07/19/2023 Regular MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, July 19, 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 David
Rice, Commissioner Jim Scholl, and Mayor Pro Tem Holly Raschein. Mayor Craig Cates was
absent from the meeting. Also present at the meeting were Roman Gastesi, County
Administrator; Bob Shillinger, County Attorney; 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 Scholl and seconded by Commissioner Lincoln
granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
B1 Presentation of Years of Service Award in recognition of 15 years of service to Tina
LoSacco, Senior Engineering Technician, Wastewater.
B2 Presentation to Executive Aides, Jen Garcia, and Corie Abel, in recognition of their
successful completion and graduation from the Florida Association of Counties, County
Government Education Program.
TAX COLLECTOR
C1 Motion was made by Commissioner Rice and seconded by Commissioner Lincoln
granting approval to extend the 2023 Tax Roll and allow the Tax Collector to mail bills prior to
completion of the Value Adjustment Board Hearings. Motion carried unanimously.
BULK APPROVALS
Motion was made by Commissioner Rice and seconded by Commissioner Lincoln
granting approval of the following items by unanimous consent:
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D1 Board granted approval and authorized execution of a Change Order with Pedro Falcon
Contractors, Inc., for the Rockland Key Temporary Fleet Garage Buildout Project. This no-cost
time extension is for an additional 409 days to be added to the contract as a result of supply chain
issues. While the project was substantially complete in April 2022, an exhaust fan control panel
was on backorder for over a year and the project could not be fully complete and closed out until
that part was received and installed.
D2 Board granted approval and authorized the execution of a Class A and Class B Certificate
of Public Convenience and Necessity to Elite Medical Transport Inc. for the operation of an
Advanced Life Support and Basic Life Support Transport Service, as well as a Non-Emergency
Transport Service, for the period July 22, 2023 through July 21, 2025, for responding to requests
for inter-facility transports. Elite Medical Transport Inc. is not permitted to perform 911
emergency response work in Monroe County.
D3 Board granted approval and authorized the execution of a Class A Certificate of Public
Convenience and Necessity to National Health Transport, Inc., for the operation of an Advanced
Life Support Inter-Facility Transport Ambulance Service for the period August 17, 2023 through
August 16, 2025. National Health Transport, Inc. is not permitted to perform 911 emergency
response work in Monroe County.
D4 Board granted approval to award bid and authorized execution of a Lease Agreement
with 1000 Atlantic Blvd. LLC for the food/beverage concession services at Higgs Beach in Key
West.
D5 Board adopted the following Resolution approving a Florida Department of
Transportation (FDOT), Local Agency Program Grant Agreement for the Crane Boulevard
Shared Use Path (Upper Sugarloaf Key)Project for engineering design and permitting, in the
amount of$489,621.00. The project is federally funded by FDOT through the Federal Highway
Administration.
RESOLUTION NO. 250-2023
Said Resolution is incorporated herein by reference.
D6 Board granted approval to reject bids received on April 6, 2023 for the January 25, 2023
solicitation for construction bids for the Sands Subdivision Sea Level Rise Pilot Project.
D7 Board granted approval to terminate negotiations with HDR Construction Control
Corporation, the highest ranked respondent for Construction Engineering and Inspection
Services for the Sands Subdivision Sea Level Rise Pilot Project.
D8 Board granted approval and authorized execution of a Urban Area Security Initiative
Fiscal Year 2022 Memorandum of Agreement(MOA) with the City of Miami, concerning a
United States Department of Homeland Security, Office of Grants and Training Grant, through
the State of Florida Division of Emergency Management Sub-Grant Agreement No. R0588, in
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the amount of$264,836.00, with no county match required; and authorized the County
Administrator or designee to execute any additional documentation related to this MOA.
D9 Board granted approval of the Monroe County Designated Receiving System Plan for
2023-2026 as presented by South Florida Behavioral Health Network, d/b/a Thriving Mind
South Florida, the designated Managing Entity for Monroe County and Miami/Dade County, for
a centralized receiving system for Monroe County as required by Senate Bill 12, Chapter
2016-241.
D10 Board granted approval of a Memorandum of Agreement with the NOAA/National
Weather Service Office, Key West, regarding the transmission of certain public emergency
messages via the Emergency Alert System; and authorized the Director of Emergency
Management to execute this agreement and related documentation.
D11 Board granted approval and authorized execution of a 4th Amendment to the Agreement
with Advance Water Technology, Corp. to renew the Chemical Water Testing and Treatment
Services Contract for the fourth renewal of one year and apply a CPI-U increase of 6.5%. The
new monthly payment amount is $1,534.48. Funding is Ad Valorem.
D12 Board granted approval and authorized execution of a Small County Outreach Program
Grant Supplemental Agreement with Florida Department of Transportation for the inclusion of
Construction Engineering and Inspection Services in the state funding for resurfacing of Card
Sound Road from the East end of Card Sound Bridge to the intersection of County Road 905.
D13 Board granted approval to advertise a Request for Qualifications or Request for Proposals
for supplemental staffing for the Project Management Department to assist with managing
construction projects on an as-needed basis.
D14 Board granted approval and authorized execution of the 1st Extension and Amendment to
the Toll System Maintenance Agreement with TransCore, LP for 24-hour tolling system
monitoring, routine preventative maintenance and software and hardware warranty coverage for
the Card Sound Toll All Electronic Tolling System. The first-year annual cost is $176,437.64
and an annual 3% escalation each year thereafter for a total cost of$936,731.39 for the five-year
term from October 1, 2023 through September 30, 2028.
D15 Board granted approval to close obsolete Wastewater Ad Valorem Funds 176, Duck Key
Municipal Service Taxing Unit(MSTU); 175, Long Key Layton MSTU; 174, Conch Key
MSTU; 171, Stock Island MSTU; 170, Key Largo MSTU; 169, Big Coppitt; 168, Bay Point
MSTU; 166, Marathon MSTU; and unneeded capital project funds 310, Big Coppitt Wastewater;
311 Duck Key Wastewater; 312, Cudjoe Regional Wastewater; 315, Long Key Wastewater, and
request that the Clerk of the Court transfer the remaining residual funds to Fund 304, Once Cent
Infrastructure Sales Surtax.
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D16 Board granted approval to ratify Alzheimer's Disease Initiative Program (ADI) Contract
No. KZ-2397 between the Alliance for Aging, Inc., and Monroe County/Monroe County Social
Services/In-Home Services for the contract year 2023-2024, July 1, 2023 through June 30, 2024,
in the amount of$60,634.56.
D17 Board granted approval and authorized execution of a Task Order with Kisinger Campo
& Associates, Corp. (KCA) in the amount, not to exceed, of$152,904.00 for Engineering
Services to assess the condition of Monroe County bridges and provide updated repair and/or
replacement cost estimates and a prioritization schedule for the proposed work. This task order is
being awarded under the On Call Contract for Professional Services. The task order is being
awarded to KCA out of the usual rotation order due to KCA's expertise with bridge engineering
and their familiarity with Monroe County bridges.
D18 Board granted approval and authorized execution of the Fiscal Year 2024 Exhibit A to
the Memorandum of Understanding (MOU) with University of Florida, Monroe County
Extension, including salary and fringe benefits, in the amount of$126,840.14 for three FTE
Extension faculty, scheduled from October 1, 2023 through September 30, 2024. The MOU with
University of Florida is effective October 1, 2021 through September 30, 2024.
D19 Board granted approval and authorized execution of an Agreement with Tranquility Bay
Adult Day Care (Key Largo) to continue to provide Facility-Based Respite Services to elderly
and disabled citizens residing throughout Monroe County, for the contract period of July 1, 2023
through June 30, 2024.
D21 Board granted approval and authorized execution of a 2nd Amendment to the Pharmacy
Benefit Management Services Agreement with Capital Rx, Inc., to provide Pharmacy Benefits
Management Services and an Employer Group Waiver Program for employees, retirees, and
dependents, to extend the term of the Agreement to cover January 1, 2024 through December 31,
2026.
D22 Board granted approval and authorized execution of a 4th Amendment to the
Administrative Services Agreement with Florida Blue, in the amount of approximately $4.1
million dollars, and extending the term of the Agreement by five years, to cover January 1, 2024
through December 31, 2028, to continue providing Claims Administration, Case Management
and Utilization Review Services, Disease Management, Network Management, Wellness
Programs and other Related Services to Monroe County.
D24 Board accepted the Report of monthly Change Orders for the month of June 2023,
reviewed by the County Administrator/Assistant County Administrator. Said report is
incorporated herein by reference.
D25 Board granted approval and authorized execution of a Contract with Early Alert Inc., the
top-ranked vendor in response to a Request for Proposals for Emergency Management
Consulting Services; granted approval to negotiate and enter into contracts with the second and
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third ranked vendors if necessary; and authorized the Emergency Management Director or
designee to execute any additional documentation related to the agreement.
D26 Board granted approval to ratify a 2nd Amendment to the Federally Funded Sub-Grant
Umbrella Agreement No. E2012 with the Florida Department of Commerce, formerly known as
Florida Department of Economic Opportunity, to extend the contract period by one additional
year, effective July 1, 2023 through June 30, 2024.
D27 Board granted approval and authorized execution of a Lease Agreement with
Congressman Carlos A. Gimenez for office space, Room 1-213, at the Gato Building in Key
West, at no charge, for a two-year term.
COUNTY LAND ACQUISITION
F 1 Board granted approval and authorized execution of a 14th and 15th Amendment to State
Lands Management Lease No. 4549 between Monroe County and the State of Florida for the
management of certain state-owned conservation lands.
F2 Board granted approval and authorized execution of a Task Assignment No. FK-182 with
the Florida Fish & Wildlife Conservation Commission, to receive funds, in the amount of
$150,000.00, for the County to hire a contracted crew of Invasive Exotic Plant Control
Technicians to treat invasive exotic plants on conservation lands that are owned or managed by
Monroe County.
F3 Board adopted the following Resolution approving the Inventory of Monroe County
Conservation Lands in accordance with Ordinance No. 008-2023.
RESOLUTION NO. 251-2023
Said Resolution is incorporated herein by reference.
F4 Board granted approval and authorized execution of a 2nd Amendment to the Agreement
with Tetra Tech, Inc., increasing the not to exceed amount from $1,100,000.00 to $1,410,000.00,
to utilize the consultant for an additional year which was added to the grant time period by the
Department of Economic Opportunity; and adding new federal contract requirements to the
Agreement for Grant Management Services for the Community Development Block Grant-
Disaster Recovery (CDBG-DR), Voluntary Home Buyout Program funded through CDBG-DR
funds.
F5 Board granted approval and authorized execution of a Contract to purchase a Less Than
Fee Interest in Block 6, Lots 29 and 30, Pine Channel Estates Section Two on Big Pine Key, near
mile marker 29, from Mario E. Jakob and Shelly A. Jakob, as Trustees of the Mario E. Jakob and
Shelly A. Jakob Joint Revocable Living Trust Agreement dated March 22, 2022, for density
reduction purposes, for the price of$99,999.00.
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F6 Board granted approval to submit Hazard Mitigation Grant Program Applications under
Presidential Disaster Declaration for Hurricane Ian, FEMA No. 4673-DR-FL, for Residential
Elevation and Mitigation Reconstruction Projects of approximately 28 privately-owned
properties with an estimated budget, in the amount of$9,450,000.00, with homeowners
providing the local match amount.
F7 Board granted approval to submit Hazard Mitigation Grant Program Applications under
Presidential Disaster Declaration for Hurricane Nicole, FEMA No. 4680-DR-FL, for Residential
Elevation and Mitigation Reconstruction Projects of approximately 34 privately-owned
properties with an estimated budget, in the amount of$10,657,000.00, with homeowners
providing the local match amount.
AIRPORTS
H1 Board granted approval and authorized execution of Task Order No. 2023-36 with Jacobs
Project Management Company, in the amount of$766,984.00, for design,permitting and bidding
of the MTH Relocate Runway 7/25 Project at Florida Keys Marathon International Airport. The
task order is funded by Federal Aviation Administration Grant No. 44-41 (90%), MTH Florida
Department of Transportation Grant No. GI V30 (8%) and MTH Airport Operating Fund 403
(2%).
H2 Board granted approval of Task Order No. 2022-34 with Jacobs Project Management
Company, in the amount of$174,866.00, to update the Airport Layout Plan for Florida Keys
Marathon International Airport. The task order is funded by Federal Aviation Administration
Grant No. 44-42 (90%), MTH Planning Studies Florida Department of Transportation Grant No.
GIQ05 (8%) and MTH Airport Operating Fund 403 (2%).
H3 Board granted approval to ratify Federal Aviation Administration Grant Agreement No.
3-12-0037- 073-2023, as executed by the Executive Director of Airports,providing
$1,613,164.00 in funding to Rehabilitate 730 linear feet of Runway 9/27 at Key West
International Airport. Project costs will be funded with Federal Aviation Administration Grant
No. 37-74 (90%), Florida Department of Transportation Airfield Improvements Grant No.
G2E62 (5%) and Airport Operating Fund 404 (5%).
H4 Board granted approval to ratify Federal Aviation Administration Grant Agreement No.
3-12-0037-074-2023, as executed by the Executive Director of Airports,providing
$2,080,305.00 in funding for Key West International Airport, Concourse A Terminal Building
Construction Phase 3. Project costs will be funded with Federal Aviation Administration Grant
No. 37-74 (90%), Florida Department of Transportation Grant No. G2090 (5%) and Airport
Bond Proceeds (5%).
H5 Board granted approval to ratify a 5th Amendment to State of Florida Department of
Transportation, Public Transportation Grant Agreement No. GIQ04, as executed by the
Executive Director of Airports, adding $150,000.00 in additional funding for Planning
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Studies for Key West International Airport. This grant is funded by the Florida Department of
Transportation (50%) and Airport Operating Fund 404 (50%).
H6 Board granted approval to ratify a 4th Amendment to State of Florida Department of
Transportation Public Transportation, Grant Agreement No. G2090, as executed by the
Executive Director of Airports,providing an additional $9,097,000.00 in funding for the
Concourse A and Terminal Improvements Program at Key West International Airport; and
requires a 50% match from Airport Revenue Bond Fund 405.
H7 Board granted approval and authorized execution of Task Order No. 2022-44 with Jacobs
Project Management Company, for Airport Noise Program Coordinator Services, in the amount
of$1,542,546.00, for Key West International Airport Noise Insulation Program Phase 1 (Final
Design of 17 Single Family Homes and Noise Eligibility Testing and Preliminary Design of 43
Single Family Homes). All project costs to be funded with Federal Aviation Administration
Grant No. 37-77 (90%) and Airport Operating Fund 404 (10%).
H8 Board granted approval and authorized execution of a 2nd Change Order with Charley
Toppino & Sons, Inc. in the amount of$909,480.00 for the Aircraft Overflow Apron &
Mitigation Project at Key West International Airport. Due to unforeseen delays in receiving
permitting, the contractor has incurred additional costs in General Conditions. The change order
will be funded by Florida Department of Transportation Contract No. GIQ91 (50%) and Airport
Operating Fund 404 (50%).
H9 Board granted approval of an exception to the Monroe County Purchasing Policies and
Procedures, on an emergency basis, for Change Orders awarding the Hurricane Ian emergency
repair of the Engineered Material Arresting System bed at Key West International Airport to
Charley Toppino & Sons, Inc. as part of the Commercial Apron Expansion Project.
H10 Board adopted the following Resolution authorizing execution of a 1st Amendment to the
Line of Credit Agreement with PNC Bank, National Association providing interim financing of
various capital improvements at Key West International Airport, to clarify that the Bipartisan
Infrastructure Law (BIL) Competitive Airport Terminal Grant received in Fiscal Year 2023 is
not part of the pledged security under the Credit Agreement, and amending the Credit Agreement
to exclude the proceeds of the Fiscal Year 2023 BIL, Grant from the definition of Grant Proceeds.
RESOLUTION NO. 252-2023
Said Resolution is incorporated herein by reference.
H11 Board granted approval of an exception to the Monroe County Purchasing Policies and
Procedures and granted authorization to issue payment to Charley Toppino & Sons, Inc. in the
amount of$74,995.00 for emergency repairs to Key West International Airport(EYW) Runway
9; to be paid from EYW Airfield Improvements Florida Department of Transportation Grant No.
G2E62 and Airport Operating Fund 404 (50%).
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H12 Board granted approval to award bid and authorized execution of a Contract in the
amount of$1,576,088.00 to Ranger Construction Industries, Inc., the lowest bidder, for the
Runway 9-27 Repair Project at Key West International Airport. The project is funded by Federal
Aviation Administration Grant No. 37-73 (90%), Florida Department of Transportation Grant
No. G1007 and/or G2E62 (5%) and Airport Operating Fund 404 (5%).
PLANNING AND ENVIRONMENTAL RESOURCES,
BUILDING AND CODE COMPLIANCE DEPARTMENTS
I1 Board granted approval and authorized execution of an Inter-Local Agreement between
Monroe County and the City of Key Colony Beach (City), to reimburse the City in an amount of
$3,248.00 from Boating Improvement Funds for costs to be incurred by the City during Fiscal
Year 2024 for regulatory buoy and sign replacement.
I2 Board granted approval and authorized execution of an Inter-Local Agreement between
Monroe County and Islamorada, Village of Islands (Village)reimbursing the Village in an
amount of$14,000.00, from Boating Improvement Funds for costs to be incurred by the Village
during Fiscal Year 2024 for regulatory buoy maintenance.
I3 Board granted approval and authorized execution of a Contract with Coffin Marine
Services, Inc. for Installation and Maintenance of Aids to Navigation and Regulatory Markers in
Monroe County, funded by State Boating Improvement Funds.
I4 Board granted approval and authorized execution of a Contract with ASAP, Inc. for
Installation and Maintenance of Aids to Navigation and Regulatory Markers in Monroe County,
funded by State Boating Improvement Funds.
I5 Board granted approval and authorized execution of a Contract with Live Flyer, Inc. for
Installation and Maintenance of Aids to Navigation and Regulatory Markers in Monroe County,
funded by State Boating Improvement Funds.
I6 Board granted approval and authorized execution of a Contract with American
Underwater Contractors, Inc. for Installation and Maintenance of Aids to Navigation and
Regulatory Markers in Monroe County, funded by State Boating Improvement Funds.
SHERIFF'S OFFICE
K1 Board granted approval and authorized execution of a 1st Addendum to the Florida e911
Region 6 Memorandum of Understanding (MOU), adding Martin and Charlotte Counties as
additional parties to the MOU.
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COMMISSIONER'S ITEM
L2 Board granted approval of Commissioner Rice's appointment of Laurie Keiling to the
Duck Key Security District Advisory Board, replacing Michael Weber, for a full three-year term,
expiring July 19, 2026.
COUNTY CLERK
M1 Board granted approval of the minutes from the March 22, 2023 regular meeting. Said
minutes are incorporated herein by reference.
M2 Board granted approval to remove surplus equipment from inventory via disposal or
advertise for bid. Said list is incorporated herein by reference.
M3 Board granted approval of BOCC Warrants 10120540-10121891 (AP); 29455-29556
(WC); all payroll direct deposited to employee's bank accounts for the month of June 2023, as
follows:
Fund Fund Title Amount
001 General Fund $8,817,227.81
101 Fine & Forfeiture $477,887.28
102 Road/Bridges $255,058.62
115 TDC -Two Penny $1,041,877.07
116 TDC - Admin Promo 2 Cent $1,702,627.16
117 TDC - District 1 Third Cent $1,674,265.03
118 TDC - District 2 Third Cent $561,659.19
119 TDC - District 3 Third Cent $877,240.95
120 TDC - District 4 Third Cent $563,056.64
121 TDC - District 5 Third Cent $965,913.34
125 Grant Fund $1,465,402.03
132 Impact Fees/Library $164,507.49
141 Fire/Ambulance $944,439.76
147 Unincorporated Service $224,115.77
148 Planning Building $555,813.44
149 Municipal Policing $725,779.49
150 E911 Enhancement Fund $40,329.35
152 Duck Key Security $7,956.27
153 Local Housing Assistance $10,186.20
157 Boating Improvement Fund $84,093.93
158 Miscellaneous Special Revenue Fund $152,743.44
160 Environmental Restoration $18,609.07
163 Court Facilities $11,350.42
164 Drug Facilities Fees $1,885.52
177 Canal 4266 MSBU $940.12
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Fund Fund Title Amount
180 Building Funds $428,849.36
304 1 Cent Infrastructure $1,176,672.21
312 Cudjoe Regional WW Project $8,375.60
316 Land Acquisition $126,939.78
401 Card Sound Bride $24,140.26
403 Marathon Airport $2,388,214.04
404 Key West Int'I Airport $3,731,519.13
405 Key West International Airport Series $7,826,008.90
2022 Revenue Bonds
406 PFC & Operating Restrictions $252,556.54
414 MSD Solid Waste $2,535,215.67
501 Workers' Compensation $159,489.14
502 Group Insurance Fund $1,055,357.50
503 Risk Management Fund $3,313,139.53
504 Fleet Management Fund $271,976.84
610 Fire/EMS LOSAP Trust Fund $2,805.00
M4 Board granted approval of Tourist Development Council expenses for the month of June
2023, as follows:
Vendor Amount
Advertising $2,817,215.10
Bricks & Mortar Projects $55,539.50
Events $229,963.86
Office Supplies & Operating Costs $27,789.44
Personnel Services $0.00
Public Relations $200,474.38
Sales & Marketing $126,006.75
Telephone & Utilities $27,078.23
Travel $17,063.23
Visitor Information Services $70,658.08
COUNTY ADMINISTRATOR
N1 Board accepted the County Administrator's monthly Report for July 2023. Said report is
incorporated herein by reference.
N2 Board adopted the following Resolution adopting a revised Table of Organization, as
reflected in Exhibit A to the resolution, placing the Medical Examiner under the auspices of the
County Administrator as a County Department.
RESOLUTION NO. 253-2023
Said Resolution is incorporated herein by reference.
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N3 Board adopted the following Resolution approving the list of Monroe County's Capital
Grant Applications for the "Resilient Florida" Grant Program in 2023.
RESOLUTION NO. 254-2023
Said Resolution is incorporated herein by reference.
N4 Board granted approval and authorized execution of a 2nd Modification to Federal
Emergency Management Agency, Hazard Mitigation Grant Program Sub-Grant Agreement No.
H0856 with Florida Division of Emergency Management to develop Watershed Management
Plans for Layton, Key Colony Beach and Marathon, to provide a one-year extension to the
agreement, expiring September 30, 2024.
N5 Board granted approval and authorized execution of a Contract with Aqua Waste Repairs,
Inc., in the amount of$299,000.00, to construct an injection well on Canal No. 58 in Key Largo
as part of the Canal Restoration Program, funded by Florida Department of Environmental
Protection Grant No. LPA0248.
N6 Board granted approval and authorized execution of a Contract with Aqua Waste Repairs,
Inc., in the amount of$324,000.00, to construct an injection well on Canal No. 278 in Eden
Pines on Big Pine Key as part of the Canal Restoration Program, funded by Florida Department
of Environmental Protection Grant No. LPA0248.
N7 Board granted approval and authorized execution of a 2nd Amendment to the Contract
with Erin L. Deady, P.A., to extend the period of performance by one year, at no additional cost,
for Consulting Services to develop Watershed Management Plans for Monroe County, Marathon,
Layton and Key Colony Beach pursuant to Florida Department of Emergency Management
Grant No. H0856-02.
N8 Board granted approval and authorized execution of a 3rd Amendment to the Contract
with Erin L. Deady, P.A., in the amount of$14,000.00, to prepare and submit up to four Grant
Applications under the 2023 Resilient Florida Grant Program on behalf of the County.
N9 Board granted approval to negotiate, in rank order, for the Rock Harbor Breakwater
Repairs Project in Key Largo, funded by a federal Housing and Urban Development pass-
through Community Development Block Grant—Mitigation Grant No. IR036 from the Florida
Department of Economic Opportunity.
N10 Board granted approval to enter into negotiations, in rank order, for the Tavernier
Breakwater Repairs Project, funded by a federal Housing and Urban Development pass-through
Community Development Block Grant—Mitigation Grant No. IR045 from the Florida
Department of Economic Opportunity.
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COUNTY ATTORNEY
02 Board granted approval to initiate litigation against Frank N. Mafrici and his property
located at 27361 Barbados Lane, Ramrod Key, Florida to seek compliance with the County Code
and enforce the lien(s) arising from Code Compliance Case Nos. CE20080061 and CE20090065.
03 Board granted approval to initiate litigation against Aileen Franklin and her property, 81
Coral Drive, Key Largo, Florida, to seek compliance with the County Code and enforce the
lien(s) arising from Code Compliance Case Nos. CE08070095 and CE20010034.
05 Board adopted the following Resolution authorizing partial release of liens for Code
Compliance Case Nos. CE16100099 and CE18050099 on property 104 Jamaica Street, Duck
Key, Florida, with Property Identification No. 00379540-000000.
RESOLUTION NO. 255-2023
Said Resolution is incorporated herein by reference.
06 Board granted approval of an Agreement with Smarsh, Inc., the sole source provider of
cellular text message archiving solution, in the amount of$26,473.86, for one year, and granted
approval to exempt this procurement from the competitive solicitation process as a sole source
provider; and authorized the County Attorney to sign the agreement and related documents.
07 Board granted approval to renew the Contract with ClearRisk for Certificate of Insurance
and Claims Management Software, in the amount of$36,750.00, for one year.
08 Board granted approval to renew the Airport Public Officials Liability Insurance with
Indian Harbor Insurance Co., through Gehring Group, a Risk Strategies Company, in the amount
of$18,847.00, for one year.
09 Board granted approval to renew Airport Liability Insurance with Ace Property and
Casualty Ins. Co. through Arthur J. Gallagher & Company, in the amount of$69,090.80, for one
year; and authorized the Risk Manager to sign any and all necessary documents to bind coverage.
Ol 1 Board granted approval to ratify a Professional Services Agreement with the law firm of
Stearns, Weaver, Weissler, Alhadeff& Sitterson, P.A., to assist the County Attorney with
drafting and preparing of a proposed County Charter; and authorized the payment for work that
commenced on June 8, 2023.
FLEET MANAGEMENT
S1 Board granted approval to purchase a new service truck to service all generators
throughout Monroe County, in the amount of$173,143.00, through Sourcewell Contract No.
110421-ALT.
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S2 Board granted approval to award surplus units to the highest bidders as set forth in
Budget& Finance Purchasing Department Tabulation Sheet, and authorized the award of surplus
items to the next highest bidder(s) if necessary, until items are disposed of. Said tabulation sheet
is incorporated herein by reference.
EMPLOYEE SERVICES
S3 Board granted approval and authorized execution of a one-year Residential Lease with a
County employee, commencing August 1, 2023, through July 31, 2024. The monthly rental
amount is $1,640.80.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
D20 Motion was made by Commissioner Lincoln and seconded by Commissioner Scholl
granting approval and authorizing execution of the 1 st Amendment to the Agreement with
Guidance/Care Center for Substance Abuse and Mental Health Services for Fiscal Year 2023, to
reflect a change in Section 2, Amount of Agreement, and to incorporate an amendment to the
agreement between South Florida Behavioral Health Network and Guidance/Care Center. Roll
call vote carried unanimously with Commissioner Rice abstaining due to conflict.
D23 Kevin Wilson, Assistant County Administrator, and John Allen, Director of Parks &
Beaches, addressed the Board regarding a License Agreement with Big Pine Key Chapter No.
2466 of AARP, Inc. for use of the Big Pine Key Community Center located in the shopping
center at 201 Key Deer Blvd., Unit C1-3, Big Pine Key, with an initial three-year term and two
renewal options of one year each. After discussion, motion was made by Commissioner Lincoln
and seconded by Commissioner Scholl granting approval and authorizing execution of the
License Agreement. Roll call vote carried unanimously.
Bob Shillinger, County Attorney, addressed the Board regarding the following two items,
D28 and D29:
D28 Approval to award and enter into a 5-year contract with DRC Emergency Services, LLC.,
for Disaster Response and Recovery Service, effective August 1, 2023, and upon receipt of fully
executed contract direction to the County Administrator to execute agreement on behalf of
the Monroe County BOCC.
D29 Approval to award and enter into a 5-year contract with Ashbritt Toppino, LLC., for
Disaster Response and Recovery Service, effective August 1, 2023, and upon receipt of fully
executed contract direction to the County Administrator to execute agreement on behalf of the
Monroe County BOCC.
Roman Gastesi, County Administrator; Mr. Wilson; Cheryl Sullivan, Director of Solid
Waste; and Christine Limbert-Barrows, Assistant County Attorney, addressed the Board. The
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following individuals addressed the Board: Randy Perkins, Chairman of AshBritt, Inc., and
representing AshBritt Toppino, LLC; Richard Toppino, President of Charley Toppino & Sons,
Inc. and representing AshBritt Toppino, LLC. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Scholl granting approval of Item D28 and
D29, waiving portions of the Monroe County Purchasing Policy, on an articulated basis,
including operational flexibility, ability to respond by a dependable contractor(s), and portions of
the policy which incorporate the federal provisions. Roll call vote carried unanimously with
Mayor Pro Tem Raschein abstaining due to conflict.
PUBLIC HEARING
P3 A Public Hearing was held to consider approval of a Resolution transmitting to the State
Land Planning Agency an Ordinance amending the Glossary of the 2030 Monroe County
Comprehensive Plan to amend the Definition of Accessory Use or Accessory Structure to allow
limited additional uses and structures on vacant lots. Emily Schemper, Senior Director of
Planning and Environmental Resources, gave a Power Point Presentation. Peter Morris, Assistant
County Attorney, addressed the Board. The following individuals addressed the Board: Dottie
Moses, representing Island of Key Largo Federation of Homeowner Associations; Rudy Krause,
and Don Horton. After discussion, motion was made by Commissioner Lincoln and seconded by
Commissioner Rice to continue the item to the September 20, 2023 regular meeting in Key
Largo. Motion carried unanimously.
SOUNDING BOARD
Q1 John Milhiser addressed the Board regarding the Twin Lakes/Sands Neighborhood
Sustainability Projects. The following individual addressed the Board: Sandy Milhiser.
COUNTY ATTORNEY
04 Mr. Shillinger and Mr. Gastesi addressed the Board with an update following County
staff s June 23, 2023 meeting with incoming Federal Emergency Management Agency (FEMA)
Region IV Administrator and FEMA staff in Atlanta regarding the County's request to seek
changes to certain floodplain regulations and solicitation of public input for suggestions on
potential changes. The following individuals addressed the Board: Gay Marie Smith, Amedeo
D'Ascanio, representing D'Asign Source; Don Horton, BJ Born, Marlen Weeks, Tim Urbanski,
Rudy Krause, and Joseph Tremblay. After discussion, motion was made by Commissioner
Lincoln and seconded by Commissioner Scholl to adopt the following Resolution, that the
building department currently lacks the capacity to conduct such inspections, it has not had the
capacity for some period of time, the Board finds that a seller who sold a property which closed
before January 31, 2024 would still have a defense of non-availability of condition precedent
under the Transfer of Ownership Program to establish the cause of action for claims brought
against the buyer, against the seller,pursuant to the relevant Ordinances. Motion carried
unanimously.
Page 114 07/19/2023
RESOLUTION NO. 257-2023
Said Resolution is incorporated herein by reference.
010 Mr. Shillinger addressed the Board and gave a Charter County discussion update. The
following individuals addressed the Board: John Milhiser. Mr. Gastesi addressed the Board.
01 Mr. Shillinger directed the Board to the County Attorney Report for the month of July
2023. Said report is incorporated herein by reference.
Mr. Shillinger advised the Board that the Contractor's Examining Board had withdrawn
their request to review and comment on any Ordinance changes that involve the building trades.
Mr. Shillinger requested to hold an Attorney-Client Closed Session in the matter of
Sunset Gardens Estate Land Trust 0211012014, by and through its Successor Trustee, Simtrust
Group LLC, and Sunset Gardens Farm, LLC v. Monroe County, Case No. 19-CA-460-P, and
read the required language into the record. Motion was made by Commissioner Lincoln and
seconded by Commissioner Rice granting approval to hold the closed session at the September
20, 2023 BOCC regular meeting in Key Largo, Florida, at 9:30 a.m. or as soon thereafter as the
matter may be heard. Motion carried unanimously.
Mr. Shillinger was given permission to write a letter of support for the Florida Keys
Aqueduct Authority grant for wastewater.
PUBLIC HEARINGS
P1 A Public Hearing was held to consider approval of a Resolution to continue the
imposition of Wastewater Assessments and to set the annual rate for all previously approved
Assessment Rolls including Big Coppitt, Duck Key, Stock Island including Stock Island Phase 2,
Cudjoe Regional Centralized Inner & Outer Island and Expanded Parcels within the Cudjoe
Regional Service Area, East/West Long Key, No Name Key, and Middle/Big Torch Key service
areas. The administrative cost associated with the imposition of wastewater assessments is paid
from the collection of the annual assessments. There was no public input. Motion was made by
Commissioner Scholl and seconded by Commissioner Rice to adopt the following Resolution.
Motion carried unanimously.
RESOLUTION NO. 258-2023
Said Resolution is incorporated herein by reference.
P2 A Public Hearing was held to consider approval of a Resolution adopting the final Duck
Key Security District Non-Ad Valorem Special Assessment Rates for Fiscal Year 2023-2024 and
consider approval of Non-Ad Valorem Assessment Roll Certificate to be provided to the Tax
Collector by September 15, 2023. There was no public input. Motion was made by
Commissioner Rice and seconded by Commissioner Lincoln to adopt the following Resolution.
Motion carried unanimously.
Page 115 07/19/2023
RESOLUTION NO. 259-2023
Said Resolution is incorporated herein by reference.
P4 A Public Hearing was held to consider a Resolution allowing a temporary construction
staging area at property located at 77 Sirius Lane, Geiger Key, with Parcel Identification No.
00146530-000000, related to a Canal Restoration Project(Canal No. 475). There was no public
input. Motion was made by Commissioner Scholl and seconded by Commissioner Rice adopting
the following Resolution. Motion carried unanimously.
RESOLUTION NO. 256-2023
Said Resolution is incorporated herein by reference.
P5 A Public Hearing was held to consider an Ordinance amending Monroe County Land
Development Code, Section 101-1, Definitions and Chapter 122, Floodplain Management;
Article I, In General, Section 122-3, Definitions, to update the definition of Market Value to be
consistent with the Florida Division of Emergency Management, Bureau of Mitigation, State
Office of Floodplain Management's December 2022 Guidance on Market Value and Model
Floodplain Management Ordinance which is written to explicitly rely on and be coordinated with
the Flood Provisions in the Florida Building Code, meeting the National Flood Insurance
Program requirements and approved by the Federal Emergency Management Agency in 2013;
providing for severability;providing for applicability; providing for repeal of conflicting
provisions; providing for transmittal to the State Land Planning Agency and the Secretary of
State; providing for amendment to and incorporation in the Monroe County Land Development
Code; providing for an effective date. Ms. Schemper addressed the Board. The following
individual addressed the Board: David deHaas-Grosseck, representing DeHaas Consulting &
Design. After discussion, motion was made by Commissioner Lincoln and seconded by
Commissioner Scholl adopting the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 017-2023
Said Ordinance is incorporated herein by reference.
P6 A Public Hearing was held to consider an Ordinance amending the Monroe County Land
Use District Map from Suburban Commercial and Suburban Residential to Suburban
Commercial, for property located at 101 Magnolia Street, Key Largo, legally described as Square
20, Ocean Acres, Key Largo, Monroe County, Florida, currently having Property Identification
No. 00454520-000000, as proposed by Magnolia 101, LLC; providing for severability; providing
for repeal of conflicting provisions; providing for transmittal to the State Land Planning Agency
and the Secretary of State; providing for amendment to the Land Use District(Zoning) Map;
providing for an effective date. There was no public input. Motion was made by Commissioner
Lincoln and seconded by Commissioner Scholl adopting the following Ordinance. Motion
carried unanimously.
ORDINANCE NO. 018-2023
Said Ordinance is incorporated herein by reference.
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P7 A Public Hearing was held to consider a private property owner's request to waive the
Mandatory Non-Residential Inclusionary In-Lieu Affordable-Workforce Housing Trust Fund Fee
applicable to the new development of an outdoor storage use at property located at 413 Barry
Avenue, Little Torch Key, approximate mile marker 29, currently having parcel identification
number 00215140-000000. Ms. Schemper addressed the Board. The following individuals
addressed the Board: Dottie Moses, representing Last Stand; and Joseph Tremblay. After
discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Scholl
to waive the fee by 50% and adopt the following Resolution, finding that it follows Land
Development Code, Section 139-1(f)(4)b, that:
3. 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. 260-2023
Said Resolution is incorporated herein by reference.
COMMISSIONER'S ITEM
L1 Mr. Wilson addressed the Board regarding naming an unspecified location after long-
time Commissioner Sylvia Murphy. After discussion, motion was made by Commissioner
Lincoln and seconded by Commissioner Rice to add a plaque in memory of former County
Mayor Sylvia Murphy alongside the existing plaque for Kaye Thacker at the Murray Nelson
Government Center, as Mayor Murphy and Ms. Thacker were longtime friends. Motion carried
unanimously.
CLOSED SESSIONS
Jl Mr. Shillinger announced the Attorney-Client Closed Session in the matter of Galleon
Bay v. Monroe County, et al., 02-CA-595-K 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 Attorney Derek Howard; and
a certified court reporter.
Mayor Pro Tem Raschein declared the open session of the meeting closed. After the
closed session, the meeting was re-opened.
J2 Mr. Shillinger announced the Attorney-Client Closed Session in the matter of Monroe
County v. Miguel Angel Reyes and Dulce Milagro Morlas, 16th Judicial Circuit Case No. 22-
CA-285-P 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 Attorney Kelly Dugan; and a certified court reporter.
Page 117 07/19/2023
Mayor Pro Tem Raschein declared the open session of the meeting closed. After the
closed session, the meeting was re-opened.
J3 Mr. Shillinger announced the Attorney-Client Closed Session in the matter of Monroe
County v. William Soileau, 16th Judicial Circuit Case No. 22-CA-399-K 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 Attorney Kelly
Dugan; and a certified court reporter.
Mayor Pro Tem Raschein declared the open session of the meeting closed. After the
closed session, the meeting was re-opened.
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 118 07/19/2023