton to the Affordable Housing Advisory Committee, for a term to expire November 20, 2026. M12 Board granted approval of Commissioner Rice's reappointment of Jon Porter to the Duck Key Security District Advisory Board, for a term to expire April 15, 2026. Page 19 03/22/2023 M13 Board granted approval of Mayor Cate's reappointment of Lauren Talbott Steele to the Library Advisory Board, for a term to expire March 22, 2027. COUNTY CLERK N1 Board granted approval of the minutes from the December 7, 2022 regular meeting. Said minutes are incorporated herein by reference. N2 Board granted approval to remove equipment from inventory that was traded in and used as a credit against purchase of updated model. Said inventory is incorporated herein by reference. N3 Board granted approval of Tourist Development Council expenses for the month of February 2023, as follows: Vendor Amount Advertising $3,747,452.02 Bricks & Mortar Projects $396,579.22 Events $144,460.71 Office Supplies & Operating Costs $28,677.09 Personnel Services $0.00 Public Relations $105,521.45 Sales & Marketing $150,735.54 Telephone &Utilities $20,501.52 Travel $21,728.60 Visitor Information Services $83,704.33 N4 Board granted approval of BOCC Warrants 10115341-10116696 (AP); 29042-29176 (WC); all payroll direct deposited to employee's bank accounts for the month of February 2023, as follows: Fund Fund Title Amount 001 General Fund $6,293,693.30 101 Fine & Forfeiture $5,377,789.18 102 Road/Bridges $334,352.18 104 Middle Keys Health Care MSTU $611,717.99 115 Tourist Development Council-Two Penn $241,199.61 116 TDC - Admin Promo 2 Cent $911,468.96 117 TDC - District 1 Third Cent $1,405,909.02 118 TDC - District 2 Third Cent $273,917.81 119 TDC - District 3 Third Cent $340,707.82 120 TDC - District 4 Third Cent $234,365.80 121 TDC - District 5 Third Cent $454,718.68 125 Grant Fund $1,538,480.51 Page 10 03/22/2023 Fund Fund Title Amount 130 Impact Fees/Roadways $855.00 131 Impact Fees/Parks $4,977.68 141 Fire/Ambulance $881,591.56 147 Unincorporated Service $333,575.15 148 Planning Building $559,212.02 149 Municipal Policing $725,779.49 150 E911 Enhancement Fund $40,962.10 152 Duck Key Security $9,719.19 153 Local Housing Assistance $180,522.58 157 Boating Improvement Fund $87,302.40 158 Miscellaneous Special Revenue Fund $78,908.71 160 Environmental Restoration $26,789.11 163 Court Facilities $10,076.18 177 Canal 4266 MSBU $538.31 180 Building Funds $381,562.81 304 1 Cent Infrastructure $1,641,142.89 312 CudJoe Regional WW Project $8,380.56 314 Series 2014 Revenue Bonds $95,862.28 316 Land Acquisition $4,295.00 401 Card Sound Bride $29,005.20 403 Marathon Airport $1,235,177.22 404 Key West Intl Airport $3,666,098.07 405 Key West International Airport Series 2022 $1,740,104.92 Revenue Bonds 406 PFC & Operating Restrictions $126,418.09 414 MSD Solid Waste $1,798,477.75 501 Workers' Compensation $285,252.08 502 1 Group Insurance Fund $1,782,571.66 503 Risk Management Fund $92,592.19 504 Fleet Management Fund $344,435.61 610 Fire/EMS LOSAP Trust Fund $5,610.00 COUNTY ADMINISTRATOR 01 Board accepted the County Administrator's monthly report for March 2023. Said report is incorporated herein by reference. 03 Board granted approval to reject bids and readvertise for the Canal 90 Backfill Restoration Project in Tavernier, funded by Florida Department of Environmental Protection Stewardship Grant No. LPA0241. Page 111 03/22/2023 04 Board granted approval to advertise a Request for Proposals to construct an injection well on Canal 278 in Eden Pines in Big Pine Key as part of the County's Canal Restoration Program, funded by Florida Department of Environmental Protection Grant No. LPA0428. 05 Board granted approval to advertise a Request for Proposals to construct an injection well on Canal 58 in Key Largo as part of the County's Canal Restoration Program, funded by Florida Department of Environmental Protection Grant No. LPA0428. 06 Board granted approval and authorized execution of a 3rd Task Order with WSP USA Environment& Infrastructure Solutions, Inc., in the amount of$50,000.00, to develop a Resilience and Adaptation Plan for Pigeon Key under the Category C On-Call Resilience and Environmental Engineering Services contract, funded by Department of Economic Opportunity Grant No. P0467. 07 Board granted approval and authorized execution of a 2nd Task Order to the Contract with WSP USA Environment& Infrastructure Solutions, Inc., in the amount of$150,000.00, under the Category C On-Call Resilience and Environmental Engineering Services contract to develop a Natural Resources Adaptation Plan, funded 50%by Florida Department of Environmental Protection Grant No. 22PLN67 and 50%by budgeted funds. 08 Board granted approval and authorized execution of a Contract with Government Services Group, Inc., in the amount of$28,000.00, to provide professional services to assist the County in setting up the special assessments to fund operations and maintenance of the air curtains to be installed as part of the Tavernier and Rock Harbor Breakwater Repair Projects, specifically for Canal 105 in Tavernier and Canals 82, 83 and 84 in Rock Harbor, retroactive to January 1, 2023. Assessments will be collected beginning in November 2023. COUNTY ATTORNEY P4 Board granted approval to initiate litigation against Leonel Perez & Maria C. Perez and their properties, 15 Blue Water Drive and 16 Blue Water Drive, Saddlebunch Key, Florida, to seek compliance with the County Code and enforce the lien(s) arising from Code Compliance Case Nos. CE20110054 and CE20110055. P5 Board granted approval to initiate litigation against John F. Gillen, Carol Gillen, Lawrence J. Hogan & Joanne M. Hogan and their property, 159 Florida Avenue, Tavernier, Florida, to seek compliance with the County Code and enforce the lien(s) arising from Code Compliance Case No. CE19080104. P6 Board granted approval of a Settlement Agreement in the personal injury case of Tommy Alfonso on behalf of minor T.A. v. Monroe County, 16th Judicial Circuit Case No. 22-CA-108-K; and granted approval for the County Attorney to sign all necessary documents. Page 112 03/22/2023 FACILITIES T1 Board granted approval and authorized execution of a 4th Amendment with Maverick United Elevator, LLC, to update certain provisions. FLEET MANAGEMENT T2 Board granted approval and authorized execution of a 3rd Amendment to the Contract with Synovia Solutions, LLC for fleet vehicle tracking and monitoring, for 441 units. This amendment extends the agreement for one year retroactively to June 5, 2022 at a cost of $128,376.00 and replaces 3rd generation devices with 4th generation devices and combines and renews previous agreements in one contract. The contract is funded by the Fleet budget. FACILITIES T3 Board granted approval and authorized execution of a 5th Amendment to the Agreement with Sub-Zero, Inc., for Lower Keys HVAC Maintenance to add or update certain contract provisions. Funding is Ad Valorem. T4 Board granted approval and authorized execution of a 4th Amendment to the Agreement with Air Mechanical & Service Corp. for Chiller Maintenance and Service in Monroe County to update contract provisions. T5 Board granted approval and authorized execution of a 2nd Amendment to the Agreement with Siemens Industry, Inc., a sole source provider, to add or update certain federal provisions. COUNTY ATTORNEY T6 Board granted approval and authorized execution of a Revised Interlocal Agreement (ILA)with the City of Key West setting forth the terms for the conveyance of the Hawk Missile Site from the City of Key West to Monroe County; and granted approval to rescind the ILA approved at the February 15, 2023 regular meeting, agenda item 09. FACILITIES T7 Board granted approval and authorized execution of a 1st Amendment to the Agreement with Tower Pest Control, Inc., for Lower Keys Pest Control services at County facilities to terminate one location and add Parks & Beaches locations which increases the annual, not to exceed, amount from $29,000.00 to $43,340.00. Funding is Ad Valorem, Parks and Beaches Fund 147, and from the Tourist Development Council. COUNTY ADMINISTRATOR T8 Board granted approval of a Task Order with WSP USA, Inc. in the amount, not to exceed, of$299,970.89, for an Existing Conditions Study which will show exactly where and Page 113 03/22/2023 how transit in Monroe County is currently being utilized. The outcomes will directly lead to the prioritization of how the County will build and operate a future transit system. This task order is being issued under the Continuing Engineering Services Contract. Motion carried unanimously. COUNTY ATTORNEY T9 Bob Shillinger, County Attorney, addressed the Board to request approval and authorize execution of a Settlement Agreement to resolve litigation in the case of AshBritt, Inc. v. Monroe County, 16th Judicial Circuit Case No. 17-CA-802-K, approval to rescind the May 16, 2018 letter terminating the prior contract with AshBritt, Inc. and to grant reinstatement of the AshBritt, Inc. contract dated June 21, 2017; approval exercise of Year 1 and Year 2 options to renew the contract through August 1, 2023; approval to issue a new Request for Proposals for disaster recovery and response services including debris collection with the goal of having new contract(s) in place with debris vendors with an effective date of August 1, 2023. Motion was made by Commissioner Lincoln and seconded by Commissioner Scholl to approve the item. Roll call vote carried unanimously with Commissioner Raschein abstaining due to conflict. Mr. Shillinger advised the Board that Closed Session item L1 could be removed from the agenda with the passage of this Settlement Agreement, and that Closed Session item L2 could also be removed from the agenda. MISCELLANEOUS BULK ITEM C34 Kevin Wilson, Assistant County Administrator, addressed the Board regarding approval of a Lease with UH US Big Pine Key 2019 LLC. for a 2,422 square foot space at the Big Pine Key Shopping Center(Units C1-3) for use as a senior community center and meal site. The rent is $57,600.00 per year. The initial term is five years with an option to renew. The following individuals addressed the Board: Dale Shoemocker; John Jochem; John Stricklett; Cynthia Dresow; and John (Jack) Terry. After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Scholl to approve the item. Motion carried unanimously. The Board of County Commissioners meeting adjourned for the Board of Governors, Fire & Ambulance District 1, meeting. FIRE &AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The Board of Governors for the Fire & Ambulance District 1 convened. Present and answering to roll call were Mayor Craig Cates, Commissioner Holly Raschein, Commissioner David Rice, Councilman Greg Lewis, and Mayor Bruce Halle. Il Motion was made by Commissioner Rice and seconded by Mayor Cates granting approval of a 1 st Renewal of the Agreement between Monroe County and Life Extension Clinics Page 114 03/22/2023 Inc., which extends the term of the original Agreement for annual physical examinations through December 31, 2024 for Fire Rescue personnel; and granted approval for the Fire Chief to execute all necessary documents. Motion carried unanimously. 12 Motion was made by Commissioner Raschein and seconded by Commissioner Rice granting approval to advertise a Request for Proposals for Installation of Fire Hydrants. Motion carried unanimously. The Board of Governors, Fire & Ambulance District 1, adjourned. The Board of County Commissioners meeting reconvened with all Commissioners present. MISCELLANEOUS BULK ITEMS C22 The following individual addressed the Board regarding the approval of the Fiscal Year 2024 Budget Timetable: Dottie Moses, representing Island of Key Largo Federation of Homeowner Associations. Kimberly Matthews, Senior Director of Strategic Planning & Libraries, and Jethon Williams 11, TV/Multimedia Manager, addressed the Board. After discussion, motion was made by Commissioner Scholl and seconded by Commissioner Raschein to approve the item. Motion carried unanimously. C5 Bryan Cook, Director of Employee Services, and Tina Boan, Senior Director of Budget & Finance, addressed the Board regarding approval of a Resolution to repeal and replace Resolution 148-2020 regarding compensation for emergency response work. The Board had previously directed that this policy be placed on the agenda for review in odd numbered years following Commissioner elections. After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Raschein to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 122-2023 Said Resolution is incorporated herein by reference. STAFF REPORT F 1 Ed Koconis, Administrative Director—Permitting, gave a Building and Permitting update. COUNTY ATTORNEY P3 Mr. Shillinger addressed the Board regarding a Bay Drive community proposed Amendment to Section 19-1 of the County Code which would permit the abandonment of platted public roads that terminate in water when ownership would ultimately reside in a homeowner's association which would then assume access control and maintenance obligations. The following individuals addressed the Board: Ty Harris, representing Sunset Point and Bay Harbor Homeowner Association; Michelle Buono, representing Sunset Point Community Association; and Tom Ferguson, representing Bay Harbor Association. The Board took no official action. Page 115 03/22/2023 SOUNDING BOARD R1 Andrew Tobin addressed the Board regarding the proliferation of gas stations and the request to amend the land development regulations. The following individual addressed the Board: Dottie Moses, representing Island of Key Largo Federation of Homeowner Associations. COUNTY ADMINISTRATOR 02 Ms. Boan gave a Power Point Presentation in support of an Agreement with Agustawestland Philadelphia Corporation for the Lease and purchase of three Leonardo helicopters upon finalizing the terms of the agreement with the County Attorney's Office in an amount, not to exceed, $52,000,000.00 for the Trauma Star Air Ambulance Program. Sergio Masvidal, Managing Director of PFM Financial Advisors, LLC, and Sheriff Rick Ramsay addressed the Board. After discussion, motion was made by Commissioner Scholl and seconded by Commissioner Rice to grant approval of the item. Motion carried unanimously. STAFF REPORT T10 Karl Bursa, Senior Floodplain Administrator, gave a Power Point Presentation regarding an update on Floodplain Ordinances. Emily Schemper, Senior Director of Planning and Environmental Resources, addressed the Board. The following individuals addressed the Board: Marlen Weeks, Gay Marie Smith, Alicia Lozano, Ralph Sam, Jamie Engel, Donald Horton; Tom Wright, representing Coldwell Banker Schmitt Real Estate Co.; Claire Johnson, representing Florida Keys Board of Realtors; and Keith Allen. Rick Griffin, Building Official; and Mr. Shillinger addressed the Board. After discussion, motion was made by Commissioner Raschein and seconded by Commissioner Lincoln to adopt the following Resolution, finding that it would be equitable in the best interest of the community to recognize that a seller who sold a property which closed before September 1, 2023 would have a defense of the non-availability of a condition precedent(i.e. the county transfer of ownership inspection)to establish a cause of action for claims brought by a buyer against the seller pursuant to the current Ordinance 026- 2022, and the prior Ordinance 010-2012. Motion carried unanimously. RESOLUTION NO. 093-2023 Said Resolution is incorporated herein by reference. The Board scheduled a Special Floodplain Workshop for Thursday, April 6, 2023 at 10:00 a.m. in Marathon. PUBLIC HEARINGS Q1 A Public Hearing was held to review an application for a waiver of the Inclusionary Workforce Housing requirement for new development at 98300, 98320, 98340, 98360, and Page 116 03/22/2023 98380 Overseas Highway, mile marker 98, Key Largo, and currently having property identification numbers 00520510-000000 through 00520550-000000. Ms. Schemper gave a Power Point Presentation. The following individuals addressed the Board: Gay Marie Smith, representing the applicant; Dottie Moses, representing Last Stand; and Martha Klitzkie, representing Reef Environmental Education Foundation, Inc. (REEF). After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Rice to adopt the following Resolution and reduce the impact fee to $38,964.00. Roll call vote carried unanimously. RESOLUTION NO. 123-2023 Said Resolution is incorporated herein by reference. Q2 A Public Hearing was held 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). There was no public input. Motion was made by Commissioner Lincoln and seconded by Commissioner Raschein to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 003-2023 Said Ordinance is incorporated herein by reference. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS K2 Ms. Schemper gave a Power Point Presentation on a request for approval of a Resolution setting the time, date, and place for a Public Hearing to review an application from My Family Trust 12/4/2012 C/O Sam Stoia, for the County to voluntarily renounce, vacate, and abandon any right of the public or Monroe County to a middle portion of the East Second Street public right- of-way, as shown on the Key Largo Plat of Mandalay, Plat Book 1, Page 194, of the Official Records of Monroe County, Florida. Mr. Shillinger addressed the Board. After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Rice to deny the item. Motion carried unanimously. Ms. Schemper addressed the Board concerning the following two items, K3 and K5: K3 Consideration of a request for approval of a resolution setting the time, date, and place for a Public Hearing to consider an application from Michelle Espinosa on behalf of Romy Properties, LLC, a for-profit limited liability company, for the County to voluntarily renounce, vacate, and abandon a portion of the Santa Anita Lane public right-of-way, as shown on the Key Largo Plat of Cross Key Waterway Estates Section Three, Plat Book 6, Page 61, of the Official Records of Monroe County, Florida. K5 Consideration of a request for approval of a resolution setting the time, date, and place for a Public Hearing to consider an application from Jackie Valledor on behalf of NVJ Multiservices, Inc., a for-profit corporation, for the County to voluntarily renounce, vacate, and Page 117 03/22/2023 abandon a portion of a public right-of-way connected to Lime Drive, as shown on the Key Largo Plat of Pamela Villa, Plat Book 3, Page 125, of the Official Records of Monroe County, Florida. The following individual addressed the Board: Jackie Valledor, applicant for item K5. After discussion, motion was made by Commissioner Raschein and seconded by Commissioner Lincoln to adopt the following Resolutions: K3 Resolution setting the time, date, and place for a Public Hearing to consider an application from Michelle Espinosa on behalf of Romy Properties, LLC, a for-profit limited liability company, for the County to voluntarily renounce, vacate, and abandon a portion of the Santa Anita Lane public right-of-way, as shown on the Key Largo Plat of Cross Key Waterway Estates Section Three, Plat Book 6, Page 61, of the Official Records of Monroe County, Florida. RESOLUTION NO. 124-2023 Said Resolution is incorporated herein by reference. K5 Resolution setting the time, date, and place for a Public Hearing to consider an application from Jackie Valledor on behalf of NVJ Multiservices, Inc., a for-profit corporation, for the County to voluntarily renounce, vacate, and abandon a portion of a public right-of-way connected to Lime Drive, as shown on the Key Largo Plat of Pamela Villa, Plat Book 3, Page 125, of the Official Records of Monroe County, Florida. RESOLUTION NO. 125-2023 Said Resolution is incorporated herein by reference. Motion carried unanimously. COUNTY ATTORNEY P1 Mr. Shillinger referred the Board to the County Attorney Report for March 2023. Said report is incorporated herein by reference. Mr. Shillinger advised the Board that he will advertise a Public Hearing on an ordinance to adopt rules for park usage at the Hawk Missile Site, regarding the approval of the City of Key West Revised Interlocal Agreement approved under Item T6. Mr. Shillinger requested to hold an Attorney-Client Closed Session in the matter of Galleon Bay v. Monroe County et al, Case No. 02-CA-595-K, and read the required language into the record. Motion was made by Commissioner Scholl and seconded by Commissioner Raschein granting approval to hold the closed session at the April 19, 2023 BOCC regular meeting in Marathon, Florida, at 9:00 a.m. or as soon thereafter as the matter may be heard. Motion carried unanimously. Page 118 03/22/2023 Mr. Shillinger addressed the Board regarding Mr. Andrew Tobin's gas station concerns, and advised the Board that he would put a discussion item on the April 19, 2023 regular meeting agenda regarding gas stations. P2 Mr. Shillinger requested to hold an Attorney-Client Closed Session in the matter of Monroe County, Florida v. Elizabeth Delgado, 22-CA-203-P, and read the required language into the record. Motion was made by Commissioner Raschein and seconded by Commissioner Lincoln granting approval to hold the closed session at the April 19, 2023 BOCC regular meeting in Marathon, Florida, at 9:00 a.m. or as soon thereafter as the matter may be heard. Motion carried unanimously. P7 Mr. Shillinger requested to hold an Attorney-Client Closed Session in the matter of Mark Thompson v. Monroe County and City ofKey West, 16th Judicial Circuit Case No. 22-CA-113- K, and read the required language into the record. Motion was made by Commissioner Scholl and seconded by Commissioner Rice granting approval to hold the closed session at the April 19, 2023 BOCC regular in Marathon, Florida, at 9:00 a.m. or as soon thereafter as the matter may be heard. Motion carried unanimously. COMMISSIONER COMMENTS Commissioner Rice addressed the Board regarding the Hurricane Evacuation Study which is due to be completed this year. Ms. Schemper addressed the Board. Commissioner Lincoln addressed the Board regarding Monroe County's 200th Anniversary celebration. Ms. Matthews addressed the Board. Mayor Cates acknowledged Shannon Weiner, Emergency Management Director, who is hosting the U.S. Coast Guard and other municipalities to address a policy for emergency evacuation of liveaboards. 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 119 03/22/2023