09/16/2020 Regular MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, September 16, 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 Rice and seconded by Commissioner Murphy
granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
B 1 Presentation of Years of Service Award for 35 years of service to Calvin Allen, EEO &
ADA Coordinator, Employee Services.
B2 Presentation of Years of Service Award for 35+years of service to Christine Diaz,
Executive Administrator, Employee Services.
B3 Presentation of Mayor's Proclamation declaring October 2020 as Arteriovenous
Malformation Awareness Month.
B4 Presentation of Mayor's Proclamation declaring the week of October 4-10, 2020 as Fire
Prevention Week in Monroe County.
B5 Presentation of Mayor's proclamation declaring the week of September 21-27, 2020 as
Diaper Need Awareness Week in Monroe County, Florida.
BULK APPROVALS
Motion was made by Commissioner Coldiron and seconded by Commissioner Rice
granting approval of the following items by unanimous consent:
C1 Board granted approval to award and execute a Contract with Charley Toppino & Sons in
the amount of$530,029.50 for the construction of the Reduced Scope East Martello Drainage
Phase 11 Improvements to be paid by Tourist Development Council Grant 42158.
C2 Board adopted the following Resolution approving and establishing the 2021 Wellness
Program and funding levels, which includes health and wellness events (lunch and learns, health
and wellness fairs, exercise and nutrition classes), wellness exam and age-appropriate screenings
with a participation incentive that includes a tobacco cessation plan, community organized event
reimbursement(walks, runs, bikes, swims); and approval of the 2021 Wellness Funding. Also
provides for four hours of annual leave to Monroe County BOCC employees and participating
Constitutional Officer(Property Appraiser, Court Administration, Land Authority and Clerk of
Court) employees who participate in the annual Health& Wellness Fair(minimum participation
of biometrics and health coach visit) or visit their personal physician and complete the online
Personal Health Assessment. Due to the COVID-19 pandemic, this also allows for Wellness
Events to be held online/virtually.
RESOLUTION NO. 242-2020
Said Resolution is incorporated herein by reference.
C3 Board granted approval to award bid and authorized execution of a Contract with Charley
Toppino & Sons, Inc. in the amount of$378,000.00 for the construction of the Clarence Higgs
Beach Sand Replenishment Project to be paid by Tourist Development Council Grant No. 1759.
C5 Board granted approval and authorized execution of an Agreement with Baker& Taylor
to procure books and non-print library materials and related ancillary services under the terms of
their Florida State Contract ACS No. 55000000-20-NY-ACS; and approval for Kimberly
Matthews to sign all opening day collection invoices consistent with her purchasing authority.
C6 Board granted approval to award bid and authorized execution of an Agreement with
D.L. Porter Constructors, Inc. in the amount of$175,492.00 for the Demolition and Asbestos,
Lead, and Mold Abatement Project at the Historic Monroe County Jail in Jackson Square. The
project is funded by grants from the TDC and the Division of Historical Resources.
C7 Board accepted the report of Airport Change Orders reviewed by the County
Administrator/Assistant County Administrator for June 2020. Said report is incorporated herein
by reference.
C8 Board granted approval and authorized execution of Jacobs Project Management Co.'s
Task Order No. 12/15-78 in the amount of$701,615.00 for permitting, design and bidding
support documents for tree clearing and mitigation for the required tree removal to support the
shift of Runway 7/25 centerline 40' to the northwest to meet applicable runway-to-taxiway
separation standards at the Florida Keys Marathon International Airport; the task order will be
funded 100%by FAA Grant No. 44-36.
C9 Board granted approval to ratify and authorized execution of the State of Florida,
Department of Transportation, Public Transportation Grant Agreement No. GIP05 providing
$400,000.00 for the Florida Keys Marathon International Airport Design and Construct Hangars
(scope of work includes rehabilitation of storage hangars and T-hangars). Requires $100,000.00
grant match from Marathon Airport Operating Fund 403.
C10 Board granted approval to ratify and authorized execution of the State of Florida,
Department of Transportation, Public Transportation Grant Agreement No. GIP50 providing
$100,000.00 in funding for Florida Keys Marathon International Airport Building and Security
Improvements. Requires $25,000.00 grant match from Marathon Airport Operating Fund 403.
C11 Board granted approval to ratify and authorized execution of the of State of Florida,
Department of Transportation, Public Transportation Grant Agreement No. GIP52 providing
$500,000.00 for the Florida Keys Marathon International Airport Terminal Rehabilitation and
Security Lighting. Requires $125,000.00 grant match from Marathon Airport Operating Fund
403.
C 12 Board granted approval to ratify and authorized execution of the 3rd Amendment to State
of Florida, Department of Transportation, Public Transportation Grant Agreement No. G1008
providing $500,000.00 in additional funding for permitting, design and construction of a new
maintenance storage building at the Key West International Airport; to be funded 50% FDOT;
and 50% Airport Operating Fund 404.
C 13 Board granted approval and authorized execution of the 1 st Amendment to Task Order
for T.Y. Lin International in the amount of$76,570.00 for the monitoring specialists and an
additional survey of the Clarence Higgs Beach Sand Replenishment Project to be paid by Tourist
Development Council Grant No. 1759.
C14 Board granted approval to ratify the submission of a Grant Application to the U.S.
Department of Justice, Bureau of Justice Assistance for the FY2020 Edward Byrne Memorial
Justice Assistance Grant Program Local Solicitation in the amount of$12,149.00. And granted
approval of the funding to be supportive of the Monroe County Drug Court Medical Director
Initiative Program; and granted authorization for the County Administrator to execute acceptance
of the award and related documents. A cash match is not required.
C15 Board accepted the report of monthly Change Orders for the month of August 2020
reviewed by the County Administrator/Assistant County Administrator. Said report is
incorporated herein by reference.
C 16 Board granted approval and authorized execution of an Agreement with the State of
Florida, Department of Environmental Protection, Division of Waste Management, for the Small
County Consolidated Solid Waste Grant No. SC 123, in the amount of$93,750.00, for Fiscal
Year 2020-2021.
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C17 Board granted approval of the ratification of the Federal Aviation Administration AIP
Grant Agreement No. 3-12-0037-061-2020 providing $4,958,363.00 in funding for the Key West
International Airport Noise Insulation Program at Key West by the Sea, Construction
Management& Administration and Construction of Building A (Part 1),preparation of final bid
documents & bid process for Building A (Part 2), Airport Noise Program Coordinator Services,
and Part 150 Noise Exposure Map Update. The project will be funded 100%by FAA.
C18 Board granted approval to waive two minor bid irregularities, granted approval to award
bid and authorized execution of a Contract to the lowest bidder DEC Contracting Group, Inc. in
the amount of$3,081,162.44 for the Key West International Airport Noise Insulation Program
Project at Key West by the Sea, Building A—Part 1.
C19 Board granted approval and authorized execution of Professional Service Order No. 6
with THC, Inc. for the preparation of final bid documents and bid process for Key West By the
Sea, Building A (Part 2, 30 units), Construction Management and Administration of the Key
West International Airport Noise Insulation Program Construction Project at the Key West By
the Sea, Building A (Part 1, 28 units) in the amount of$1,612,078.90. All project cost to be
funded with FAA Grant No. 37-61 (100%). The total number of units may change if
homeowners decide to opt out of the program.
C20 Board granted approval and authorized execution of Avigation Easements and Property
Owner Noise Insulation Agreements for twenty-one, of twenty-eight, units at Key West by the
Sea that are participating in the Key West International Airport Noise Insulation Program
Building A—Part 1 Construction Project.
C21 Board granted approval and authorized execution of Jacobs Project Management Co.'s
Task Order No. 12/15-75 for the Airport Noise Program Coordinator Services in the amount of
$87,714.00. All project cost to be funded with FAA Grant No. 37-61 (100%).
C22 Board granted approval and authorized execution of Jacobs Project Management Co.'s
Task Order No. 12/15-76 for the preparation of Noise Exposure Map Update in the amount of
$169,219.00. All project cost to be funded with FAA Grant No. 37-61 (100%).
C23 Board granted approval to reject all bids for the Florida Keys Marathon International
Airport Terminal Building Rehabilitation and Security Site Lighting Project due to bid
irregularities, insufficient bid information and/or bids over engineer's estimates and available
grant funds and approval to re-advertise as three separate bid solicitations: 1) Terminal Building
Re-roof, 2) Terminal Interior Rehabilitation; and 3) Security Site Lighting. The project is funded
by State FDOT Grant No. GOU78 (80%); and Marathon Airport Operating Fund 403 (20%).
C24 Board adopted the following Resolutions concerning the Transfer of Funds and for the
Receipt of Unanticipated Revenue:
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Transfer of Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 243-2020
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 244-2020
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 245-2020
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 246-2020
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 247-2020
Said Resolution is incorporated herein by reference.
C25 Board granted approval and authorized execution of the 5th Amendment to Lease
Agreement with 1000 Atlantic Boulevard, LLC (Salute Restaurant)to clarify dates in the 4th
Amendment, refund the March 2020 partial rent abatement of$8,987.37, and a CPI-U increase
of 2.3% commencing on August 12, 2020.
C26 Board granted approval to ratify and authorized execution of the Memorandum of
Understanding extending the Union Collective Bargaining Agreement with International
Association of Firefighters Local 3909, Unit 1 and Unit 2, effective October 1, 2020 through
September 30, 2021.
C27 Board granted approval and authorized execution of the 2nd Amendment to Contract No.
AA-2029, Older Americans Act(OAA)between the Alliance for Aging, Inc., the Monroe
County Board of County Commissioners/Monroe County Social Services/In-Home Services and
Nutrition Programs for the contract period of January 1, 2020 through December 31, 2020 to
increase the OAA IIIB and NSIP allocations with non-recurring funding by $11,966.08. This
amendment changes the total OAA Contract funding of$826,410.36 to $838,376.44.
HURRICANE IRMA RECOVERY
D1 Board granted approval to negotiate with the highest ranked respondent Tetra Tech and if
a Contract cannot be reached approval to negotiate with the next highest ranked respondent
(Professional Services Industries, WSP USA, and then GLE Associates)until a contract can be
reached for Environmental and Historical Review Services for the Voluntary Home Buyout
Program funded through Community Development Block Grant- Disaster Recovery (CDBG-
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DR)Funds with no local match. The final contract will be brought back before the BOCC for
approval.
D2 Board granted approval and authorized execution of an Agreement with Barracuda
Builders of Key West, Inc. in the amount of$348,115.00 for repairs to the Blue Heron Park
House damaged during Hurricane Irma.
D3 Board granted approval to award bid and authorized execution of a Contract with
Affordable Asphalt, Inc. for construction of Hurricane Irma Roadway Repairs I Upper Keys
Roads Project in the amount of$149,295.50.
TOURIST DEVELOPMENT COUNCIL
El Announcement of one vacant position on the Tourist Development Council District V
Advisory Committee for one "At Large" appointment.
PLANNING& ENVIRONMENTAL RESOURCES, BUILDING
& CODE COMPLIANCE DEPARTMENTS
J1 Board adopted the following Resolution by the Monroe County Board of County
Commissioners approving the 2018-2019 Biennial Assessment of Public Facilities Capacity
Report.
RESOLUTION NO. 248-2020
Said Resolution is incorporated herein by reference.
J2 Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County and the City of Marathon transferring 20 Affordable Housing ROGO
Allocations from the City to the County for the Monroe County School Board Affordable
Housing Project on Sugarloaf Key.
J3 Board granted approval and authorized execution of the 3rd Amendment to the Contract
between Earthbalance Corporation and Monroe County adding $125,000.00 to the project and
extending the existing contract to May 14, 2021, for the removal of invasive exotic plants from
County-managed lands.
J4 Board granted approval and authorized execution of the 2nd Amendment to the Contract
between Monroe County and Dot Palm Landscaping, Inc., adding $50,000.00 to the project and
extending the existing contract to May 14, 2021, for removal of invasive exotic plants from
County-managed lands.
J5 Board granted approval and authorized execution of a Task Assignment(FK-164)with
the Florida Fish & Wildlife Conservation Commission to receive $100,000.00 which will allow
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.
J6 Board granted approval and authorized execution of a Task Assignment(FK-167)with
the Florida Fish & Wildlife Conservation Commission to receive $40,000.00 which will allow
the County to hire a contractor to remove invasive exotic plants on conservation lands that are
owned or managed by Monroe County.
J8 Board granted approval and authorized execution of a Contract with Erin L. Deady P.A.,
the top ranked respondent to the Request for Proposals for the development of Adaptation Action
Areas.
SHERIFF'S OFFICE
Ll Board granted approval and authorized execution of the 2nd Amendment to the Marathon
Police Services Agreement.
HEALTH DEPARTMENT
M1 Board granted approval and authorized execution of the Contract between Monroe
County Board of County Commissioners and the State of Florida, Department of Health for
operation of the Monroe County Health Department, Contract Year 2020-2021.
COMMISSIONER'S ITEM
N3 Board granted approval to terminate the Agreements with Johnson Controls, Inc. and
upon termination approval to accept the proposal from Barnes Alarm Systems, Inc. to install
cameras, license plate readers and to perform maintenance on the installed security equipment.
The finalized agreement will be processed as a small contract.
COUNTY CLERK
01 Board granted approval to rescind the Pt Amendment to Social Services Shopping Center
Lease Agreement at the Tradewinds site in Key Largo as to the Landlord's new address and
County contract monitor address under the "Notice or Other Communications" provision of the
Lease.
02 Board adopted the following Resolution accepting the proposal of Truist Bank as a lender
to provide the County with term loan in the amount of not to exceed $4 million, to finance the
acquisition, installation and implementation of a new enterprise resource planning system;
approving the form of a loan agreement; authorizing issuance of a promissory note to be repaid
from non-ad valorem revenues; authorizing negotiation of final terms with the lender; and
authorization for Mayor, Clerk and County Administrator to sign all necessary documents.
RESOLUTION NO. 249-2020
Said Resolution is incorporated herein by reference.
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03 Board granted approval to remove surplus equipment from inventory via disposal or
advertise for bid. Said list is incorporated herein by reference.
04 Board granted approval of Tourist Development Council expenses for the month of
August 2020, as follows: Advertising, in the amount of$1,048,226.60; Bricks & Mortar Projects,
in the amount of$377,467.89; Events, in the amount of$86,423.73; Office Supplies & Operating
Costs, in the amount of$32,612.06; Personnel Services, in the amount of$108,059.65; Public
Relations, in the amount of$81,494.70; Sales & Marketing, in the amount of$26,345.65;
Telephone &Utilities, in the amount of$12,892.14; and Visitor Information Services, in the
amount of$89,379.42.
05 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.
06 Board granted approval of BOCC Warrants 10073136-10074314, (PR Checks), 3132179-
3133398 (PR Voucher), 26204-26300 (WC)for the month of August 2020, as follows: 001
General Fund, in the amount of$2,434,278.14; 101 Fine & Forfeiture, in the amount of
$4,511,757.57; 102 Road/Bridges, in the amount of$205,550.49; 115 Tourist Development
Council-Two Penny, in the amount of$297,834.28; 116 TDC - Admin Promo 2 Cent, in the
amount of$616,750.79; 117 TDC - District 1 Third Cent, in the amount of$377,183.52; 118
TDC - District 2 Third Cent, in the amount of$75,886.90; 119 TDC - District 3 Third Cent, in
the amount of$415,190.86; 120 TDC - District 4 Third Cent, in the amount of$92,125.75; 121
TDC - District 5 Third Cent, in the amount of$127,784.47; 125 Grant Fund, in the amount of
$1,150,933.68; 141 Fire/Ambulance, in the amount of$810,860.53; 147 Unincorporated Service,
in the amount of$116,692.78; 148 Planning Building, in the amount of$494,055.95; 149
Municipal Policing, in the amount of$605,427.11; 150 E911 Enhancement Fund, in the amount
of$128,881.03; 152 Duck Key Security, in the amount of$8,103.20; 153 Local Housing
Assistance, in the amount of$172,633.21; 157 Boating Improvement Fund, in the amount of
$17,835.65; 158 Miscellaneous Special Revenue Fund, in the amount of$53,634.67; 160
Environmental Restoration, in the amount of$14,266.87; 163 Court Facilities, in the amount of
$9,308.63; 180 Building Funds, in the amount of$283,266.11; 304 1 Cent Infrastructure, in the
amount of$246,745.40; 312 Cudjoe Regional WW Project, in the amount of$6,813.49; 314
Series 2014 Revenue Bonds, in the amount of$1,070,223.63; 316 Land Acquisition, in the
amount of$550.00; 401 Card Sound Bridge, in the amount of$14,197.18; 403 Marathon
Airport, in the amount of$54,727.20; 404 Key West Intl Airport, in the amount of$527,160.44;
406 PFC & Operating Restrictions, in the amount of$1,011,567.06; 414 MSD Solid Waste, in
the amount$1,944,372.46; 501 Workers' Compensation, in the amount of$171,041.21; 502
Group Insurance Fund, in the amount of$1,782,090.83; 503 Risk Management Fund, in the
amount of$136,962.61; and 504 Fleet Management Fund, in the amount of$194,836.04.
07 Board granted approval of the minutes from the special meeting of June 4, 2020 and the
regular meeting of June 17, 2020. Said minutes are incorporated herein by reference.
COUNTY ADMINISTRATOR
P1 Board accepted the County Administrator's monthly report for September 2020. Said
report is incorporated herein by reference.
P3 Board granted approval to accept the, no cost, time extension lst Amendment to Grant
Agreement No. X7-0 I D00020-0 from the United States Environmental Protection Agency for
three canal planning projects to address water quality issues, canal management and sargassum
management within canals in the Keys, extending the time from October 30, 2020 to December
31, 2020.
P4 Board granted approval and authorized execution of Task Order No. 1 IA with Wood
Environment& Infrastructure Solutions, Inc. extending the time from October 30, 2020 to
December 31, 2020 at no cost as authorized by the United States Environmental Protection
Agency Grant X7-0ID00020-1, for three canal planning projects to address water quality issues,
canal management and sargassum management within canals in the Keys; under the General
Project Management Services On-call Contract for Category A services.
COUNTY ATTORNEY
Q2 Board granted approval of the proposal from Florida League of Cities to renew the 2020-
2021 Liability Insurance and Excess Workers' Compensation Insurance Program for an annual
premium of$453,145.00. The premium represents an increase of$14,080.00 (3.2%).
Q3 Board granted authorization to initiate litigation against Kathleen Daansen Revocable
Trust, dated March 11, 2016 and their property, 25326 3rd Street, Summerland Key, Florida, to
enforce the lien(s) arising from Code Compliance Case Number CE16080046.
Q4 Board granted authorization to initiate litigation against Daniel J. Shearer& Patricia A.
Norris-Shearer and their property, 27985 Tarpon Terrace, Little Torch Key, Florida, to seek
compliance with the County Code and enforce the lien(s) arising from Code Compliance Case
Number CE18030037.
Q5 Board granted approval to purchase insurance for Monroe County emergency vehicles
and portable equipment from American International Group through the VFIS insurance agency;
approval to use competitive bidding procedures purchase exemption; and authorization for the
Risk Management Administrator to sign the Florida Consent to Rate/Excess Rate Application
and all other necessary documents.
Q6 Board granted authorization to initiate litigation against Wilbur Wright 725 LLC and
their property, 60 Riviera Drive, Big Coppitt Key, Florida, to seek compliance with the County
Code and enforce the lien(s) arising from Code Compliance Case Number CE15060064.
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Q7 Board granted approval of an hourly rate increase in Administrative Law Judge (Hearing
Officer) Services Contract with the Division of Administrative Hearings from $153.00 per hour
to $155.00 per hour, effective October 1, 2020.
Q8 Board granted approval to ratify and authorized execution of the Contract for legal
services with Stearns, Weaver, Miller, Aldhadeff& Sitterson, P.A. and Abigail Corbett to
provide legal research and analysis in connection with the tolling of U.S. 1; and granted approval
of a limited waiver of a conflict of interest.
Q9 Board granted approval of request for conflict waiver from the law firm of Bryant Miller
Olive (BMO), to allow BMO to represent Truist Bank for purpose of negotiating a$4 million
term loan for the ERP system if Truist Bank is approved as the lender; and authority for the
County Attorney or his designee to sign the conflict waiver letter.
FACILITIES MAINTENANCE
T1 Board granted approval and authorized execution of a Lease with Wharf Marina, Inc. for
office space for the Public Defender in Marathon effective October 1, 2020. The lease term is for
three years at$72,000.00 per year.
BUDGET AND FINANCE
T2 Board granted approval to advertise for competitive solicitations for Security Patrols and
Services for the Duck Key Security District.
Motion carried unanimously.
HURRICANE IRMA RECOVERY
D5 Tina Boan, Sr. Director of Budget& Finance, gave a report of Hurricane Irma finance
activity by the Office of Management& Budget. Bob Shillinger, County Attorney, addressed the
Board.
COVID-19
Il Shannon Weiner, Director of Emergency Management, gave a COVID-19 update for
September 2020.
STAFF REPORT
F 1 Emily Schemper, Sr. Director of Planning & Environmental Resources, gave a Power
Point Presentation update on the proposed revisions to the Florida Keys Area of Critical State
Concern Work Program. Rhonda Haag, Chief Resilience Officer; and Roman Gastesi, County
Administrator, addressed the Board.
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COVID-19
Il Bob Eadie, JD, Administrator& Health Officer for the Monroe County Health
Department, gave a COVID-19 update for September 2020. Ms. Weiner addressed the Board.
STAFF REPORTS
F2 Christine Hurley, Assistant County Administrator, gave a Power Point Presentation on
the Department of Economic Opportunity Rebuild Florida Program.
F3 Cary Knight, Director of Project Management, gave a Power Point Presentation update
on the Emergency Operations Center. Mr. Gastesi addressed the Board.
COMMISSIONER'S ITEM
N1 Ms. Hurley gave a Power Point Presentation update on the status of countywide pump-
out services, on the status of the active issued Request for Proposal for mobile pump-out service,
on the status of negotiations with municipalities in providing pump-out services, and on the
status of how many public marinas and/or marine facilities are in compliance with the County
requirements to provide pump-out services. The Board took no official action.
PLANNING &ENVIRONMENTAL RESOURCES, BUILDING
& CODE COMPLIANCE DEPARTMENTS
J7 Ms. Hurley gave a Power Point Presentation regarding the approval of the 6th
Amendment to Contract with Lori Lehr related to projects necessary for a Community Rating
System (CRS) application for Class 4 which would yield a 30% discount(going from a savings
of$5,135,345.00 to $6,156,964.00 annually) for National Flood Insurance Program following
October 2020; decreasing the total FY2020-FY2021 cost by $1,800.00 from $327,525.00 to
$325,725.00; postponing certain projects or portions thereof from FY2020-FY2021; deleting or
discontinuing certain projects; and adding a new CRS Program Management Support Services
project. Mr. Gastesi addressed the Board. After discussion, motion was made by Commissioner
Rice and seconded by Commissioner Coldiron granting approval of the item. Motion carried
unanimously.
COMMISSIONER'S ITEMS
N2 Kevin Wilson, Assistant County Administrator; Mr. Shillinger and Mr. Eadie addressed
the Board concerning Lower Keys Rotary Club's Annual Fall Festival at the Big Pine
Community Park. Thomas Ryan, President of the Lower Keys Rotary Club, addressed the
Board. After discussion, motion was made by Commissioner Coldiron and seconded by
Commissioner Cates to allow the Lower Keys Rotary Club to hold the haunted house at the Big
Pine Community Park with the caveat of them getting the correct insurance. Roll call vote was
taken with the following results:
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Commissioner Cates Yes
Commissioner Coldiron Yes
Commissioner Murphy No
Commissioner Rice Yes
Mayor Carruthers Yes
Motion carried.
N4 Mr. Gastesi, Ms. Haag, Mr. Shillinger, Judith Clarke, Director of Engineering/Roads &
Bridges; and Ms. Boan addressed the Board concerning direction to staff to begin to explore the
process to levy a Municipal Service Benefit Unit to fund Sea Level Rise Adaptation Projects,
including the Twin Lakes and Sands Subdivisions Pilot Projects which are unable to be fully
funded with limited capital funds, grant funds and other funding sources; and to continue to seek
other funding sources. The Board took no official action.
PUBLIC HEARINGS
R1 A Public Hearing was held to consider an application for issuance of a Class A
Certificate of Public Convenience and Necessity to Florida Keys Ambulance Service, Inc., d/b/a
Key West Ambulance, for the operation of an ALS Transport Service in Monroe County, Florida
for the period September 22, 2020 through September 21, 2022 for responding to requests for
inter-facility transports only. Mr. Shillinger and Chief James Callahan, Fire Rescue; and Pedro
Mercado, Assistant County Attorney, addressed the Board. The following individual addressed
the Board: Chief John Johnson, City of Marathon Fire Rescue. After discussion, motion was
made by Commissioner Cates and seconded by Commissioner Coldiron to deny the application.
Roll call vote carried unanimously.
R2 A Public Hearing was held to consider an application for issuance of a Class B Certificate
of Public Convenience and Necessity to Florida Keys Ambulance Service, Inc., d/b/a Key West
Ambulance, for the operation of a BLS Transport Service in Monroe County, Florida for the
period September 17, 2020 through September 16, 2022 for all geographical locations in Monroe
County, Florida. There was no public input. Motion was made by Commissioner Coldiron and
seconded by Commissioner Cates to deny the application. Motion carried unanimously.
R3 The first of two required Public Hearings was held to consider an Ordinance by the
Monroe County Board of County Commissioners adopting amendments to the Monroe County
Land Development Code to amend Section 130-75, the permitted and conditional uses of the
Airport District, to eliminate the conditional use requirement for public airports;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 (File 2020-081).
Ms. Schemper and Richard Strickland, Director of Airports, addressed the Board. There was no
public input. The Board took no official action.
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Ms. Schemper gave a Power Point Presentation on the following two items (R4 & R5).
Mr. Wilson addressed the Board. There was no public input. After discussion, motion was made
by Commissioner Rice and seconded Commissioner Coldiron to adopt the following two
Ordinances:
R4 A Public Hearing to consider 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.
ORDINANCE NO. 030-2020
Said Ordinance is incorporated herein by reference.
R5 A Public Hearing to consider an Ordinance by the Monroe County Board of County
Commissioners adopting amendments to the Monroe County Land Development Code Section
130-164 to reduce the open space ratio for the Park& Refuge (PR) Land Use (Zoning) District;
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.
ORDINANCE NO. 031-2020
Said Ordinance is incorporated herein by reference.
Roll call vote carried unanimously.
R6 A Public Hearing was held to consider possible amendments to Ordinance No. 026-2020,
the amended mask Ordinance adopted August 19, 2020, in response to the COVID-19 pandemic.
Mr. Shillinger addressed the Board. There was no public input. After discussion, motion was
made by Commissioner Rice and seconded by Commissioner Coldiron to adopt the following
Ordinance, with the following amendment:
WHEREAS, the Board finds that $250 is a reasonable amount to impose as a fine on a
person who does not wish to contest a citation; and
WHEREAS, The Board finds it necessary to clarify the ordinance to make it clear that a
business operator, employee, or customer must wear a face covering while inside of any portion
of a business establishment that is open to the public, except as specified; and..
WHEREAS, the Board finds it necessary to direct the Clerk to deposit any fines collected
into the account for the General Purposes Municipal Service Taxing Unit, FUND 148, less any
statutory fees due to the clerk.
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Roll call vote carried unanimously.
ORDINANCE NO. 032-2020
Said Ordinance is incorporated herein by reference.
Ms. Schemper gave a Power Point Presentation on the following two items (R7 & R8).
There was no public input. After discussion, motion was made by Commissioner Rice and
seconded Commissioner Coldiron to adopt the following two Ordinances:
R7 A Public Hearing to consider adoption of 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. (2019-220).
ORDINANCE NO. 033-2020
Said Ordinance is incorporated herein by reference.
R8 A Public Hearing to consider adoption of an Ordinance by the Monroe County Board of
County Commissioners amending the Monroe County Land Use District(Zoning) Map from
Urban Residential (UR)to Suburban Commercial (SC)/Institutional (1) Overlay for 32 Ocean
Reef Drive, Ocean Reef, Key Largo, as proposed by Ocean Reef Chapel, Inc. (File 2019-221).
ORDINANCE NO. 034-2020
Said Ordinance is incorporated herein by reference.
Roll call vote carried unanimously.
R9 A Public Hearing was held to consider approval of a Resolution for a Budget Amendment
of Fiscal Year 2020 for the Law Enforcement Trust Fund, Fund 162. The budget amendment is
needed to accommodate the new directive issued by the Department of Justice and the
Department of Treasury to transition the Sheriffs equitable sharing accounts to the County
Finance Offices. Ms. Boan addressed the Board. There was no public input. After discussion,
motion was made by Commissioner Rice and seconded by Commissioner Coldiron to adopt the
following Resolution. Motion carried unanimously.
RESOLUTION NO. 250-2020
Said Resolution is incorporated herein by reference.
CLOSED SESSIONS
Mr. Shillinger addressed the Board. Motion was made by Commissioner Coldiron and
seconded by Commissioner Rice to continue the following items (K1 to K7)to the October 21,
2020 BOCC meeting, with the caveat that the County Attorney will work with each
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Commissioner's aide to find a date between now and then to hold a special meeting on; and then
the Mayor will call a special meeting onsite on the special meeting date:
K1 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.).
K2 An Attorney-Client Closed Session in the matter of Disaster Solutions v. Monroe County,
16th Judicial Circuit Case No. 2019-CA-32-K.
K3 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.
K4 An Attorney-Client Closed Session in the matter of BOCC vs. Summerland Key Marina,
LLC and George Secchiaroli, Case No. 2018-CA-1205-K.
K5 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 ofAppeal, State ofFlorida, Lower Tribunal No.
17-0631-K.
K6 An Attorney-Client Closed Session in the matter of Board of County Commissioners of
Monroe County, Florida v. Jerome Pfahning, Case No. 15-CA-214-K.
K7 An Attorney-Client Closed Session in the matter of Florida Keys Aqueduct Authority, et.
al. v. Florida Power and Light and Florida Department of Environmental Protection, Division of
Administrative Hearings Case Nos. 20-2967 and 20-2968.
Motion carried unanimously.
COMMISSIONER'S ITEM
N5 Mr. Gastesi and Bryan Cook, Director of Employee Services, addressed the Board
concerning the administration of Emergency Response Pay Resolution 148-2020 in response to
Tropical Storm Laura,possibility of alternative forms of compensation for managers, and
specific designation of eligible employees or groups of employees during emergencies. The
Board took no official action.
LEGISLATIVE UPDATE
Congresswoman Debbie Mucarsel-Powell gave a legislative update.
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COUNTY ADMINISTRATOR
P2 Kimberly Matthews, Sr. Director of Strategic Planning; and Mr. Gastesi addressed the
Board concerning approval of the AchieveIt Software Application Contract for $33,150.00
annually (for a total of$99,450.00 for 3 years). AchieveIt, as the sole provider of this software
platform, will provide the Office of Strategic Planning -the capability to create, track and
manage county-wide department level performance measures and data, on one platform, for the
purpose of increased government efficiency and effectiveness. The contract commitment is for
three years to obtain a 15% discount annually. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Rice granting approval of the item. Roll
call vote was taken with the following results:
Commissioner Cates No
Commissioner Coldiron No
Commissioner Murphy Yes
Commissioner Rice Yes
Mayor Carruthers No
Motion failed.
COUNTY ATTORNEY
Q1 Mr. Shillinger addressed the Board concerning the County Attorney Report for
September 2020. Steve Williams, Assistant County Attorney, addressed the Board.
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
J ameea.C;.mancack,IO.C.
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