06/17/2020 Regular MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, June 17, 2020
Via Communication Media Technology
A regular meeting of the Monroe County Board of County Commissioners convened at
9:00 a.m. via Communication Media Technology. Present and answering to roll call were
Commissioner Craig Cates, Commissioner Michelle Coldiron, Commissioner Sylvia Murphy,
Commissioner David Rice, and Mayor Heather Carruthers. Also present at the meeting were
Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Kevin Madok, Clerk of
Court; Pamela Hancock, Deputy Clerk; county staff, members of the press and radio; and the
general public.
ADDITIONS, CORRECTIONS AND DELETIONS
Al Motion was made by Commissioner Murphy and seconded by Commissioner Coldiron
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 Coldiron
granting approval of the following items by unanimous consent:
C1 Board granted approval and authorized execution of a Contract with Carlos A. Alves and
JC Carroll for $6,000.00 for public art at the new Marathon Library recommended by the Art in
Public Places Committee and the Florida Keys Council of the Arts.
C2 Board granted approval and authorized execution of the 2nd Amendment to Commercial
Lease with Oxford Business III Corporation to reflect change in ownership of its building
interest to Key Vaca Center, LLC for the Supervisor of Elections office at 100th Street Center in
Marathon; and to update addresses.
C4 Board granted approval and authorized execution of the lst Amendment to Contract with
CSA Central, Inc. for Design and Permitting for the Florida Keys Overseas Heritage Trail
connection at Cudjoe Gardens Project, in the maximum not to exceed amount of$32,495.00, to
assess wetlands functions, values and permitting to meet the requirements of compensatory
wetland mitigation programs required by the South Florida Water Management District and the
United States Army Corp of Engineers; to be funded by District 1 Transportation Impact fees.
C7 Board granted approval and authorized execution of a Task Order with RS&H, Inc. for
Construction Engineering and Inspection Services (CEI) for the 1st Street and Bertha Street(Key
West) Roadway and Drainage Improvement Project. This task order is being awarded under the
RS&H, Inc. contract for CEI Services for the Monroe County Roadway and Drainage
Improvement Program in the maximum not to exceed amount of$411,723.35.
C8 Board granted approval and authorized execution of a Task Order with Bender&
Associates Architects, P.A. in the amount of$170,064.00 for planning, architectural design,
structural and civil engineering, landscaping services and permitting for the office build out for
the Monroe County Public Defender's Office located at 316 Simonton Street, Key West, Florida
33040.
C9 Board granted approval and authorized execution of the 6th Amendment to the
Construction Manager at Risk Agreement with Biltmore Construction Co. Inc. to increase the
Guaranteed Maximum Price (GMP)by $1,894,904.34 for the Plantation Key Judicial Courthouse
and Detention Facility for a total combined GMP of$34,187,462.06. The project is co-funded by
the 2014 Revenue Bond and the One Cent Infrastructure Sales Tax.
C10 Board granted approval and authorized execution of the 5th Amendment to the Contract
with Paradise Divers, Inc. for Temporary Ferry Service to Pigeon Key, to extend the expiration
date to June 30, 2021 at the total contract cost of$255,252.00 with contributions from FDOT in
the amount of$137,500.00; City of Marathon in the amount of$19,143.90; and Pigeon Key
Foundation in the amount of$1,408.10. The County's annual contribution is $97,200.00.
C 11 Board granted approval and authorized execution of a Renewal and Amendment to
Agreement to renew and amend the current Generator Repair and Assistance Contract with All
Power Generators Corp.
C 12 Board granted approval and authorized execution of the 1st Amendment to Alzheimer's
Disease Initiative Program Contract KZ-1997 between the Alliance for Aging, Inc. and Monroe
County Board of County Commissioners/Monroe County Social Services In-Home Services for
the Contract Year 2019-2020 (July 1, 2019-June 30, 2020) in the amount of$189,458.40. This
amendment decreases the overall funding of the contract by $23,493.22 as a result of COVID-19
and the temporary suspension of Facility-Based Respite Services countywide. Additional
services gained as a result of COVID-19 are Telephone Reassurance and Shopping Assistance in
the combined amount of$13,477.35
C13 Board adopted the following Resolution of the Monroe County Board of County
Commissioners adopting FEMA Technical Bulletin 5 "Free-of-Obstruction Requirements" dated
March 2020 as required pursuant to Monroe County Code Section 122-2(c).
RESOLUTION NO. 152-2020
Said Resolution is incorporated herein by reference.
C14 Board granted approval and authorized execution of a Task Order with T.Y. Lin
International in the amount of$176,000.00 for Emergency Generator Replacement at the Stock
Island Monroe County Detention Center.
C16 Board granted approval and authorized execution of a Task Order with Kisinger Campo
& Associates, Corp. for Professional Engineering Services for the No Name Key Bridge Repairs
Project for repairs due to Hurricane Irma. This task order is being awarded in accordance with
the Continuing Contract for On Call Engineering Services in the maximum not to exceed amount
of$129,301.00.
C18 Board accepted the report of Airport Change Orders for the month of May 2020 reviewed
by the County Administrator/Assistant Administrator. Said report is incorporated herein by
reference.
C20 Board granted approval and authorized execution of the 1st Amendment to the Master
Agreement for Professional Services with THC, Inc. to provide engineering, consulting and other
professional services for the next phases of the Noise Insulation Program at Key West
International Airport. The agreement is funded by FAA Grants (90%); and PFC 417 (10%).
C21 Board granted approval and authorized execution of the lst Amendment to Memorandum
of Agreement with U.S. Customs and Border Protection (CBP)for the User Fee Airport Program
at the Florida Keys Marathon International Airport to adjust the U.S. CBP Officer's weekly work
schedule from Wednesday through Sunday to Thursday through Monday; the hours of service
from 9:00 a.m. until 5:30 p.m. will remain unchanged.
C22 Board granted approval and authorized execution of the lst Amendment to Memorandum
of Agreement(MOA)with Federal Aviation Administration (FAA) and the Florida Keys
Marathon International Airport to add the FAA's proposed Remote Center Air/Ground
Communications Facilities to the MOA's "List of Facilities"; and to add in the FAA's proposed
"Section 13 Limitation on Liability"to the agreement.
C23 Board granted approval of the ratification of submission of a Grant Application to the
U.S. Department of Justice, Bureau of Justice Assistance for the Fiscal Year 2020 Coronavirus
Emergency Supplemental Funding Grant Program in the amount of$44,463.00; and granted
approval for the County Administrator to execute acceptance of the award and related
documents. This item also serves to provide an opportunity for government review and for the
public to comment on the application in accordance with the grant requirements. A cash match is
not required.
C25 Board granted approval to refund Use of County Property Fees in the amount of
$1,100.00 paid in advance by Daily Plan-It, sponsored by Sean Krikorian, Great Events Catering,
for the Key West Artisan Market event at Higgs Beach for the dates of March 22 and 29, 2020;
with the events being cancelled due to COVID-19 closures.
C26 Board accepted the report of monthly Change Orders for the month of May 2020
reviewed by the County Administrator/Assistant County Administrator. Said report is
incorporated herein by reference.
C27 Board granted approval and authorized execution of the 5th Modification to Low Income
Home Energy Assistance Program Subgrant Agreement 417EA-OF-11-54-01-019 between the
Department of Economic Opportunity and Monroe County BOCC/Monroe County Social
Services for the contract period of April 1, 2017 through September 30, 2020 to increase funding
by $270,257.00; which will increase the total contract amount from $914,318.29 to
$1,184,575.29.
C30 Board granted approval and authorized execution of the 2nd Amendment to Agreement
between GA Food Services, Inc., and Monroe County Board of County Commissioners/Monroe
County Social Services/Nutrition Services (for the provision of Congregate and Home Delivered
Meals throughout Monroe County) for the CPI-U adjusted rate of 1.8% or $4.06 per meal, for a
total grant funded contract amount of$524,031.22.
C31 Board granted approval to waive irregularities in the Request for Proposals (RFP)that
was issued for Parking Management at the Key West International Airport; permitting awarded
contractor, Republic Parking, to submit the missing documentation that would have otherwise
been submitted had the missing sections been included in the RFP; and directing the Clerk to
process all invoices from Republic Parking, including past due unpaid invoices from December
2019 through April 2020. The information missing from the RFP, that caused missing submittals,
was at no fault of Republic Parking.
C32 Board granted approval of the Monroe County Purchasing Policy, which includes
revisions to include a process for payment dispute resolution, to clarify language relating to the
rejection of responses from competitive bid solicitations and procedures for the acceptance of
payment cards.
C33 Board granted approval and authorized execution of the 1st Amendment to Food Service
Agreement between GA Food Service, Inc. and Monroe County Social Services/Nutrition
Program to extend the agreement for one year; from July 1, 2020 through June 30, 2021.
C34 Board granted approval and authorized execution of the 1st Amendment to Food Service
Agreement between Star of the Sea Foundation, Inc. and Monroe County Social
Services/Nutrition Program to extend the agreement for one year; from July 1, 2020 through
June 30, 2021.
C35 Board granted approval and authorized execution of the 1st Amendment to Annual
Agreement between Tranquility Bay Adult Day Care (Key Largo) and Monroe County Social
Services to renew agreement for one additional year and to continue to provide Facility-Based
Respite Services to elderly and disabled citizens residing throughout Monroe County in an
amount not to exceed $80,000.00; for the period of July 1, 2020 through June 30, 2021.
C36 Board adopted the following Resolutions concerning the Transfer of Funds and the
Receipt of Unanticipated Revenue:
Transfer of Funds (OMB Schedule Item Number 1).
RESOLUTION NO. 153-2020
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item Number 2).
RESOLUTION NO. 154-2020
Said Resolution is incorporated herein by reference.
Amending Resolution No. 118-2020 (OMB Schedule Item Number 3).
RESOLUTION NO. 155-2020
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item Number 4).
RESOLUTION NO. 156-2020
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item Number 5).
RESOLUTION NO. 157-2020
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item Number 6).
RESOLUTION NO. 158-2020
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item Number 7).
RESOLUTION NO. 159-2020
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item Number 8).
RESOLUTION NO. 160-2020
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item Number 9).
RESOLUTION NO. 161-2020
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item Number 10).
RESOLUTION NO. 162-2020
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item Number 11).
RESOLUTION NO. 163-2020
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item Number 12).
RESOLUTION NO. 164-2020
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item Number 13).
RESOLUTION NO. 165-2020
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item Number 14).
RESOLUTION NO. 166-2020
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item Number 15).
RESOLUTION NO. 167-2020
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item Number 16).
RESOLUTION NO. 168-2020
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item Number 17).
RESOLUTION NO. 169-2020
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item Number 18).
RESOLUTION NO. 170-2020
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item Number 19).
RESOLUTION NO. 171-2020
Said Resolution is incorporated herein by reference.
Amending Resolution No. 138-2020 (OMB Schedule Item Number 20).
RESOLUTION NO. 172-2020
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item Number 21).
RESOLUTION NO. 173-2020
Said Resolution is incorporated herein by reference.
6 P a g e 0.16 11 2012 01
Receipt of Unanticipated Funds (OMB Schedule Item Number 22).
RESOLUTION NO. 174-2020
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item Number 23).
RESOLUTION NO. 175-2020
Said Resolution is incorporated herein by reference.
HURRICANE IRMA RECOVERY
D2 Board granted approval and authorized execution of a Contract, not to exceed
$45,000.00, with Earth Tech Enterprises, Inc. to provide Operations and Maintenance Services
on the air curtain system on Canal 4266 located on Witters Lane in Big Pine Key; retroactive to
June 1, 2020; funded by the MSBU established for the system in 2019.
D3 Board granted approval and authorized execution of a Contract with Pedro Falcon
Contractors, Inc. in the amount of$72,787.00 for the remaining repairs at Watson Park on Big
Pine Key which was damaged during Hurricane Irma.
PLANNING& ENVIRONMENTAL RESOURCES, BUILDING
& CODE COMPLIANCE DEPARTMENTS
H3 Board adopted the following Resolution of the Board of County Commissioners of
Monroe County, Florida formalizing the prior approval of the Special Magistrate's recommended
Order regarding the Beneficial Use Determination application of Patricia J. Edwards and Henry
A. Olynger Jr.; and denial of the relief sought by applicants.
RESOLUTION NO. 176-2020
Said Resolution is incorporated herein by reference.
H4 Board adopted the following Resolution of the Board of County Commissioners of
Monroe County, Florida formalizing the prior approval of the Special Magistrate's recommended
Order regarding the Beneficial Use Determination application of Scott and Toni Beauchamp; and
denial of the relief sought by applicants.
RESOLUTION NO. 177-2020
Said Resolution is incorporated herein by reference.
H6 Board adopted the following Resolution of the Monroe County Board of County
Commissioners adopting FEMA Technical Bulletin 1 "Requirements for Flood Openings in
Foundation Walls and Walls of Enclosures" dated March 2020 as required pursuant to Monroe
County Code Section 122-2(c).
RESOLUTION NO. 178-2020
Said Resolution is incorporated herein by reference.
H7 Board granted approval to re-appoint Ms. Mamie Walterson, layperson, to one additional
three-year term to the Contractors' Examining Board; beginning June 17, 2020 through June 17,
2023.
H8 Board granted approval to re-appoint Ms. Venetia Flowers, layperson, to one additional
three-year term to the Contractors' Examining Board; beginning June 17, 2020 through June 17,
2023.
SHERIFF'S OFFICE
J2 Board granted approval of the request for Expenditure of Law Enforcement Trust Funds,
as follows: $500.00 Marathon High School Operation Graduation 2020: to help cover expenses
for the all-night event that provides a safe, drug and alcohol free celebration to recognize the
achievements of our graduating seniors.
COMMISSIONER ITEM
K1 Board granted approval of Commissioner Rice's appointment of Michael Weber to the
Duck Key Security District Advisory Board, for a three-year term through June 17, 2023,
replacing David Maki who declined reappointment.
COUNTY CLERK
L1 Board granted approval of FKAA invoices $50,000.00 or over for the fiscal year(to
include salaries), relating to the Cudjoe Regional Wastewater System Project. Said invoices are
incorporated herein by reference.
L2 Board granted approval of FKAA invoices for the fiscal year(to include salaries),
relating to the Cudjoe Regional Wastewater System Project. The invoices under $50,000.00 are
being provided for information only. Said invoices are incorporated herein by reference.
L3 Board granted approval of Tourist Development Council expenses for the month of May
2020, as follows: Advertising, in the amount of$1,928,436.70; Bricks & Mortar Projects, in the
amount of$461,054.13; Events, in the amount of$66,251.67; Office Supplies & Operating
Costs, in the amount of$4,436.15; Sales & Marketing, in the amount of$32,422.93; Telephone
& Utilities, in the amount of$28,935.00; Travel, in the amount of$876.09; Visitor Information
Services, in the amount of$68,981.50.
L4 Board granted approval of BOCC Warrants (Including Payroll) for the month of May
2020, 10069438-10070664, 50005298-50005300 (PR Checks), 3127054-3128280 (PR Voucher),
25881-25991 (WC), as follows: 001 General Fund, in the amount of$2,402,741.56; 101 Fine &
Forfeiture, in the amount of$4,514,669.99; 102 Road/Bridges, in the amount of$280,952.71;
104 Middle Keys Health Care MSTU, in the amount of$704,105.00; 115 Tourist Development
Council-Two Penny, in the amount of$269,490.67; 116 TDC - Admin Promo 2 Cent, in the
amount of$695,846.98; 117 TDC - District 1 Third Cent, in the amount of$894,770.61; 118
TDC - District 2 Third Cent, in the amount of$172,561.31; 119 TDC - District 3 Third Cent, in
the amount of$169,650.44; 120 TDC - District 4 Third Cent, in the amount of$172,702.39; 121
TDC - District 5 Third Cent, in the amount of$303,180.26; 125 Grant Fund, in the amount of
$3,168,145.95; 130 Impact Fees/Roadways, in the amount of$76,608.04; 141 Fire/Ambulance,
in the amount of$741,594.00; 147 Unincorporated Service, in the amount of$131,682.76; 148
Planning Building, in the amount of$479,699.40; 149 Municipal Policing, in the amount of
$605,427.08; 152 Duck Key Security, in the amount of$5,871.10; 153 Local Housing
Assistance, in the amount of$54,055.41; 157 Boating Improvement Fund, in the amount of
$6,449.01; 158 Miscellaneous Special Revenue Fund, in the amount of$35,728.16; 160
Environmental Restoration, in the amount of$10,644.46; 162 Law Enforcement Trust-600, in
the amount of$500.00; 163 Court Facilities, in the amount of$8,039.14 164 Drug Facilities
Fees, in the amount of$5,801.34; 180 Building Funds, in the amount of$349,023.99; 304 1 Cent
Infrastructure , in the amount of$623,296.44; 312 Cudjoe Regional WW Project, in the amount
of$6,725.35; 314 Series 2014 Revenue Bonds, in the amount of$1,671,953.71; 316 Land
Acquisition, in the amount of$611,666.00; 401 Card Sound Bridge, in the amount of
$59,011.46; 403 Marathon Airport, in the amount of$374,036.91; 404 Key West Intl Airport, in
the amount of$823,895.26; 406 PFC & Operating Restrictions, in the amount of$619,848.46;
414 MSD Solid Waste, in the amount of$1,405,037.62; 501 Workers' Compensation , in the
amount of$161,601.49; 502 Group Insurance Fund, in the amount of$919,303.81; 503 Risk
Management Fund, in the amount of$2,272,993.89; 504 Fleet Management Fund, in the amount
of$234,436.91; 610 Fire/EMS LOSAP Trust Fund, in the amount of$2,820.00;
COUNTY ADMINISTRATOR
M3 Board adopted the following Resolution authorizing temporary closing of the 7-Mile
Bridge on April 17, 2021 from 6:45 a.m. to 9:00 a.m. for the running of the 40th Annual 7-Mile
Bridge Run.
RESOLUTION NO. 179-2020
Said Resolution is incorporated herein by reference.
COUNTY ATTORNEY
N2 Board granted approval of the semi-annual examination of public official bonds for
County Commissioners and Constitutional Officers pursuant to F. S. 137.05 and § 2-28 of the
Monroe County Code and found that all current bonds and/or insurance policies are adequate.
N4 Board granted approval and authorized execution of the 3rd Amendment to the ILA
between Monroe County and Miami-Dade County forming the South Florida Workforce
Investment Board.
Q1 Board granted approval to advertise for a Public Hearing to amend Monroe County Code
Section 8-28(c), Enforcement Procedure, to clarify the procedures for those violations alleged to
be irreparable and irreversible in nature.
SOCIAL SERVICES
Q2 Board adopted the following Resolution approving the use of Monroe County Social
Services welfare miscellaneous funds to be used for bio-hazard cleaning services at crime scenes.
RESOLUTION NO. 180-2020
Said Resolution is incorporated herein by reference.
FACILITIES MAINTENANCE
Q3 Board granted approval and authorized execution of the 3rd Amendment to Lease
Agreement with Pam Uslander for a mobile food concession at Higgs Beach to abate rent and
percentage commission for March, April and May 2020, due to COVID-19 preventive measures
in the amount of$630.20; and to extend the lease term which terminates on June 20, 2020 on a
month-to-month basis pending the issuance of an RFP; and award of a contract.
Q4 Board granted approval and authorized execution of the 4th Amendment to Lease
Agreement with 1000 Atlantic Boulevard, LLC (Salute Restaurant)to abate the rent for March,
April and May 2020 due to closures resulting from COVID-19 preventive measures in the total
amount of$26,962.11; and to adjust the monthly rental amount due to a decrease in the use tax.
PROJECT MANAGEMENT
Q5 Board ratified the approval of a Contract, on May 20, 2020, with Pedro Falcon
Contractors, Inc. in the amount of$344,760.00 for the remaining repairs at the Big Pine
Community Park which was damaged during Hurricane Irma.
FACILITIES MAINTENANCE
Q6 Board granted approval and authorized execution of the 2nd Amendment to Agreement
with Salute Watersports, LLC for the Mobile Retail Merchandise or Service Concession at Higgs
Beach to abate rent for March, April and May 2020; and 7.5% commission due to COVID-19 in
the amount of$2,172.35 revenue loss to Monroe County.
ASSISTANT COUNTY ADMINISTRATOR
Q7 Board granted approval and authorized execution of the 3rd Amendment to Contract with
Florida Keys Society for Prevention of Cruelty to Animals, Inc. for operation of the Marathon
Animal Shelter reflecting a five-year renewal; and a CPI increase of 2.3% effective July 1, 2020.
The agreement amount will increase to $452,871.63 per year.
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FACILITIES MAINTENANCE
Q8 Board granted approval and authorized execution of the 1st Amendment to Agreement
with Master Mechanical Services, Inc. for Middle Keys HVAC Maintenance & Service to
increase the annual compensation amount by $50,000.00; and revise Maintenance of Records
provision. Funding is Ad Valorem.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
C6 Roman Gastesi, County Administrator; and Judith Clarke, Director of Engineering
Services/Roads & Bridges, addressed the Board concerning approval of a Resolution approving
the Florida Department of Transportation Small County Outreach Program Grant Agreement
funding construction for the Koehn and Big Pine Shores Roadway and Drainage Improvement
Project in the grant amount of$1,660,312.00 (75%); with a match requirement amount of
$553,438.00 (25%) of the estimated project amount of$2,213,750.00. After discussion, motion
was made by Commissioner Coldiron and seconded by Commissioner Rice granting approval of
the item. Motion carried unanimously.
RESOLUTION NO. 181-2020
Said Resolution is incorporated herein by reference.
C24 Motion was made by Commissioner Coldiron and seconded by Commissioner Murphy
granting approval of the recommendations by the Substance Abuse Policy Advisory Board to
award the annual FDLE Byrne/JAG grant funding allocation to the Guidance/Care Center for the
"Women's Jail Incarceration Drug Abuse Treatment Program" (WJIP) in the amount of
$35,718.00; and Samuel's House for the "Court Mandated Criminal/Substance Abuse Case
Manager" (CMC/SACM)Program in the amount of$28,530.00; for Federal Fiscal Year 2019
totaling $64,248.00; with no cash match. And granted approval of the ratification of submission
of the WJIP and CMC/SACM applications, in the amounts of$35,718.00; and $28,530.00
respectively, to FDLE for Federal Fiscal Year 2019 with funding from the Edward Byrne
Memorial Justice Assistance Grant program. Roll call vote carried unanimously, with
Commissioner Rice abstaining due to a conflict.
C28 Richard Strickland, Director of Airports, addressed the Board concerning approval of the
2nd Amendment to Contract with the Monroe County Sheriff's Office for Law Enforcement and
Security Services at Key West International Airport reducing the positions funded under the
contract from twenty-nine to twenty-two. Seven Airport Security Technician (AST)positions
are removed from the position headcount shown in Exhibit A of the Agreement. The seven
positions were furloughed due to COVID-19 and due to the current and projected decline in
passenger volumes, there is not enough safety and security work to continue to employ seven of
the twenty AST positions funded under the contract. The contract is paid by Airport Operating
Fund 404. After discussion, motion was made by Commissioner Rice and seconded by
Commissioner Murphy granting approval of the item with the reduction of three ASTs to twenty-
six positions. Motion carried unanimously.
C29 Motion was made by Commissioner Coldiron and seconded by Mayor Carruthers
granting approval and authorizing execution of an Agreement with Guidance/Care Center, Inc.
for the "Heron Assisted Living Prevents Recidivism"Program", in the amount of$20,403.00 for
July 1, 2019 through September 30, 2020; as recommended by the Substance Abuse Policy
Advisory Board for funding from FDLE, Federal Fiscal Year 2018 (FFY18), Edward Byrne
Memorial Justice Assistance Grant Program. No match is required. Roll call vote carried
unanimously, with Commissioner Rice abstaining.
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 Commissioner Cates, Commissioner Murphy,
Commissioner Rice and Mayor Halle. Councilman Lewis was absent from the meeting.
G1 Motion was made by Commissioner Rice and seconded by Commissioner Murphy to
adopt the following Resolution adopting the Monroe County Fire Prevention Inspection Fee
Schedule, attached as Exhibit A to the Resolution, as approved by the Board of County
Commissioners on April 15, 2020. Motion carried unanimously, with Councilman Lewis not
present.
RESOLUTION NO. 182-2020
Said Resolution is incorporated herein by reference.
The Board of Governors, Fire & Ambulance District 1, adjourned. The Board of County
Commissioners meeting reconvened with all Commissioners present.
HURRICANE IRMA RECOVERY
D1 Tina Boan, Sr. Director Budget& Finance, gave a report of Hurricane Irma finance
activity by the Office of Management and Budget. Mr. Gastesi and Bob Shillinger, County
Attorney, addressed the Board. The Mayor called a pre-budget meeting on July 8, 2020 in
Marathon.
SHERIFF'S OFFICE
J1 Motion was made by Commissioner Rice and seconded by Commissioner Murphy
granting approval of the Fiscal Year 2020 recommendations of the Monroe County Shared Asset
Forfeiture Fund Advisory Board. Roll call vote carried unanimously, with Commissioner
Coldiron abstaining due to a conflict. Mr. Shillinger addressed the Board.
PLANNING& ENVIRONMENTAL RESOURCES, BUILDING
& CODE COMPLIANCE DEPARTMENTS
H9 Christine Hurley, Assistant County Administrator, gave a Power Point Presentation
regarding reissuance of a Request for Proposals for the Keys-Wide Mobile Vessel Pumpout
Service. Mr. Gastesi and Mr. Shillinger addressed the Board. The following individuals
addressed the Board: Craig Barker, Executive-Pump Out USA; Naja Girard and Robbie Majeska.
After discussion, motion was made by Commissioner Cates and seconded Commissioner
Murphy supporting staff's recommendation and go out for an RFP; and then work with the
municipalities in the interim to continue the pump outs; and work with trying to find someone to
pump out the upper keys and to possibly work with the Key Largo Wastewater Treatment
District to get through this. Roll call vote carried unanimously.
H2 Ms. Hurley addressed the Board. Leslie Fields and Matt Schultz, representing Woods
Hole Group, gave a Power Point Presentation detailing their ongoing review and technical
findings of FEMA's Preliminary Flood Insurance Rate Maps for Monroe County and direction to
develop appeal materials. Karl Bursa, Senior Administrator of Floodplain, addressed the Board.
The following individual addressed the Board: Stephen Russ, Vice President of Fair Insurance
Rates Monroe. Motion was made by Commissioner Rice and seconded by Commissioner
Coldiron granting approval of staff's recommendation. Roll call vote carried unanimously.
COUNTY ADMINISTRATOR
M4 Rhonda Haag, Chief Resilience Officer, addressed the Board. Emilio Corrales, Project
Manager with HDR, Inc., and Erin Deady, P.E., gave a Power Point Presentation of the road's
adaptation analysis of the Stillwright Point neighborhood in Key Largo as part of the County-
wide study for the sea level rise vulnerability analysis for County-maintained roads. The
following individuals addressed the Board: Greg Corning, P.E., Senior Engineer with Wood;
George Smyth, Andrew Sikora, Emilie Stewart, Kimberly Sikora and Gay Ummel. Mr. Gastesi,
Ms. Clarke, Ms. Hurley and Mr. Shillinger addressed the Board. Motion was made by
Commissioner Cates and seconded by Commissioner Coldiron to move forward with Alternative
4 (French Drain System). Roll call vote was taken with the following results:
Commissioner Cates Yes
Commissioner Coldiron No
Commissioner Murphy No
Commissioner Rice No
Mayor Carruthers No
Motion failed.
M5 Ms. Haag addressed the Board. Susan Layton, Chief, Planning &Policy Branch of the
U.S. Army Corps of Engineers, gave a Power Point Presentation regarding the direction of the
preferred alternative and its options, including input from the municipalities, for the Tentatively
Selected Plan developed by the U.S. Army Corps of Engineers (USACE)under the partnership
agreement with USACE for investigating coastal storm risk vulnerability for the Florida Keys.
The following individuals addressed the Board: Rachel Haug, with USACE; and Alison Higgins,
Sustainability Coordinator, City of Key West. Mr. Gastesi and Mr. Shillinger addressed the
Board. The Board took no official action.
COMMISSIONER'S ITEM
K3 Emily Schemper, Sr. Director Planning & Environmental Resources, gave a Power Point
Presentation of potential waterfront access for Stock Island residents. Mr. Shillinger addressed
the Board. The following individual addressed the Board: Diane Beruldson.
PUBLIC HEARINGS
Ol 1 A Public Hearing was held to consider an emergency Ordinance setting standards for
when facial coverings must be worn in response to the COVID19 pandemic. Mr. Shillinger gave
a Power Point Presentation. Mr. Gastesi and Mr. Strickland addressed the Board. The following
individuals addressed the Board: Spencer Krenke, representing Masks in Public Project: Daniel
Brooke, Cindy Lewis, Jack Bridges, Bruce Halle, Mayor, City of Layton; Scott Kerr, Robert
"Bob"Eadie, JD, Monroe County Health Department Administrator; and Barbara Maggioni.
After discussion, motion was made by Commissioner Murphy and seconded by Commissioner
Cates to adopt the following draft Ordinance as amended, as follows:
SECTION 2. Definitions.
(2) Business establishment. A "business establishment" means a ar indee-
enelesed location with a roof overhead under which where any business is conducted,
goods are made or stored or processed or where services are rendered. The term
"business establishment" also include locations where non-profit, governmental, and
quasi-governmental entities facilitate public interactions and conduct business. The
term does not include schools servicing students under the age of 18.
SECTION 3. Recommended standards of conduct.
(1) Every person over the age of six * (6N-),) who is away from his or her residence
should wear a face covering when closer than 6 feet to another person with whom he
or she does not reside.
(2) Every person over the age of six (6 ) who is away from his or her residence
should carry a face covering capable of immediate use.
141 P a g e 0.16 1 7 2012 01
(3) Each owner or manager should establish rules for that business establishment that
encourage social distancing, hand washing, and other protective measures for
customers and employees based upon guidelines provided by the Centers of Disease
Control and the State Department of Health.
SECTION 4. Mandatory requirements.
(2) The requirements of this section do not apply to:
d. Business owners, managers, and employees who are in an area of a
business establishment that is not open to customers, patrons, or the
public,provided that 6 feet of distance exists between employees. This
exception does not apply to employees who are present in the kitchen
or other food and beverage preparation area of a restaurant or food
establishment. When an owner, manager, or employee is in their place
of employment but not within six feet of another person, that owner,
manager, or employee does not need to wear a mask.
e. Bar patrons while consuming beverages and/or food
ateeels-established
f. A lodging establishment guest when inside of the lodging unit including
but not limited to a hotel room, motel room, vacation rental unit,
timeshare unit, or similar unit.
�
a she f ise bl i eiat.�e-rt-ate��� �te� e she i �
assistanee.
SECTION 5. Penalties and Enforcement.
by rho St e n,+,,,- ey of the 104 J-Aieial r;,-,.114
rEVe-a f4ne f„r t $500
(2} (1) Civil Citation.
a. A code compliance or law enforcement officer may, upon observation of a
violation by a person who does not immediately put on a face covering after
receiving a warning, issue a notice to appear or civil citation to appear in
County Court.
b. Any person or business establishment prosecuted under this subsection and
found in violation of this ordinance may be punished by a fine of up to
$500.00.
(3} (2) Administrative Notice of Violation.
a. A county or municipal code compliance officer may, upon discovery of a
violation by a person who does not immediately put on a face covering after
receiving a warning, issue a notice of violation and notice to appear before
the code compliance board or special magistrate of that officer's
jurisdiction.
b. Any person or business establishment found in violation of this ordinance
may be fined pursuant to part I of chapter 162, Florida Statutes.
(4) (3) Injunctive relief.
a. The State Attorney of the 16th Judicial Circuit and/or the County Attorney may file
an action for injunctive relief in Circuit Court seeking to enjoin violations that occur
throughout the County, except for violations that occur in a municipality that has
adopted an ordinance in conflict with this ordinance.
b. The City or Village Attorney for a municipality may file an action for injunctive
relief in Circuit Court seeking to enjoin violations that occur with that municipality.
(�} (4) Private Right of Action. Any natural person may seek injunctive relief in the Circuit
Court for the 16th Judicial Circuit to enforce violations of this section against a violator.
Attorney's fees and costs incurred in an action to enforce this ordinance may be awarded
to the substantially prevailing party at the discretion of the court.
(4) (5) Defenses. An owner, manager, and/or employee of a business establishment shall not
be liable in any enforcement action taken under this section for the violations of a guest,
customer, and/or patron if that owner, manager, and/or employee directed that guest,
customer, and/or patron who refuses to wear a face covering to vacate the premises or face
prosecution of trespass.
SECTION 9. Sunset Date. Unless rescinded or extended by subsequent act of the Board, this
ordinance shall sunset on June 1, 2021, subject to quarterly review.
Roll call vote carried unanimously.
ORDINANCE NO. 014-2020
Said Ordinance is incorporated herein by reference.
01 A Public Hearing was held to consider approval of an Ordinance by the Monroe County
Board of County Commissioners amending Section 6-100 of the Monroe County Code of
Ordinances for certain permit exceptions related to pruning, trimming or the removal of trees.
There was no public input. Motion was made by Commissioner Murphy and seconded by
Commissioner Coldiron to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 015-2020
Said Ordinance is incorporated herein by reference.
161Pag e 0.16 1 ? 2012 01
02 A Public Hearing was held to consider approval of an Ordinance by Monroe County
Board of County Commissioners (BOCC) adopting amendments to the Monroe County Land
Development Code to amend Section 101-1 to add definitions for hazardous vegetation, major
pruning, and tree abuse; and to amend Section 114-103 to provide for a pruning and tree removal
permit, fee and mitigation exemption as provided by state statute; and to incorporate a temporary
permitting suspension by the BOCC for the major pruning or removal of native hazardous
vegetation after a natural disaster; 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 and incorporation in the Monroe County Land Development
Code;providing for an effective date. There was no public input. Motion was made by
Commissioner Murphy and seconded by Commissioner Rice to adopt the following Ordinance.
Motion carried unanimously.
ORDINANCE NO. 016-2020
Said Ordinance is incorporated herein by reference.
03 A Public Hearing was held to consider approval of a Resolution transmitting an
Ordinance by the Monroe County Board of County Commissioners adopting amendments to the
Monroe County 2030 Comprehensive Plan to amend Policy 101.5.25 to reduce the open space
ratio for the Recreation (R) Future Land Use Category; 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 and incorporation in the Monroe County
Comprehensive Plan; providing for an effective date. There was no public input. Motion was
made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 183-2020
Said Resolution is incorporated herein by reference.
04 The first of two required Public Hearings was held to consider an Ordinance by Monroe
County Board of County Commissioners adopting amendments to the Monroe County Land
Development Code to amend Section 122-4(b)(4)to eliminate the ability for a
manufactured/mobile home to be placed at an elevation below base flood elevation and Section
130-53 to amend the purpose of the Urban Residential Mobile Home—Limited District(URM-
L)to eliminate provision that provides for a manufactured/mobile home to be placed at an
elevation below base flood elevation and Section 130-100 to add detached dwellings as an as-of-
right use within the Urban Residential Mobile Home—Limited District(URM-L);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 and incorporation
in the Monroe County Land Development Code; providing for an effective date. Mayte
Santamaria, Sr. Planning Policy Advisor, gave a Power Point Presentation. There was no public
input. Motion was made by Commissioner Murphy and seconded by Commissioner Rice to
continue to the second Public Hearing. Roll call vote carried unanimously.
05 A Public Hearing was held to consider a Resolution to transmit to the State Land
Planning Agency an Ordinance by the Monroe County Board of County Commissioners
amending the Monroe County Future Land Use Map from Residential High (RH)to Institutional
(INS) for 32 Ocean Reef Drive, Key Largo, Ocean Reef Club; as proposed by Ocean Reef
Chapel, Inc. (File 42019-220). There was no public input. Motion was made by Commissioner
Rice and seconded by Commissioner Murphy to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 184-2020
Said Resolution is incorporated herein by reference.
06 A Public Hearing was held to consider a Resolution by the Monroe County Board of
County Commissioners transmitting to the state land planning agency an ordinance by the
Monroe County Board of County Commissioners amending Monroe County Comprehensive
Plan Policies 101.3.1, 101.3.5 and 101.3.8 to allow the interchangeability of mobile homes and
RVs within Venture Out and eliminating the possibility to transfer ROGO exemptions from
Venture Out to other locations outside of the Venture Out community, as proposed by
Smith/Hawks, PL on behalf of Venture Out at Cudjoe Cay Condominium Association. (File
42019-066). Cheryl Cioffari, Assistant Director of Planning, gave a Power Point Presentation.
Ms. Schemper, Mr. Shillinger and Ms. Santamaria addressed the Board. The following
individuals addressed the Board: Bart Smith, representing Venture Out; Al Leone, President of
the Board of Directors of Venture Out; Jan Edelstein and Jule King. After discussion, motion
was made by Commissioner Rice and seconded by Commissioner Coldiron to adopt the
following Resolution striking 2 and 7 (Planning Commission's recommendations) as follows:
by Ame ist to identify�he ntimber-RVs, leeations (par-eel !Ds) a*d pr-epeFty owners, a*d a eepy
withiii 30 days ef the stefffl &�,eftt, that idefitify the ewfiefs afid pafeels with RVs that did fie
fy
right tise a*d shall be r-eqttir-ed to r-emove�he RNI a*d may apply for-btiilding per-mits for-a mobile
Roll call vote carried unanimously.
181 P a g e 0.16 1 7 2012 01
RESOLUTION NO. 185-2020
Said Resolution is incorporated herein by reference.
07 A Public Hearing was held to consider approval of an Ordinance by the Monroe County
Board of County Commissioners amending the Monroe County 2030 Comprehensive Plan,
adopting the 10-Year Water Supply Plan Update to be consistent with the South Florida Water
Management District Lower East Coast Water Supply Plan Update of 2018. There was no public
input. Motion was made by Commissioner Rice and seconded by Commissioner Coldiron to
adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 017-2020
Said Ordinance is incorporated herein by reference.
08 A Public Meeting was held for citizens and municipalities to provide input on an
application for grant funds to harden Tavernier Fire Station 22 in the amount of$818,800.00
utilizing Community Development Block Grant- Mitigation Critical Facility Hardening Program
funding from the Florida Department of Economic Opportunity (DEO) funded through the
Federal Housing and Urban Development Agency, after a duly noticed 10 day public comment
period; after a 10 day public notice; and granted approval to submit grant application to DEO.
Helene Wetherington, Disaster Recovery Director, gave a Power Point Presentation. There was
no public input. Motion was made by Commissioner Coldiron and seconded by Commissioner
Murphy granting approval of the item. Motion carried unanimously.
09 A Public Meeting was held for citizens and municipalities to provide input on an
application for grant funds to harden Detention Center on Stock Island utilizing Community
Development Block Grant- Mitigation, Critical Facility Hardening Program funding from the
Florida Department of Economic Opportunity (DEO) funded through the Federal Housing and
Urban Development Agency, after a duly noticed 10 day public comment period; after a 10 day
public notice and Approval to submit grant application to DEO. There was no public input.
Motion was made by Commissioner Rice and seconded by Commissioner Murphy granting
approval of the item. Motion carried unanimously.
010 A Public Hearing was held to consider an application for issuance of a Class A
Certificate of Public Convenience and Necessity (COPCN)to MCT Express, Inc. for the
operation of an ALS Transport Service in Monroe County, Florida for the period June 17, 2020
through June 16, 2022 for responding to requests for inter-facility transports. The following
individual addressed the Board: Chief John Johnson, City of Marathon Fire/Rescue. Chief James
Callahan and Mr. Shillinger addressed the Board. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Murphy to continue the item to the July 15,
2020 BOCC meeting. Motion carried unanimously.
012 A Public Hearing was held to consider approval of a Resolution for a Budget Amendment
of Fiscal Year 2020 One Cent Infrastructure Surtax Fund 304; and Cudjoe Regional Wastewater
Project Fund 312. Mr. Shillinger addressed the Board. There was no public input. Motion was
made by Commissioner Murphy and seconded by Commissioner Rice to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 186-2020
Said Resolution is incorporated herein by reference.
PLANNING& ENVIRONMENTAL RESOURCES, BUILDING
& CODE COMPLIANCE DEPARTMENTS
H1 Ms. Schemper addressed the Board concerning the discussion and direction on the 2019
US Arterial Travel Time and Delay Study and the preparation of the Biennial Assessment of
Public Facilities Capacity Report as well as the level of service and concurrency reviews for
development proposals. After discussion, motion was made by Commissioner Rice and
seconded by Commissioner Coldiron to table the item to the July 15, 2020 BOCC meeting.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVAL
C5 Mr. Strickland addressed the Board concerning the Master Plan for the Florida Keys
Marathon International Airport(MTH) and approval for the Director of Airports to execute,
along with the Federal Aviation Administration (FAA), the FAA approved Airport Layout Plan
for MTH. Sebastian Carreau, Ricondo & Associates, gave a Power Point Presentation update on
the Master Plan. After discussion, motion was made by Commissioner Rice and seconded by
Commissioner Coldiron granting approval of the item. Motion carried unanimously.
CLOSED SESSIONS
Mr. Shillinger requested to continue the following four items (I1, 12, I3 & I4)to July 15,
2020 BOCC meeting:
Il An Attorney-Client Closed Session in the matter of Monroe County BOCC v. Magnolia
101, LLC, et al., Case No. 13-945-P(Fla. 16th Jud. Cir.).
12 An Attorney-Client Closed Session in the matter of Disaster Solutions v. Monroe County,
16th Judicial Circuit Case No. 2019-CA-32-K.
I3 An Attorney-Client Closed Session in the matter of Sunset Garden Estate Land Trust
211012014, by and through its Successor Trustee, Simtrust Group LLC and Sunset Gardens
Farm, LLC v. Monroe County, Florida, Case No. 19-CA-460-P.
I4 An Attorney-Client Closed Session in the matter of BOCC vs. Summerland Key Marina,
LLC and George Secchiaroli, Case No. 2018-CA-1205-K.
Motion was made by Commissioner Rice and seconded by Commissioner Cates to
continue the Closed Sessions to the July 15, 2020 BOCC meeting. Motion carried unanimously.
201Pag e 016 1 ? 2012 01
STAFF REPORT
El Lisa Tennyson, Legislative Affairs & Grants Acquisition Director, gave a Power Point
Presentation on Monroe County Cares Act Funding. Mr. Gastesi addressed the Board.
PLANNING& ENVIRONMENTAL RESOURCES, BUILDING
& CODE COMPLIANCE DEPARTMENTS
H5 Michael Roberts, Assistant Director of Environmental Resources; and Cynthia Guerra,
Principal Biologist, addressed the Board. Bill Lynch, Senior Consultant and Vice-President and
Justin Gregory, Senior Manager and Vice-President of Jones Edmunds, gave a Power Point
Presentation update on DEO Community Planning Technical Assistance Grant 4P0363 to
improve Monroe County's stormwater management guidance and regulations. The Board took
no official action.
COMMISSIONER'S ITEM
K2 Mr. Gastesi, Alan MacEachern, Director Information Technology, Kevin Madok, Clerk
of Court, and Mr. Shillinger addressed the Board concerning the reconsideration of the Board's
conditional approval on May 20, 2020 of the Clerk's implementation of the Enterprise Resources
Planning System. The Board took no official action.
COUNTY ADMINISTRATOR
M1 Mr. Gastesi referred the Board to the County Administrator's monthly report for June
2020. Said report is incorporated herein by reference.
M2 Shannon Weiner, Director of Emergency Management, gave the Board a COVID-19
update.
COUNTY ATTORNEY
NI Mr. Shillinger referred the Board to the County Attorney's report for April through June
2020. Said report is incorporated herein by reference.
Mr. Shillinger clarified that the special meeting called for on July 8, 2020 in Marathon
would begin at 10:00 a.m.
Mr. Shillinger requested to hold an Attorney-Client Closed Session in the matter of
Sugarloaf Wi-Fi, Inc., etc., a Florida Business Corp., vs. Board of County Commissioners of
Monroe County, etc., et al., Case Nos. 3D19-0434 & 3D19-0224, Third District Court of Appeal,
State of Florida, Lower Tribunal No. 17-0631-K. Motion was made by Commissioner Rice and
seconded by Commissioner Coldiron to hold the Closed Session at the special meeting of July 8,
2020. Motion carried unanimously.
N3 Mr. Shillinger and Ms. Weiner addressed the Board concerning approval to advertise a
Public Hearing to consider adoption of an Ordinance establishing Section 11-5 of the Monroe
County Code codifying the hurricane re-entry sticker program and providing penalties for those
who forge and present forged stickers. After discussion, motion was made by Commissioner
Rice and seconded by Commissioner Murphy granting approval of the item. Motion carried
unanimously.
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