Item O1 0.1
BOARD OF COUNTY COMMSSIONERS
County of Monroe f
Mayor Heather Carruthers,District 3
h} ] Mayor Pro Tem Michelle Coldiron,District 2
The Florida Keys Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
October 213, 2020
Agenda Item Number: 0.1
Agenda Item Summary #7454
BULK ITEM: Yes DEPARTMENT: County Clerk of Court
TIME APPROXIMATE: STAFF CONTACT: Pamela Hancock(305) 292-3550
N/A
AGENDA ITEM WORDING: Approval of the minutes from the July 8, 2020 budget meeting;
July 15, 2020 regular meeting; July 21, 2020 special meeting; and July 27, 2020 budget meeting.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
8. July 8
9. July 15
10. July 27
10. July 21
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Packet Pg. 3646
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
N/A
REVIEWED BY:
Kevin Madok Skipped 10/05/2020 3:11 PM
Cynthia Hall Completed 10/05/2020 3:45 PM
Liz Yongue Completed 10/05/2020 4:14 PM
Board of County Commissioners Pending 10/21/2020 9:00 AM
Packet Pg. 3647
0.1.a
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Budget Meeting
Board of County Commissioners
Wednesday, July 8, 2020
Via Communication Media Technology
A budget meeting of the Monroe County Board of County Commissioners convened at
10:00 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; Sally Abrams, Deputy Clerk; county staff, members of the press and radio; and the
general public.
ADDITIONS, CORRECTIONS AND DELETIONS
Al There were no Additions, Corrections or Deletions to the agenda. Motion was made by
Commissioner Coldiron and seconded by Commissioner Rice granting approval of the agenda.
Motion carried unanimously. 2
CLOSED SESSION
00
21
B1 Bob Shillinger, County Attorney, requested to continue the Attorney-Client Closed
Session in the matter of Sugarloaf Wi-Fi, Inc., etc., a Florida Business Corp., vs. Board of 06
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. Motion was
made by Commissioner Rice and seconded by Commissioner Cates to move the closed session to U
the July 15, 2020 meeting in Marathon. Motion carried unanimously.
BUDGET PRESENTATION AND DISCUSSION
C1 Roman Gastesi, County Administrator, gave a Power Point Presentation on the Fiscal
Year 2021 Proposed Budget. Tina Boan, Sr. Director of Budget& Finance; Christine Hurley,
Assistant County Administrator; Rhonda Haag, Chief Resilience Officer; and Judith Clarke,
Director of Engineering Services, addressed the Board. The following individuals addressed the
Board: Stephanie Russo and Annalise Mannix.
COMMISSIONERS' COMMENTS
D1 Bob Shillinger, County Attorney, Ms. Hurley and Cynthia McPherson, Sr. Director of
Code Compliance, addressed the Board.
I I P a g e 07 / 08 / 2 0
Packet Pg. 3648
0.1.a
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
Safe,,a6wn",o.e.
0
2
CL
CL
00
21
U
Packet Pg. 3649
0.1.b
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, July 15, 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 0
granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried
unanimously. 2
PRESENTATION OF AWARDS
Ln
V_
21
B1 Presentation of Years of Service Plaque, by Representative Holly Raschein, to Mr. Frank
P. Toppino for his service on the Contractor's Examining Board and Construction Board of
Adjustment and Appeals.
a�
B2 Presentation of Years of Service Award for twenty-five years of service to Mary
Wingate, Chief of Floodplain Regulatory Operations, Building Department.
BULK APPROVALS
Motion was made by Commissioner Murphy and seconded by Commissioner Coldiron
granting approval of the following items by unanimous consent:
C1 Board granted approval for the County Administrator to send a letter and proposed Lease
Amendment providing for mutual termination of the Agreement between the County and
Archdiocese of Miami for use and maintenance of the athletic field at St. Peter Catholic Church
on Big Pine Key; and approval for the Mayor to execute the amendment upon receipt of the
executed copy from the Archdiocese.
I I P a g e 0711512 0 0
Packet Pg. 3650
0.1.b
C2 Board granted approval and authorized execution of the 1st Amendment to Agreement
with Air Mechanical & Service Corp. for Chiller Maintenance and Service in Monroe County, to
revise certain contract provisions and add Federal requirements. Funding is ad valorem.
C3 Board granted approval to award bid and authorized execution of a five-year Contract for
$64,800.00 annually, $324,000.00 over five-years, with CleartrackHR, Inc. for continuation of
the County's Benefits Administration System which provides electronic management of benefits
eligibility, enrollment, data file feeds to carriers, compliance, reporting and other related
processes; and approval to waive hard copy signature in the submitted proposal.
C4 Board granted approval and authorized execution of a three year renewal with Minnesota
Life for Group Term Life/Accidental Death and Dismemberment and Supplemental Life
effective October 1, 2020 to September 30, 2023 with no increase in cost and no plan design
changes; and approval for the Employee Services Director to sign all necessary documents.
C5 Board granted approval and authorized execution of the Employment Agreement with
Mayte Machado for Fire Rescue EMS Billing Specialist position.
C6 Board granted approval of an Agreement with the State of Florida, Division of
Emergency Management, concerning an Emergency Management Preparedness and Assistance 0
Base Grant(Agreement No. A0110) in the amount of$105,806.00, fully grant funded with no
county match; and authorization for the County Administrator to execute any required 2
documentation in relation to the grant.
C7 Board granted approval of an Agreement with the State of Florida, Division of V_
21
Emergency Management, concerning an Emergency Management Performance Grant
(Agreement No. G0158) in the amount of$67,351.00, fully grant funded and no County match;
and authorization for the County Administrator to execute any required documentation in
relation to the grant.
E
U
C8 Board granted approval of an Agreement with the State of Florida, Division of
Emergency Management, regarding an Emergency Management Performance Grant COVID-19
Supplemental in the amount of$10,454.52; and authorization for the County Administrator to
execute any required documentation in relation to the grant.
C9 Board granted approval of a two-year Contract renewal with Delta Dental for dental
benefits for eligible County employees, retirees, and dependents; and approval for the Employee
Services Director to sign all necessary documents. This agreement maintains the County's
existing Dental plan and includes no changes in cost or coverage.
C10 Board granted approval of the ratification, retroactively to July 1, 2020, of the Board's
approval on May 20, 2020 of a five-year Contract with the Humane Animal Care Coalition for
animal control services in the Upper Keys. The cited attachments and exhibits to the contract
were inadvertently omitted from the agenda backup and are now included. The contract amount
is $325,000.00 a year and it is funded from ad valorem revenues.
2 1 P a g e 0711512 0 0
Packet Pg. 3651
0.1.b
C11 Board granted approval to advertise for one food and one non-food mobile vendor at
Higgs Beach.
C12 Board granted approval to advertise a Request for Qualifications for Continuing
Engineering and Surveying Services for miscellaneous projects in which construction costs do
not exceed $500,000.00; or for study activity if the fee for professional services for each
individual study does not exceed $50,000.00.
C13 Board granted approval and authorized execution of a Mutual Aid Agreement between
Monroe County and Ocean Reef for the provision of firefighting assistance.
C14 Board granted approval of the 1st Amendment to the Fiscal Year 2020 Agreement under
the Human Services Advisory Board Funding Program with Womankind to amend Attachment C
to include funding for medical supplies and medical laboratory cost.
C15 Board granted approval of a corrected scrivener's error for 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 0
33040; correcting Task Order amount error in Section 2 of the Task Order.
2
CL
C16 Board granted approval and authorized execution of the 1st Amendment to Agreement CL
with Master Mechanical Services, Inc., for Upper Keys HVAC Maintenance & Service, to
increase the annual compensation amount by $30,000.00; and revise Maintenance of Records V_
21
Provision. Funding is ad valorem.
C17 Board granted approval of invoices over $50,000.00 relating to the declared State of
Local Emergency on March 15, 2020, due to COVID-19, in accordance with Monroe County
Code Section 2-347(k), Section 11-3 and Chapter 7. (B.) Emergency Purchases of the Monroe
County Purchasing Policy.
C18 Board accepted the report of monthly Change Orders for the month of June 2020
reviewed by the County Administrator/Assistant County Administrator. Said report is
incorporated herein by reference.
C19 Board granted approval to award bid and authorized execution of an Agreement with Sea
Tech of the Florida Keys, Inc. in the amount of$111,525.00 for the Roof Replacement at the
Historic Monroe County Jail in Jackson Square. Funding is through two grants.
C20 Board granted approval and authorized execution of the 6th Amendment to the FKSPCA
Lower Keys Contract for animal control services; providing for a CPI adjustment of$12,670.40
(2.3%) funded by ad valorem revenues. The amendment also provides for reimbursing certain
expenses in the month they are incurred to avoid additional fees on FKSPCA's part.
3 1 P a g e 0711512 0 0
Packet Pg. 3652
0.1.b
C21 Board granted approval to award bid and to negotiate an Agreement with Capital Rx,
Inc., to provide Pharmacy Benefits Management Services for employees, retirees, and
dependents beginning January 1, 2021; and also the authority to negotiate an Agreement with the
second place company (EHO); or third place company (Envision) if, for any reason, staff is
unable to negotiate an agreement with Capital Rx.
C23 Board granted approval and authorized execution of a three-year Contract extension with
Quality Investment Properties Miami, LLC for $101,988.00 per year; or $305,964.00 over the
three-year agreement; which provides protected (constructed to withstand Hurricane Category 5
winds) storage space for County servers, holding county data.
C24 Board granted approval and authorized execution of the 4th Amendment to the Animal
Control Contract for the middle keys with FKSPCA to allow the reimbursement of non-recurring
expenses like insurance premiums in the month they are incurred.
C25 Board accepted the report of Airport Change Orders for the month of June 2020 reviewed
by the County Administrator/Assistant Administrator. Said report is incorporated herein by
reference.
C26 Board granted approval to award bid and authorized execution of a Contract with the low 0
bidder D.L. Porter Constructors, Inc. in the amount of$2,375,633.00 to construct a new elevated
Maintenance Storage Facility at the Key West International Airport. The elevated maintenance 2
storage facility is needed to protect equipment while not in use and to provide a safe environment
for airport staff to perform routine maintenance. The project is being funded by FDOT Grant
G1008 (50%); and Airport Operating Fund 404 (50%); and anticipated Fiscal Year 2020/21 V_
21
FDOT Supplement Grant Agreement No. 2, in the amount of$500,000.00; with 50%match from
Airport operating fund 404.
C27 Board granted approval and authorized execution of McFarland Johnson Task Order No.
2020-03 in the amount of$445,132.00 for construction services for the Airport Maintenance
Facility at the Key West International Airport; to be paid(50%) from FDOT Grant G1008; and
(50%) from Airport Operating Fund 404.
C28 Board granted approval to rescind the 2nd Amendment to Contract with the Monroe
County Sheriff's Office for Law Enforcement and Security Services at Key West International
Airport, approved at the June 17th BOCC meeting; and granted approval and authorized
execution of the revised 2nd Amendment reducing four positions funded under the contract from
29 to 25 as shown in Exhibit A of the Agreement. Three positions were removed at the June 17th
BOCC meeting and the revised agreement reduces one additional, vacant position, for a total of
four. The contract is paid by Airport Operating Fund 404.
C29 Board granted approval and authorized execution of an Agreement between Florida
Power and Light Company and the Monroe County Board of County Commissioners in the
amount of$313,438.00, fully funded and no County match, concerning Radiological Emergency
4 1 P a g e 0711512 0 0
Packet Pg. 3653
0.1.b
Preparedness for Fiscal Year 2021 and Fiscal Year 2022, and authorization for the County
Administrator to execute any required documentation in relation to the agreement process.
C31 Board granted approval and authorized execution of Coronavirus Aid, Relief, and
Economic Safety ACT Contract KCA-2029 between the Alliance for Aging, Inc., and Monroe
County Board of County Commissioners/Social Services In-Home and Nutrition Programs for
the contract period of April 1, 2020 through September 30, 2021.
C32 Board granted approval and authorized execution of Alzheimer's Disease Initiative
Program Contract KZ-2097 between the Alliance for Aging, Inc., and Monroe County Board of
County Commissioners/Monroe County Social Services In-Home Services for the Contract Year
2020-2021 (July 1, 2020-June 30, 2021) in the amount of$170,367.24.
C33 Board granted approval and authorized execution of a Lease Agreement with Charlene P.
Helba Trustee, Jules I. Beckwitt Revocable Trust for approximately 1,777 square feet of
unimproved land at the Florida Keys Marathon International Airport in the amount of$ 2,612.19
per year.
C34 Board granted approval and authorized execution of the Renewal and 2nd Amendment to
the Customs Service Agreement between Monroe County and the Marathon Jet Center renewing 0
agreement for three years and adding language to the agreement that the Airport will be
responsible for absorbing the cost difference increase from the flat rate salary to the new full cost 0-
CL
recovery rate for the CBP Officer assigned to the Florida Keys Marathon International Airport. CL
C35 Board granted approval and authorized execution of the 2nd Amendment to Agreement V_
21
with Synovia Solutions, LLC, for GPS based transportation management software services, to
exercise the first renewal term retroactive to June 6, 2020, and to combine the two previous
monthly compensation amounts into one monthly payment of$10,912.00.
C36 Board granted approval of the transmittal of the County Administrator's Fiscal Year 2021
U
Recommended Budget. Said transmittal is incorporated herein by reference.
C37 Board adopted the following Resolutions concerning the Transfer of Funds and for the
Receipt of Unanticipated Revenue:
Receipt of Unanticipated Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 187-2020
Said Resolution is incorporated herein by reference.
Transfer Of Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 188-2020
Said Resolution is incorporated herein by reference.
5 1 P a g e 0711512 0 0
Packet Pg. 3654
0.1.b
Transfer Of Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 189-2020
Said Resolution is incorporated herein by reference.
Transfer Of Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 190-2020
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 191-2020
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 192-2020
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 193-2020
Said Resolution is incorporated herein by reference.
0
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 194-2020 2
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 9). V-
21
RESOLUTION NO. 195-2020
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 196-2020 M
U
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 197-2020
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 198-2020
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 199-2020
Said Resolution is incorporated herein by reference.
6 Page 0711512 0 0
Packet Pg. 3655
0.1.b
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 200-2020
Said Resolution is incorporated herein by reference.
HURRICANE IRMA RECOVERY
D2 Board granted approval and authorized execution of the 1st Amendment to Task Order for
Engineering Design and Permitting Services for the Boca Chica Road Restoration Project for
repairs due to Hurricane Irma. The amendment adds engineering design and state and federal
permitting for a 400 foot long buried retaining wall structure for a, not to exceed, cost of
$51,575.00. The wall was approved by the Federal Emergency Management Agency as a
mitigation measure.
D3 Board granted approval and authorized execution of an Agreement with Sea Tech of the
Florida Keys, in the amount of$158,425.00, for repairs to the Key Largo Community Park
damaged during Hurricane Irma.
D4 Board granted approval to advertise a bid solicitation to repair four T-Hangar Buildings
at the Florida Keys Marathon International Airport that were damaged during Hurricane Irma.
The project will be funded by FDOT and/or Airport Operating Fund 403. 0
TOURIST DEVELOPMENT COUNCIL 2
E1 Board granted approval and authorized execution of the 1st Amendment to Agreement
with Key West Art and Historical Society, Inc. for the Custom House Mechanical Repairs Phase V-
21
II Project to revise Exhibit A outlining scope of service for the project and to extend the
expiration date of the Agreement to June 30, 2021.
E2 Board granted approval and authorized execution of the 1st Amendment to extend �
Agreement with the City of Key West for the Amphitheatre Improvements Project to extend the
expiration date of the Agreement to December 31, 2020. 2
E3 Board granted approval and authorized execution of the 1st Amendment to extend
Agreement with the Coral Restoration Foundation, Inc. for the CRF- Coral Restoration -Key
West Project to March 31, 2021.
E4 Board granted approval and authorized execution of the 1st Amendment to extend
Agreement with the Mel Fisher Maritime Heritage Society, Inc. for the Mel Fisher Masonry and
Electric Project to September 30, 2021.
E5 Board granted approval and authorized execution of the 1st Amendment to extend
Agreement with Mel Fisher Maritime Heritage Society, Inc. for the Mel Fisher 2nd Round
Repairs and Improvements Project to September 30, 2021.
7 1 P a g e 0711512 0 0
Packet Pg. 3656
0.1.b
E6 Board granted approval and authorized execution of the 1st Amendment to extend
Agreement with National Marine Sanctuary Foundation, Inc. for the Eco Discovery Center
Interior Exhibits Project to September 30, 2 02 1.
E7 Board granted approval and authorized execution of the 1st Amendment to extend
Agreement with Key West Botanical Garden Society, Inc. for the Botanical Garden Playground
Installation Project to September 30, 2021.
E8 Board granted approval and authorized execution of the 1st Amendment to extend
Agreement with the Coral Restoration Foundation, Inc. for the CRF -Lower Keys 2020, 2nd
Round Project, to March 31, 2021.
E9 Board granted approval and authorized execution of the 1st Amendment to extend
Agreement with the Coral Restoration Foundation, Inc. for the CRF- Coral Restoration
Foundation -Marathon Project to March 31, 2021.
E10 Board granted approval and authorized execution of the 1st Amendment to extend
Agreement with the Coral Restoration Foundation, Inc. for the CRF - Coral Restoration -
Islamorada 2020, 2nd Round Project, to March 31, 2021.
0
E11 Board granted approval and authorized execution of the 1st Amendment to extend
Agreement with the Coral Restoration Foundation, Inc. for the CRF - Coral Restoration -Key 2
Largo Project to March 31, 2021.
E12 Board granted approval and authorized execution of the 1st Amendment to Agreement V_
21
with Stuart Newman Associates, Inc. to provide Public Relations Agency Services which
promote tourism to September 30, 2022 with a five percent increase in compensation; and to
revise the scope of service for the Agreement to include social media management.
E13 Board granted approval and authorized execution of the 1st Amendment to extend U
Agreement with Axis Travel Marketing, LTD to provide European travel services to September 2
30, 2022.
PLANNING &ENVIRONMENTAL RESOURCES, BUILDING
& CODE COMPLIANCE DEPARTMENTS
12 Board granted approval and authorized execution of the 3rd Amendment to Contract with
Host Compliance for a one-year extension, for $71,422.00, with an optional additional year for a
code compliance software system.
I4 Board granted approval of the selection of Boating Improvement Fund(s)
Reimbursement-Based Funding Request for Fiscal Year 2021 submitted by the Village of
Islamorada(Village); and granted approval and authorized execution of an Interlocal Agreement
between Monroe County and the Village based upon staffs selection recommendation; and
8 1 P a g e 0711512 0 0
Packet Pg. 3657
0.1.b
providing said funding to the Village for regulatory buoy maintenance in Fiscal Year 2021 in the
amount of$10,000.00.
SHERIFF'S OFFICE
K1 Board granted approval of the request for expenditure of Law Enforcement Trust Fund,
as follows:
$8,000.00 US K9 Academy &Police Dog Training Center: to assist the MCSO Special
Investigation Division with drug, currency and vehicle investigations to train a canine handler
and acquire a narcotics detention canine. The current MCSO K9, Deja, will soon retire and a
new K9 is needed to maintain operational continuity.
COMMISSIONER'S ITEM
L2 Board adopted the following Resolution supporting formal comments sent in a letter from
the Florida Fish and Wildlife Conservation Commission to the Florida Keys National Marine
Sanctuary (FKNMS)regarding NOAA's "Draft Environmental Impact Statement for Florida
Keys National Marine Sanctuary: A Blueprint for Restoration."
0
RESOLUTION NO. 201-2020
Said Resolution is incorporated herein by reference. 2
CL
COUNTY CLERK
Ln
V-
21
M1 Board granted approval of the minutes from the regular meetings of February 19, 2020;
April 15, 2020; and the special meeting of April 30, 2020. Said minutes are incorporated herein
by reference.
a�
M2 Board granted approval of Tourist Development Council expenses for the month of June
2020, as follows: Advertising, in the amount of$1,855.941.75; Bricks & Mortar Projects, in the 2
amount of$1,064,805.25; Events, in the amount of$200,980.94; Office Supplies & Operating
Costs, in the amount of$56,144.23; Personnel Services, in the amount of$105,327.66; Public
Relations, in the amount of$125,567.43; Sales & Marketing, in the amount of$140,878.36;
Telephone & Utilities, in the amount of$24,100.93; and Visitor Information Services, in the
amount of$115,710.66.
M3 Board granted approval of the independent auditor's communication to the Board on the
Audit Engagement for the County's Fiscal Year 2020 Financial Statements. Said
communication is incorporated herein by reference.
M4 Board granted approval to remove surplus equipment from inventory via disposal or
advertise for bid. Said list is incorporated herein by reference.
9 1 P a g e 0711512 0 0
Packet Pg. 3658
0.1.b
M5 Board granted approval of BOCC Warrants 10070665-10071849, 50005301 (PR
Checks), 3128281-3129720 (PR Voucher), 25992-26078 (WC) for the period June 1, 2020
through June 29, 2020, as follows: 001 General Fund, in the amount of$2,064,984.65; 101 Fine
& Forfeiture, in the amount of$4,527,212.42; 102 Road/Bridges, in the amount of$854,189.46;
115 Tourist Development Council-Two Penny, in the amount of$603,008.69; 116 TDC -Admin
Promo 2 Cent, in the amount of$1,163,093.49; 117 TDC -District 1 Third Cent, in the amount
of$1,459,741.36; 118 TDC -District 2 Third Cent, in the amount of$94,832.93; 119 TDC -
District 3 Third Cent, in the amount of$182,242.41; 120 TDC -District 4 Third Cent, in the
amount of$69,254.58; 121 TDC -District 5 Third Cent, in the amount of$122,001.14; 125
Grant Fund, in the amount of$2,365,213.29; 141 Fire/Ambulance, in the amount of
$820,861.35; 147 Unincorporated Service, in the amount of$119,581.45; 148 Planning Building,
in the amount of$588,272.39; 149 Municipal Policing, in the amount of$605,427.08; 150 E911
Enhancement Fund, in the amount of$77,563.64; 152 Duck Key Security, in the amount of
$8,879.86; 153 Local Housing Assistance, in the amount of$103,067.47; 157 Boating
Improvement Fund, in the amount of$24,074.00; 158 Miscellaneous Special Revenue Fund, in
the amount of$67,157.14; 160 Environmental Restoration, in the amount of$11,831.32; 162
Law Enforcement Trust-600, in the amount of$500.00; 163 Court Facilities, in the amount of
$8,972.32; 180 Building Fund, in the amount of$280,715.88; 304 1 Cent Infrastructure , in the
amount of$254,083.98; 312 Cudjoe Regional WW Project, in the amount of$6,725.35; 314
Series 2014 Revenue Bonds, in the amount of$1,387,988.58; 401 Card Sound Bridge, in the 0
amount of$59,872.89; 403 Marathon Airport, in the amount of$166,332.89; 404 Key West Int'l
Airport, in the amount of$594,467.60; 406 PFC & Operating Restrictions, in the amount of 2
$2,135,636.30; 414 MSD Solid Waste, in the amount of$1,640,984.29; 501 Workers'
Compensation , in the amount of$274,296.75; 502 Group Insurance Fund, in the amount of
$1,451,381.57; 503 Risk Management Fund, in the amount of$200,063.61; 504 Fleet V_
21
Management Fund, in the amount of$173,772.27.
M6 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.
M7 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.
COUNTY ADMINISTRATOR
N3 Board granted approval to advertise a Request for Proposals for standby contracts to
provide emergency feeding services for emergency responders in times of hurricane or other
disasters.
101Page 0711512 0 0
Packet Pg. 3659
0.1.b
COUNTY ATTORNEY
02 Board granted authorization to initiate litigation against 154 Fairwich CT Property LLC
and their property; 154 Fairwich Court, Tavernier, Florida; to seek compliance with the County
Code and enforce the lien(s) arising from Code Compliance Case Number CE18040103.
03 Board granted authorization to allow code compliance lien arising from Case Number
CE17030036 against Reynol Dominguez & Ines Dominguez and their property; 31315 Avenue
B, Big Pine Key, Florida; to remain against the property owner, the subject property and any
other property owned by the property owner.
04 Board granted authorization to initiate litigation against Beatris Gonzalez and her
property; 111 Oleander Circle, Key Largo, Florida; to enforce the lien(s) arising from Code
Compliance Case Number CE18030097 related to illegal vacation rental.
05 Board granted authorization to initiate litigation against Jerome F. Knight& Eleanor M.
Knight and their property; 1792 Sunrise Drive, Big Pine Key, Florida; to seek compliance with
the County Code and enforce the lien(s) arising from Code Compliance Case Number
CE18030007.
0
06 Board granted authorization to initiate litigation against Carlos A. Abreu and his
property; 181 2nd Court, Key Largo, Florida; to enforce the lien(s) arising from Code 2
Compliance Case Number CE17050007.
07 Board granted authorization to initiate litigation against Alina Lorites and her property; V_
21
325 Calusa Street, Lot 13, Key Largo, Florida; to seek compliance with the County Code and
enforce the lien(s) arising from Code Compliance Case Number CE15070096.
09 Board granted authorization to initiate litigation against Cynthia N. Sandhusen and her
property; 28179 Dorothy Avenue, Little Torch Key, Florida; to seek compliance with the County
Code and enforce the lien(s) arising from Code Compliance Case Number CE18050102.
010 Board authorized staff to proceed to negotiate a Comprehensive Agreement pursuant to
Section 255.065, Florida Statutes with SPGL, LLC, a Florida Limited Liability Company, in
response to their unsolicited proposal, to provide thirty-four units of workforce housing for
occupancy by the staff of the Monroe County Sheriffs Office and/or other County or City safety
force personnel.
O11 Board granted approval and authorized execution of the 2nd Addendum to the
Employment Agreement with County Attorney Robert Shillinger.
013 Board granted approval to accept proposal for renewal of Airport Liability Insurance
from ACE Property and Casualty Insurance Co., through Arthur J. Gallagher & Co., with an
annual premium of$45,423.00; and authorization for the Risk Administrator to sign all
necessary forms.
111Page 0711512 0 0
Packet Pg. 3660
0.1.b
R1 Board granted approval and authorized execution of an Agreement with Lewis, Longman
& Walker, P.A. to provide joint legal representation with Florida Keys Aqueduct Authority in
the matter of FKAA v Florida Power& Light and Florida Department of Environmental
Protection, Department ofAdministrative Hearing Case Number 20-002967.
R2 Board granted approval of the appointment of Commissioner Coldiron as a substitute and
Commissioner Rice as an alternate member for the Monroe County Canvassing Board for the
2020 primary and general elections.
R3 Board granted approval and authorized execution of pre-suit Settlement Agreement with
Daniel Rubio and Vivian Kramer-Rubio waiving fines and costs, in CE16100059 and
CE18060016, in consideration of contemporaneous donation of Tract PT, Pine Key Acres, Big
Pine Key (real estate number 00111074-040000 29760 Chickasaw Street, Big Pine Key) to the
Monroe County Land Authority for conservation purposes.
TAX COLLECTOR
R4 Board granted approval to extend the 2020 Tax Roll and mail the bills prior to
completion of the Value Adjustment Board Hearings. 0
BUDGET & FINANCE 2
R5 Board granted approval of the ratification of Federally Funded Sub-Award and Grant
Agreement between Monroe County and Florida Division of Emergency Management for V_
21
CARES Act Funding.
R6 Board granted approval of the ratification of Federally Funded Sub-Award and Grant
Agreement between Monroe County and Florida Division of Emergency Management for public
assistance funding under COVID-19 pandemic declarations; and authorization for the Sr.
Director of Budget& Finance to execute the forms attached to the agreement; and granted
approval for the County Administrator to sign related documents; including changes and
modifications to the agreement.
Motion carried unanimously.
The Board of County Commissioners meeting adjourned for the Board of Governors, Fire
& Ambulance District 1, meeting.
FIRE &AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
The Board of Governors for the Fire & Ambulance District 1 convened. Present
and answering to roll call were Commissioner Cates, Commissioner Murphy,
Commissioner Rice and Mayor Halle. Councilman Lewis was absent from the meeting.
121Pag e 0711512 02 0
Packet Pg. 3661
0.1.b
H1 Motion was made by Commissioner Murphy and seconded by Commissioner Rice
granting approval and authorizing execution of the Employment Agreement with Mayte
Machado for Fire Rescue EMS Billing Specialist position. Motion carried unanimously.
The Board of Governors, Fire & Ambulance District 1, adjourned. The Board of County
Commissioners meeting reconvened with all Commissioners present.
MISCELLANEOUS BULK APPROVALS
C22 Motion was made by Commissioner Coldiron and seconded by Commissioner Cates
granting approval and authorizing execution of the 2nd Amendment to Agreement with
Guidance/Care Center to extend the project period to December 31, 2020 (six-months) for the
Residential Substance Abuse Treatment Program. Roll call vote carried unanimously, with
Commissioner Rice abstaining due to a conflict.
C30 Motion was made by Commissioner Rice and seconded by Commissioner Cates granting
approval and authorizing execution of an Agreement with Charley Toppino & Sons, Inc. for the
demolition of the Senior Nutrition Center Building in the amount of$56,100.00 to be paid from
Fund 304. Motion carried unanimously. 0
HURRICANE IRMA RECOVERY 2
CL
CL
D1 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 V_
21
the Board.
PLANNING &ENVIRONMENTAL RESOURCES, BUILDING
& CODE COMPLIANCE DEPARTMENTS
U
I1 Emily Schemper, Sr. Director of Planning & Environmental Resources, addressed the 2
Board. Vivek Reddy, representing AECOM, gave a Power Point Presentation on the 2019 USI
Arterial Travel Time and Delay (ATTD) 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. Ms. Schemper gave a Power Point Presentation. The following
individuals addressed the Board: Dotti Moses, representing Island of Key Largo Federation of
Homeowner's Association; Stuart Schaffer and Annalise Mannix. After discussion, motion was
made by Commissioner Cates and seconded by Mayor Carruthers approving Option 2 (complete
Public Facilities Report with 2019 ATTD —re-engage US 1 Level of Service Task Force to
Evaluate AECOM provided considerations to updating the methodology —applicants to identify
mitigation with County & FDOT). Roll call vote was taken with the following results:
Commissioner Cates Yes
Commissioner Coldiron No
Commissioner Murphy No
131Page 0711512 0 0
Packet Pg. 3662
0.1.b
Commissioner Rice No
Mayor Carruthers Yes
Motion failed.
After further discussion, motion was made by Commissioner Murphy and seconded by
Commissioner Coldiron approving Option 3 (complete Public Facilities Report with 2017 ATTD
—re-engage US 1 Level of Service Task Force to evaluate AECOM provided considerations to
updating the methodology —applicants to identify mitigation for segments with County &
FDOT). Roll call vote was taken with the following results:
Commissioner Cates No
Commissioner Coldiron Yes
Commissioner Murphy Yes
Commissioner Rice Yes
Mayor Carruthers Yes
Motion carried.
CLOSED SESSIONS 0
Mr. Shillinger addressed the Board concerning the following five items (J1 through J5): 2
CL
CL
J1 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.). V-
21
J2 An Attorney-Client Closed Session in the matter of Disaster Solutions v. Monroe County,
16th Judicial Circuit Case No. 2019-CA-32-K
J3 An Attorney-Client Closed Session in the matter of Sunset Garden Estate Land Trust
U
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.
J4 An Attorney-Client Closed Session in the matter of BOCC vs. Summerland Key Marina,
LLC and George Secchiaroli, Case No. 2018-CA-1205-K.
J5 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.
After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner Coldiron to continue the Closed Sessions to the August 19, 2020 BOCC meeting.
Motion carried unanimously.
141Pag e 0711512 0 0
Packet Pg. 3663
0.1.b
PLANNING &ENVIRONMENTAL RESOURCES, BUILDING
& CODE COMPLIANCE DEPARTMENTS
I6 Christine Hurley, Assistant County Administrator, addressed the Board concerning
approval of an Interlocal Agreement with the City of Key West for Sewage Pump Out Services
to vessels at anchorages in/near Wisteria Island, Fleming Key, Cow Key Channel, and Boca
Chica Basin for six months, while the County issues a request for proposals for a vendor to
service pump outs of anchored vessels. After discussion, motion was made by Commissioner
Murphy and seconded by Commissioner Coldiron granting approval of the item. Roll call vote
carried unanimously.
COUNTY ADMINISTRATOR
NI Roman Gastesi, County Administrator, addressed the Board concerning the County
Administrator's monthly report for July 2020. Said report is incorporated herein by reference.
COMMISSIONER'S ITEM
L3 Jon Rizzo, Warning Coordination Meteorologist with the National Weather Service,
gave a Power Point Presentation on current hurricane prediction science and accuracy. 0
PLANNING &ENVIRONMENTAL RESOURCES, BUILDING 2
& CODE COMPLIANCE DEPARTMENTS
I5 Mayte Santamaria, Sr. Planning Policy Advisor, gave a Power Point Presentation on V-
21
whether to direct staff to process a Comprehensive Plan and Land Development Code
amendment to move a portion of the 294 remaining Market Rate-Rate of Growth Ordinance
(ROGO)units through 2026 to the affordable housing allocation pool. Mr. Shillinger, Ms.
Schemper and Ms. Hurley addressed the Board. The following individuals addressed the Board:
Dotti Moses, representing Island of Key Largo Federation of Homeowner's Association; Stuart
Schaffer, representing Sugarloaf Shores Homeowner's Association; Ann Olson, representing
Friends of the Lower Keys; Annalise Mannix, Diane Beruldson, D. A. Aldridge, representing
Last Stand; Robby Majeska and Christine Russell. After discussion, motion was made by
Commissioner Murphy and seconded by Mayor Carruthers that we do not accept the 300
ROGOs. Roll call vote was taken with the following results:
Commissioner Cates No
Commissioner Coldiron No
Commissioner Murphy Yes
Commissioner Rice No
Mayor Carruthers Yes
Motion failed.
151Page 0711512 0 0
Packet Pg. 3664
0.1.b
PUBLIC HEARINGS
Commissioner Cates and Mayor Carruthers recused themselves from the discussion and
vote(on Item P1) to address the appearance of a conflict of interest. Mayor Carruthers moved
the chair over to Mayor Pro Tem Coldiron.
P1 A Public Hearing was held to consider approval of a Resolution renouncing and
disclaiming any right of the County and the public in and to the right-of-way of a portion of
Laurel Avenue in Maloney's Subdivision of Stock Island, according to the Plat thereof as
recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida, bounded on
the north by all of Block 23; bounded on the west by Second Street; bounded on the south by all
of Block 32; and bounded on the east by adjacent bay bottom and a parcel of land adjacent to
Government Lot 2, Section 35, Township 67 south, Range 25 east, Stock Island, Monroe County.
Ms. Schemper gave a Power Point Presentation. Mr. Shillinger, Peter Morris, Assistant County
Attorney; and Ms. Hurley addressed the Board. The following individuals addressed the Board:
Barton Smith, representing the applicant; Connie Tarpley, Steve Breines, Jocelyn Webber, Naja
Girard, Jeremy Oldham, Diane Beruldson, representing Stock Island Association; Annalise
Mannix, George Brodzinski, Nancy Hillman, Tom Milone, Aramis (inaudible), Van Fischer,
representing Last Stand and Roy's Trailer Park; and Christine Russell. After discussion, motion
was made by Commissioner Rice and seconded by Mayor Pro Tem Coldiron granting approval 0
of abandoning the right of way. Roll call vote was taken with the following results:
2
Commissioner Murphy No
Commissioner Rice Yes
Mayor Pro Tem Coldiron Yes V-
21
Motion carried.
RESOLUTION NO. 202-2020
Said Resolution is incorporated herein by reference.
P2 A Public Hearing was held to consider approval of a Resolution renouncing and
disclaiming any right of the County and the public in and to the right-of-way of a portion of
MacDonald Avenue and First Street, Stock Island, Monroe County, Florida, as shown on the Plat
of Maloney's Subdivision of Stock Island, Plat Book 1, Page 55, bounded on the north by all of
Block 32; bounded on the west by Second Street and all of Block 34; bounded on the south by all
of Block 34, and by First Street adjacent to Block 34, Lot 11 and Block 33, Lot 20; and bounded
on the east by Block 33 Lot 1 and the platted shoreline. Ms. Schemper gave a Power Point
Presentation. The following individuals addressed the Board: Van Fischer, representing Last
Stand and Roy's Trailer Park; Naja Girard, Annalise Mannix and Diane Beruldson. After
discussion, motion was made by Commissioner Coldiron and seconded by Commissioner Rice to
approve the abandonment. Roll call vote was taken with the following results:
161Page 0711512 0 0
Packet Pg. 3665
0.1.b
Commissioner Cates Yes
Commissioner Coldiron Yes
Commissioner Murphy No
Commissioner Rice Yes
Mayor Carruthers No
Motion carried.
RESOLUTION NO. 203-2020
Said Resolution is incorporated herein by reference.
P3 A Public Hearing was held to consider an Ordinance by the Monroe County Board of
County Commissioners amending the Monroe County Land Development Code, Chapter 142,
Signs, to address development regulation related to signs,particularly in light of the United
States Supreme Court Case ofReed v. Town of Gilbert, 576 U.S. 155 (2015). Mr. Shillinger and
Ms. Schemper addressed the Board. Devin Rains, Planning & Development Permit Services
Manager, gave a Power Point Presentation. There was no public input. After discussion, motion
was made by Commissioner Murphy and seconded by Commissioner Coldiron to adopt the
following Ordinance. Motion carried unanimously.
0
ORDINANCE NO. 018-2020
Said Ordinance is incorporated herein by reference. 2
P4 A Public Hearing was held to consider an application for issuance of a Class A
Certificate of Public Convenience and Necessity to MCT Express, Inc. for the operation of an V_
21
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. Chief James Callahan, Fire/Rescue,
addressed the Board. The following individual addressed the Board: Chief John Johnson, City
of Marathon Fire/Rescue. After discussion, motion was made by Commissioner Murphy and
seconded by Commissioner Coldiron granting approval of the item. Motion carried unanimously.
P5 A Public Hearing was held to consider adoption of an Ordinance establishing Section 11-
5 of the Monroe County Code codifying the Hurricane Re-Entry Sticker Program by providing
penalties for those who forge and present forged stickers. Mr. Shillinger addressed the Board.
There was no public input. After discussion, motion was made by Commissioner Murphy and
seconded by Commissioner Coldiron to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 019-2020
Said Ordinance is incorporated herein by reference.
P6 A Public Hearing was held to consider adoption of an Ordinance 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. Mr. Shillinger addressed the
Board. There was no public input. After discussion, motion was made by Commissioner Rice
171Page 0711512 0 0
Packet Pg. 3666
0.1.b
and seconded by Commissioner Coldiron to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 020-2020
Said Ordinance is incorporated herein by reference.
P7 The second 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 1224(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. Ms. Santamaria
addressed the Board. There was no public input. After discussion, motion was made by
Commissioner Coldiron and seconded by Commissioner Murphy to adopt the following
Ordinance. Motion carried unanimously. 0
ORDINANCE NO. 021-2020 2
Said Ordinance is incorporated herein by reference.
P8 A Public Hearing was held to consider a Resolution approving a 3rd Amendment to the V_
21
Development Agreement between Monroe County, Florida and Key Largo Ocean Resort
Condominium, Inc.,providing a 10-year time extension, and allowing units to be built to a height
of up to 38 feet(new construction) or 40 feet(existing building retrofit) in accordance with the zi
flood protection height exceptions provided in Land Development Code Section 131-2(b), for a)
previously approved development of 285 dwelling units and accessory uses at property located at
94825 Overseas Highway, Key Largo, approximate mile marker 95, having parcel identification
numbers 00483401-000000 through 00483401-028500 and 00483402-000000. There was no
public input. Motion was made by Commissioner Murphy and seconded by Commissioner
Coldiron to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 204-2020
Said Resolution is incorporated herein by reference.
P9 A Public Hearing was held to consider a Resolution regarding a request for
Administrative Relief for Keith P. Radenhausen on Lot 6, Block 37, Port Pine Heights 2nd
Addition, Big Pine, real estate number 00293150.000000. Ms. Schemper and Mr. Shillinger
addressed the Board. The following individual addressed the Board: Keith P. Radenhausen.
After discussion, motion was made by Commissioner Cates and seconded by Commissioner
Murphy granting approval of staff recommendation to make a purchase offer. Motion carried
unanimously.
181Page 0711512 0 0
Packet Pg. 3667
0.1.b
RESOLUTION NO. 205A-2020
Said Resolution is incorporated herein by reference.
P11 A Public Meeting was held for citizens and municipalities to provide input on an
application for grant funds to develop a Regional Resilience Plan in the amount of$2,652,825.00
(Key West: $841,735.00; Marathon: $471,132.00; Islamorada: $546,771.00; Unincorporated
Monroe: $450,000.00; Key Colony Beach: $53,781.00; Layton: $16,080.00 and a 5%
administrative fee)utilizing Community Development Block Grant-Mitigation, General
Planning Support funding from the Florida Department of Economic Opportunity (DEO) funded
through the Federal Housing and Urban Development Agency, after a duly noticed 14 day public
comment period; after a 5 day public notice and approval to submit Grant Application to DEO.
Rhonda Haag, Sustainability Program Manager, gave a Power Point Presentation. The following
individual addressed the Board: Robby Majeska. After discussion, motion was made by
Commissioner Coldiron and seconded by Commissioner Rice granting approval to submit the
Grant Application to DEO. Motion carried unanimously.
P10 A Public Hearing was held to consider adoption of an Ordinance to amend Ordinance No.
014-2020 adopted June 17, 2020 setting standards for when facial coverings must be worn in
response to the COVID-19 pandemic. Mr. Shillinger, Bob Eadie, JD, Administrator& Health 0
Officer for the Monroe County Health Department; Mr. Gastesi, Shannon Weiner, Director of
Emergency Management; and Steve Williams, Assistant County Attorney, addressed the Board. 2
The following individuals addressed the Board: Harrison Simmons, Bill Lay, Sue Heim, and
Robby Majeska. After discussion, motion was made by Commissioner Rice and seconded by
Commissioner Coldiron to approve the amended Ordinance as recommended by staff, as V_
21
follows:
0i
SECTION 2. Definitions.
(2) Business establishment. A "business establishment"means a location w4h a f:00c over-head
U
tifidef:whiE4 where any business is conducted, goods are made or stored or processed or where V
services are rendered. The term "business establishment" also includes locations where non-
profit, governmental, and quasi-governmental entities facilitate public interactions and conduct
business. The term shall include the entire premises of the business establishment, whether
owned or leased, regardless of whether indoors or outdoors. The term does not include seheels
SeBieiflg sttide is,,; def:*he ago of 4 educational institutions operating within Monroe County,
which have adopted their own protocols.
(4) Operator. An "operator" shall mean any individual or entity that owns a business or controls
the operation of the business, even if only for a period of time, regardless of the formal title or
role health by that individual.
(5) Social Distancing. "Social distancing" shall mean keeping space between yourself and other
persons by staving a minimum of six (6) feet away from another person.
191Page 0711512 0 0
Packet Pg. 3668
0.1.b
SECTION 3. Recommended standards of conduct.
(1 4) Vulnerable Populations. Individuals older than 65 years of age and individuals with a
serious underlying medical condition (such as chronic lung disease, moderate-to-severe asthma,
serious heart conditions, immune-compromised status, cancer, diabetes, severe obesity, renal
failure, liver disease) should continue to stay at home. When leaving home, these individuals
should follow social distancing and other general mitigation guidance. Those living with
vulnerable individuals should be aware of the exposure risk that they could carry the virus back
home after returning to work or other environments where distancing is not practiced. Vulnerable
populations should affirmatively inform their employer that they are a member of a vulnerable
population so that their employer can plan accordingly. 0
SECTION 4. Mandatory requirements. 2
CL
(1) Every person over the age of six (6) who is away from his or her residence shall wear a face CL
covering when closer than 6 feet to another person with whom he or she does not reside. Ln
(2) Every person over the age of six (6) who is away from his or her residence shall can a face V.
covering capable of immediate use.
(3) Each operator A� shall establish rules for that business establishment
that encourages 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.
(4) Each operator of a business establishment must close that establishment to the public for at
least 3 days if the operator or an employee of the establishment tests positive for COVID-19.
Before reopening„ the operator must disinfect the premises of the business establishment
according to guidelines provided by the Centers for Disease Control and the Department of
Health. Any operator or employee exposed to the positive employee must quarantine and/or
isolate for 14 days from the date of last contact with the infected employee or until a valid
negative test for COVID-19. The closure provision does not apply to essential businesses as
defined by Executive Order 20-91, as amended.
(5 -�) An o ep rator ems, manager, employee, customer or patron of a business establishment
must wear a face covering while in that business establishment when unable to engage in social
distancing.
(6-2) The requirements of this section do not apply to:
a. Restaurant customers or patrons while dining and/or consuming beverages while seated at a
table
201Page 0711512 0 0
Packet Pg. 3669
0.1.b
b. A gym patron engaged in a workout or class where at least 6 feet of distancing exists with the
next closest patron.
c. Barbershop or beauty salon customers or patrons when wearing a face covering would
reasonably interfere with receiving services.
d. Business operators 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. When an operator or employee is in their place of
employment but not within 6 feet of another person, that operator or employee does not need to
wear a facial covering. This exception does not apply to operators and employees who are
present in the kitchen or other food and beverage preparation area of a restaurant or food
establishment. Whenownef:, ple o is in thei-place f emplo nt btft HE)
e. Bar patrons while consuming beverages and/or food.
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.
g. Participants in public meetings held pursuant to F.S. 286.011,provided that the participant
without a face covering is engaged in social distancing.
(7-3) The owne An operator,merger and/or employee of a business or lodging establishment
shall ensure that every individual in that establishment complies with this section. 0
(84) When a customer of a business establishment asserts that he or she has a disability that
prevents the individual from wearing a mask or facial covering, the operator or 2
employee of the business establishment may exclude the individual, even if they have a CL
disability, as they pose a direct threat to the health and safety of employees and other customers LO
when not wearing a facial covering, even if asymptomatic, and shall accommodate the disabled V-
21
individual in a manner that does not fundamentally alter the operations of the business
establishment nor jeopardize the health of that business's employees and other customers, such
as providing curb service or delivery or other reasonable accommodation.
a�
SECTION 5. Penalties and Enforcement. M
(1) Quasi-Criminal Offense.
a. Any state, county, or municipal law enforcement officer may arrest or issue a notice to wear
for any knowing and intentional violations committed in his or her presence or through
procurement of an arrest warrant. Violations shall be prosecuted by the State Attorney of the
16th Judicial Circuit.
b. A person found in violation may be punished by up to 60 days in the County jail and/or a fine
of up to $500. Each day a violation of this ordinance occurs is considered a separate offense.
(2-�) Civil Citation.
a. A county or municipal code compliance or county, municipal, or state 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.
(3 -2) Administrative Notice of Violation.
211Pag e 0711512 0 0
Packet Pg. 3670
0.1.b
(4-3) Injunctive relief.
(5 4) Private Right of Action.
(6�) Defenses.
Roll call vote carried unanimously.
ORINANCE NO. 022-2020
Said Ordinance is incorporated herein by reference.
P12 A Public Hearing was held to consider adoption of an emergency, temporary Ordinance
mandating that all bars and restaurants close from 11:00 p.m. to 5:00 a.m. effective July 26, 2020
through August 9, 2020. Mr. Shillinger and Kimberly Matthews, Sr. Director of Strategic
Planning; Dr. Eadie and Mr. Gastesi addressed the Board. The following individuals addressed
the Board: Debra Wilson, Bill Lay and David Natho.
After discussion, motion was made by Commissioner Cates and seconded by
Commissioner Rice that all bars and restaurants close from 11:00 p.m. to 5:00 a.m. Roll call
vote carried unanimously.
Motion was made by Commissioner Rice and seconded by Commissioner Murphy to 0
make the effective date July 24, 2020. Roll call vote carried unanimously.
2
Motion was made by Commissioner Rice and seconded by Commissioner Murphy to
make the sunset date August 19, 2020. Roll call vote carried unanimously.
Ln
V-
21
Motion was made by Mayor Carruthers and seconded by Commissioner Murphy to
eliminate alcoholic beverage sales between the hours of 11:00 p.m. and 7:00 a.m. from July 24,
2020 to August 19, 2020. Roll call vote was taken with the following results:
a�
Commissioner Cates No
U
Commissioner Coldiron Yes
Commissioner Murphy Yes
Commissioner Rice Yes
Mayor Carruthers Yes
Motion carried.
Motion was made by Commissioner Murphy and seconded by Commissioner Rice
approving the Ordinance, as amended. Roll call vote carried unanimously.
ORDINANCE NO. 023-2020
Said Ordinance is incorporated herein by reference.
221Page 0711512 0 0
Packet Pg. 3671
0.1.b
COMMISSIONER'S ITEM
L4 Board discussed the July 15, 2020 expiration of the Tourist Development Council's hiatus
from advertising during the COVID pandemic. The following individuals addressed the Board:
Bill Lay, Sue Heim, David Natho and Debra Wilson. The Board took no official action.
COUNTY ADMINISTRATOR
N2 Mr. Shillinger addressed the Board. Ms. Weiner gave a COVID-19 update for July 2020.
CODE COMPLIANCE
R8 Mr. Shillinger addressed the Board concerning approval of a Resolution authorizing Code
Compliance Officers to issue citations for disposition in County Court. After discussion, motion
was made by Commissioner Coldiron and seconded by Commissioner Rice to adopt the
following Resolution. Roll call vote carried unanimously.
RESOLUTION NO. 205-2020
Said Resolution is incorporated herein by reference.
0
STAFF REPORT
2
CL
FI Sheryl Graham, Sr. Director of Social Services; Manual Castillo, representing the CL
Monroe County Housing Authority, and Mr. Gastesi addressed the Board.
Ln
V-
21
PLANNING &ENVIRONMENTAL RESOURCES, BUILDING
& CODE COMPLIANCE DEPARTMENTS
I3 Michael Roberts, Assistant Director of Environmental Resources, addressed the Board.
Cynthia Guerra, Principal Biologist, gave a Power Point Presentation update to the Board on the
14th Annual Monitoring Report that has been submitted to the U.S. Fish & Wildlife Service on 2
the implementation of the Incidental Take Permit and associated Habitat Conservation Plan for
Florida Key deer and other protected species on Big Pine Key and No Name Key. After
discussion, motion was made by Commissioner Coldiron and seconded by Commissioner Rice
granting approval of the item. Motion carried unanimously.
COMMISSIONER'S ITEM
LI The discussion and update on the feasibility of a toll in Monroe County was postponed to
the August 19, 2020 meeting.
COUNTY ATTORNEY
01 Mr. Shillinger referred the Board to the County Attorney Report for July 2020. Said
report is incorporated herein by reference.
231Page 0711512 0 0
Packet Pg. 3672
0.1.b
08 Motion was made by Commissioner Murphy and seconded by Commissioner Rice
granting authorization to initiate litigation against Bob and Duck LLC and their property; D26
I Ith Avenue, Stock Island, Florida; to seek compliance with the County Code and enforce the
lien(s) arising from Code Compliance Case Number CE18060058. Roll call vote carried
unanimously, with Mayor Carruthers abstaining due to a conflict.
012 Mr. Shillinger requested to hold an Attorney-Client Closed Session in the matter of
Board of County Commissioners of Monroe County, Florida v. Jerome Pfahning, Case No. 1 S-
CA-214-K at the regularly scheduled BOCC meeting on August 19, 2020 in Key West, FL at
1:30 p.m. or as soon thereafter as may be heard. Motion was made by Commissioner Coldiron
and seconded by Mayor Carruthers granting approval to hold the Attorney-Client Closed
Session. 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 0
Board of County Commissioners
Monroe County, Florida 2
J ameea q. xa wach,o.C'.
LO
V-
21
Oi
U
24 Page 0711512 0 0
Packet Pg. 3673
0.1.c
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Budget Meeting
Board of County Commissioners
Tuesday, July 27, 2020
Via Communication Media Technology
A budget meeting of the Monroe County Board of County Commissioners convened at
10:00 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 There were no Additions, Corrections or Deletions to the agenda. Motion was made by 0
Commissioner Murphy and seconded by Commissioner Coldiron granting approval of the
agenda. Motion carried unanimously. 2
COVID-19 'd
21
G1 Bob Eadie, JD, Administrator& Health Officer for the Monroe County Health
Department; and Shannon Weiner, Director of Emergency Management, gave an update on
COVID-19. Richard Strickland, Director of Airports, addressed the Board. Lisa Tennyson,
Legislative Affairs & Grants Acquisition Director, gave a Power Point Presentation.
E
ENGINEERING/ROADS AND BRIDGES
B1 Motion was made by Commissioner Rice and seconded by Commissioner Cates granting
approval to advertise a Public Hearing to be held at the August 19, 2020 meeting to consider
adoption of an Ordinance revising Section 19-4 of the Monroe County Code to increase the toll rates
for Card Sound Road Toll and authorization for the Monroe County Director of Engineering Services
to inform the Florida Department of Transportation of the changes to the toll rates in accordance with
the Agreement for Sunpass and Toll-by-Plate Electronic Toll Collection at the Card Sound Toll
Facility. Motion carried unanimously.
FISCAL YEAR 2021 BUDGET PRESENTATION
C1 Roman Gastesi, County Administrator, gave a Power Point Presentation on the Fiscal
Year 2021 Budget. The following individual addressed the Board: Stephanie Russo. Kevin
I I P a g e 0 7 / 2 7 / 020
Packet Pg. 3674
0.1.c
Wilson, Assistant County Administrator; Rhonda Haag, Chief Resilience Officer; and Bob
Shillinger, County Attorney, addressed the Board.
DISCUSSION OF FISCAL YEAR 2021 BUDGET
D2 Tina Boan, Sr. Director of Budget& Finance, addressed the Board. Mr. Eadie addressed
the Board concerning the Health Department's budget.
ANNOUNCEMENT OF MILLAGE RATES AND PUBLIC BUDGET HEARINGS
E Ms. Boan announced the millage rates and public budget hearings, as follows:
Taxing Authority: Monroe County Board of County Commissioners
Rolled-back millage rate is 2.4763
Proposed millage rate is 2.5881
Proposed millage rate is 4.51%above the rolled-back rate
Taxing Authority: General Purpose Municipal Service Taxing Unit
Rolled-back millage rate is 0.1647
Proposed millage rate is 0.1725 0
Proposed millage rate is 4.74% above the rolled-back rate >
2
Taxing Authority: Local Road Patrol Law Enforcement District
Rolled-back millage rate is 0.3327
Proposed millage rate is 0.3484
21
Proposed millage rate is 4.72% above the rolled-back rate
Taxing Authority: Lower& Middle Keys Fire and Ambulance
Rolled-back millage rate is 1.9897
Proposed millage rate is 2.0792 Ec
Proposed millage rate is 4.50% above the rolled-back rate
Taxing Authority: Middle Keys Health Care MSTU
Rolled-back millage rate is 0.4789
Proposed millage rate is 0.5000
Proposed millage rate is 4.41% above the rolled-back rate
Aggregate
Rolled-back millage rate is 3.2227
Proposed millage rate is 3.3602
Proposed millage rate is 4.27% above the rolled-back rate
2 Page 07 27 2 0 0
Packet Pg. 3675
0.1.c
I" Public Hearing
Thursday, September 3rd, 2020, 5:05 P.M.
Harvey Government Center
1200 Truman Ave.
Key West, FL
2nd Public Hearing-Special Budget Meeting
Tuesday, September 81h, 2020, 5:05 P.M.
Marathon Government Center
2798 Overseas Highway
Mile Marker 50
Marathon, FL
Final Public Hearing
Wednesday, September 161h, 2020, 5:05 P.M.
Murray E. Nelson Government Center
102050 Overseas Highway Mile Marker 102 0
Key Largo, FL >
2
Motion was made by Commissioner Rice and seconded by Commissioner Coldiron
granting approval of the item and that if there is an extension on the Governor's Executive Order
that the virtual meeting notice for the hearings will be lawfully published. Roll call vote was
21
taken with the following results:
Commissioner Cates No
Commissioner Coldiron Yes
Commissioner Murphy Yes
Commissioner Rice Yes
Mayor Carruthers Yes
Motion carried.
PUBLIC HEARING
HI A Public Hearing was held to consider amendments to Ordinance No. 024-2020
(amended mask Ordinance adopted July 21, 2020) and Ordinance No. 023-2020
(closures/alcohol ban during lobster mini season adopted July 15, 2020) due to the alarming
increase in cases of COVID-19. Mr. Shillinger and Ms. Boan addressed the Board. The
following individuals addressed the Board: Debra Wilson and Nick Stowell. After discussion,
motion was made by Commissioner Coldiron and seconded by Commissioner Murphy adding
the following language to Ordinance No. 023-2020:
3 1 P a g e 0 7 / 2 7 / 020
Packet Pg. 3676
0.1.c
SECTION 3. Mandatory requirements.
(5) This prohibition does not prevent a restaurant from selling food to customers via
drive through, delivery, and/or curbside service during the hours of 11:00 p.m. and 5 a.m.
Roll call vote carried unanimously.
Motion was made by Commissioner Rice and seconded by Commissioner Coldiron to
add the following language to Ordinance No. 023-2020:
SECTION 4. Penalties and Enforcement.
(2) Civil Citation.
c. If a person issued a citation does not wish to contest the violation, that person
may pay a fine of$250 to the Clerk of Court in lieu of contesting the citation.
Roll call vote carried unanimously.
Motion was made by Commissioner Rice and seconded by Commissioner Murphy to 0
adopt the following Ordinance amending Ordinance No. 023-2020. Roll call vote carried
unanimously. C,
CL
ORDINANCE NO. 025-2020
Said Ordinance is incorporated herein by reference. 21
Mr. Shillinger addressed the Board. Motion was made by Commissioner Murphy and
seconded by Commissioner Rice recommending that people do not gather in groups of more than
ten. Roll call voted carried unanimously.
Kevin Wilson, Assistant County Administrator; and Mr. Shillinger 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 q. xa wach,o.C'.
4 1 P a g e 0 7 / 2 7 / 020
Packet Pg. 3677
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Special Meeting
Board of County Commissioners
Tuesday, July 21, 2020
Via Communication Media Technology
A special 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 There were no Additions, Corrections or Deletions to the agenda. Motion was made by 0
Commissioner Rice and seconded by Commissioner Coldiron granting approval of the agenda.
Motion carried unanimously. 2
COVID-19 'd
21
B1 Bob Shillinger, County Attorney, gave a COVID-19 update and discussed additional
protective measures. The following individuals addressed the Board: Scott Ofstein, Melynda
Sachs, Tracy Baskey, Penny Shea, Jason Gallo, Eric Brown, Charlie (last name not given), Joe
May, Scott Kerr, Max Keiper, Rick Haskins, Debra Wilson, Leslie Christensen, Nic Wells, Carol
Meyers, Robert Stevens, Jeff A (full last name not given), Wendy Bonilla, Michelle Roseberry,
Sally Bauer, Michael Morris, Bob Glazer, Holli Harrington, Stacey Creighton, John Benckstein
and Fred Caneo.
Commissioner Rice excused himself from the meeting during public comments.
After discussion, motion was made by Commissioner Coldiron and seconded by Mayor
Carruthers to approve tweaking our vacation rental Ordinance to state: two per occupancy, of
two per bedroom,plus two; to provide local management; and to have the name and phone
number of the manager out in visible site on a board. Roll call vote carried unanimously, with
Commissioner Rice not present.
PUBLIC HEARING
C1 A Public Hearing was held to consider revisions to Ordinances 022-2020 (amended mask
ordinance) and 023-2020 (closures during lobster mini season) due to the continuing spike in cases of
I I Page 0 712112020
Packet Pg. 3678
COVID-I9. Mr. Shillinger addressed the Board. The following individuals addressed the Board:
David Gonzalez, John Ambrosio, Glenn Smith, Ted Lund,Patricia Hann, Harrison Simmons, Lauren
(last name not given), Michael Freas, Ricky Cullen, John Benckenstein, Jeff Sims, Rick Haskins, Ted
(last name not given), Jason Gallo, Thor Sheffield, Debra Wilson, Gerald Ward, Margie Aniline, D.J.
Halligan, Wendy Bonilla,Kaylee Brend and Kevin Donovan. After discussion, motion was made by
Commissioner Murphy and seconded by Mayor Carruthers to send a letter to the state asking them to
cancel the mini season. Roll call vote was taken with the following results:
Commissioner Cates No
Commissioner Coldiron No
Commissioner Murphy Yes
Mayor Carruthers No
Motion failed.
Mr. Shillinger, Kevin Wilson, Assistant County Administrator; and Roman Gastesi,
County Administrator, addressed the Board.
a�
Commissioner Rice returned to the meeting.
The followingindividuals addressed the Board: Spencer Krenke representing Masks in 0
P P g ru
Public Project; Michael Freas, Gerald Ward, Barton Smith,representing many local hoteliers,
restaurants and businesses; D.J. Halligan and Harrison Simmons. After discussion, motion was CL
CL
made by Commissioner Rice and seconded by Commissioner Murphy to adopt the following
Ordinance amending Ordinance 022-2020, as follows:
21
SECTION 4. Mandatory requirements.
6
U
test fef: GOVID19. The elostif:e pf-evision does not apply to essential btfsifiesses as defined by
LEeetftive Of:def20 n�-as amr2iided—
(-!�) (4)
(-74 (6)
SECTION 5. Penalties and Enforcement.
(2) Civil Citation.
2 1 P a g e 0 712 112 0 0
Packet Pg. 3679
C. If a Person issued a citation does not wish to contest the violation,
that person mU pay a fine of$250 to the Clerk of Court in lieu of contesting
the citation.
Roll call vote carried unanimously.
ORDINANCE NO. 024-2020
Said Ordinance is incorporated herein by reference.
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 q. xa w cPt,o.C'.
0
2
CL
CL
21
U
3 Page 0 712 112 0 0
Packet Pg. 3680