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01/20/2021 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, January 20, 2021 Marathon, Florida& Via Communication Media Technology A regular meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. at the Marathon Government Center and via Communication Media Technology. Present and answering to roll call were Commissioner Mike Forster, Commissioner Eddie Martinez, Commissioner David Rice and Mayor Michelle Coldiron. Commissioner Craig Cates attended the meeting by Zoom. 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. Bob Shillinger, County Attorney, addressed the Board. Motion was made by Commissioner Rice and seconded by Commissioner Martinez declaring the circumstances to be exceptional and to allow Commissioner Cates to vote via Zoom. Roll call vote carried unanimously, with the Commissioners physically present. ADDITIONS, CORRECTIONS AND DELETIONS Al Motion was made by Commissioner Rice and seconded by Commissioner Forster granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARD B 1 Presentation of Mayor's proclamation declaring the month of January 2021 as Monroe County Human Trafficking Awareness and Prevention Month. BULK APPROVALS Motion was made by Commissioner Martinez and seconded by Commissioner Rice granting approval of the following items by unanimous consent: C1 Board ratified the purchase of eleven 2021 F-150 Crew Cab pickup trucks from Alan Jay Fleet Sales; one 2021 F-250 Crew Cab diesel pickup truck from Coggin Ford; and one 2021 F- 250 Crew Cab gas pickup truck from Duval Fleet to replace vehicles totaled by Hurricane Irma. C3 Board granted approval to award bid and authorized execution of a Construction Contract with Zahlene Enterprises, Inc. for the 1st Street and Bertha Street(Key West) Roadway and Ile 11 Drainage Improvement Project in the amount of$4,694,999.99. The construction is being partially funded by a Florida Department of Transportation Small County Outreach Program Grant in the amount of$1,815,020.00; and the City of Key West will be reimbursing the County for City requested construction scope in the approximate amount of$795,354.60. C4 Board adopted the following Resolution to amend Sections 5.02 (A) (4) of the Monroe County Personnel Policies & Procedures Manual, addressing overtime pay for non-exempt, non- emergency workers, to include holiday, vacation, sick time, or compensatory time towards an employee's regular schedule for the purposes of overtime calculation, becoming effective January 31, 2021. RESOLUTION NO. 001-2021 Said Resolution is incorporated herein by reference. C5 Board granted approval and authorized execution of a Commercial Lease Renewal Amendment 42 (5th year Renewal)with UH US Big Pine 2019, LLC (f/k/a Big Pine Key, 2013 LLC, Inc.) for operation of the Monroe County Library at the Big Pine Key Shopping Center. Funding is ad valorem. C6 Board granted approval to advertise a competitive solicitation/public auction for the sale of seven Monroe County Fire Rescue surplus vehicles. C7 Board granted approval and authorized execution of Jacobs Project Management Co.'s Task Order 12/15-81 in the amount of$76,808.00 for Construction Administration and Construction Inspection Services during the Florida Keys Marathon International Airport Terminal Interior Rehabilitation Project. The task order is funded by FDOT Grant GIP52 (80%); and Marathon Airport Operating Fund 403 (20%). C8 Board granted approval to issue a new bid solicitation for Landscaping Services at the Key West International Airport. C9 Board granted approval and authorized execution of the 5th Amendment to Contract with Gardens of Eden of the Florida Keys, Inc., for landscaping services at Key West International Airport. The contract is funded by Airport Operating Fund 404. C11 Board granted approval and authorized execution of the 4th Amendment to Business Lease with Ships Way, Inc., for its requested annual CPI-U increase of 2.3% for the upcoming year, for the District 2 Commissioner's office space in Big Pine Key. The new monthly rental amount will be $1,327.09 paid from ad valorem funding. C12 Board granted approval and authorized execution of the 4th Renewal and Amendment to Agreement with Dion Fuels LLC for the 4th additional one-year term beginning March 15, 2021. C13 Board granted approval and authorized execution of Jacobs Project Management Co.'s Task Order No. 12/15-91 in the amount of$309,453.00 for Aircraft Overflow Parking Design Phase 2 at the Key West International Airport. The project was identified in the Master Plan completed in 2019 due to increased aircraft activity and the need for additional aircraft apron parking. The Task Order is being funded by FDOT Grant GIQ91 (50%); and Airport Operating Fund 404 (50%). C14 Board granted approval to issue a Purchase Order to Hi-Lite Airfield Services, LLC in the amount of$73,532.53 under FDOT State Contract BE-497 for airport runway, taxiway and apron striping/markings at the Florida Keys Marathon International Airport; to be paid from FDOT Grant G1238 (80%); and Airport Operating Fund 403 (20%). C 15 Board granted approval and authorized execution of a 1st Amendment to Airport Operating Agreement with Lyft, Inc. to operate its transportation network business at the Key West International Airport through June 30, 2022; and includes incremental increases in the per trip fee paid to the Airport. C16 Board granted approval to rescind 2011 approval of District Two Transportation Impact Fee allocation to the Truman Bridge (Duck Key) Widening Project; and re-allocate $929,520.00, plus $88,000.00 additional District Two Transportation Impact Fees, for a total of$1,017,520.00 to partially fund the Bimini Bridge (Duck Key)replacement construction. C17 Board adopted the following Resolution extending the paid and partially paid leave of absence provisions of the Families First Coronavirus Response Act for employees through March 31, 2021. RESOLUTION NO. 002-2021 Said Resolution is incorporated herein by reference. C20 Board granted approval and authorized execution of the 1 lth Amendment to the Agreement for Professional Services with Currie Sowards Aguila Architects, Inc. for the design through construction administration of the Plantation Key Judicial Courthouse and Detention Facility. This 1 lth Amendment is for a not to exceed amount of$27,905.00; and is for revisions to existing drawings in order to update certain items as requested by the Monroe County Sheriffs Office and the 16th Judicial Court. C21 Board granted approval of the Monroe County Purchasing Policy which includes revisions to Chapter 3-Competitive Solicitation Process regarding award of contracts and bid protest procedure; and Chapter 14-Federal Funding Requirements to include new federal regulations under 2 C.F.R. 200, to clarify the bonding requirements; and to add the Anti Lobbying Certification Form. C23 Board accepted the report of monthly Change Orders for the month of December 2020 reviewed by the County Administrator/Assistant County Administrator. Said report is incorporated herein by reference. C24 Board granted approval and authorized execution of a Month-to-Month Lease Renewal Agreement with Marathon Hangar Development, Inc. for four hangar buildings at the Florida Keys Marathon International Airport while lease negotiations are being concluded. C25 Board accepted the report of Airport Change Orders for the month of December 2020 reviewed by the County Administrator/Assistant County Administrator. Said report is incorporated herein by reference. C27 Board ratified and granted approval of the 2nd Amendment to Coronavirus Relief Fund Agreement 4078-2020 between the Florida Housing Finance Corporation and Monroe County BOCC/Social Services to increase funds for the period of July 28, 2020 through March 31, 2021, increasing the total allocation of$938,988.00 by $803,936.00, for a total amount of $1,742,924.00. The period of performance (actual service delivery) for this grant is March 1, 2020 through December 30, 2020. C28 Board ratified and granted approval of the 3rd Amendment to Coronavirus Relief Fund Agreement 4078-2020 between the Florida Housing Finance Corporation and Monroe County BOCC/Social Services to increase funds for the period July 28, 2020 through March 31, 2021, increasing the total allocation of$1,742,924.00 by $300,000.00, for a total amount of $2,042,924.00. The period of performance (actual service delivery) for this grant is March 1, 2020 through December 30, 2020. C29 Board ratified and granted approval of the Standard Contract No. AA-2129, Older Americans Act between the Alliance for Aging, Inc., and the Monroe County Board of County Commissioners/Monroe County Social Services/In-Home Services and Nutrition Programs for the contract period of January 1, 2021 through December 31, 2021 in the amount not to exceed $700,545.79. C30 Board adopted the following Resolution adopting the 2020 update of the Local Mitigation Strategy as required by state and federal regulations to maintain eligibility for certain mitigation grant funding. RESOLUTION NO. 003-2021 Said Resolution is incorporated herein by reference. C31 Board granted approval to waive Purchasing Policies and Procedures and declare an emergency for the purpose of purchasing an ADA Passenger Boarding Ramp from Keith Consolidate Industries, Inc., in the amount of$63,550.00, for emergency replacement of an existing ADA ramp that can no longer meet the new fleet mix at the Key West International Airport. The boarding ramp will be paid from FAA CARES Grant 37-62; State FDOT Grant GOE47; and/or Airport Operating Fund 404. C32 Board adopted the following Resolutions for the Transfer of Funds and for the Receipt of Unanticipated Revenue: 41Page 1 1 Receipt of Unanticipated Funds (OMB Schedule Item No. 1). RESOLUTION NO. 004-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 2). RESOLUTION NO. 005-2021 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 3). RESOLUTION NO. 006-2021 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 4). RESOLUTION NO. 007-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 5). RESOLUTION NO. 008-2021 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 6). RESOLUTION NO. 009-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 010-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 011-2021 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 9). RESOLUTION NO. 012-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 013-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 014-2021 Said Resolution is incorporated herein by reference. 51Page 1 1 Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 015-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 016-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 017-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 018-2021 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). RESOLUTION NO. 019-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 020-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 021-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 022-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 023-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 024-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO. 025-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO. 026-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 24). RESOLUTION NO. 027-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 25). RESOLUTION NO. 028-2021 Said Resolution is incorporated herein by reference. C33 Board granted approval and authorized execution of an Interlocal Agreement between Monroe County, the City of Key West, and the Housing Authority of the City of Key West for Poinciana Gardens funding. HURRICANE IRMA RECOVERY D1 Board granted approval to terminate the Contract with RAS Building Commissioning & Restoration, LLC to construct a "tiny house" on Ramrod Key; and granted approval to issue a new Request for Proposals for construction of a model "Tiny House" on the County owned parcel at 252 Sands Road, Big Pine Key, Florida. This unit will serve as a prototype for redevelopment with eventual use as employee rental housing. Total cost is estimated in the range of$150,000.00 to $350,000.00. D3 Board granted approval to rescind the 1st Amendment to the Contract with RAS Building Commissioning & Restoration, LLC to construct a "tiny house" at 252 Sands Road, Big Pine Key, Florida. D4 Board granted approval to negotiate a Contract with Wood Environment and Infrastructure Solutions, Inc., the sole respondent to an RFP issued for monitoring services, for Hurricane Irma marine debris removal from canals in unincorporated Monroe County not approved under the former USDA NRCS grant, funded by grant funds from the Florida Department of Environmental Protection Stewardship grant LP44074. TOURIST DEVELOPMENT COUNCIL El Board granted approval and authorized execution of the lst Amendment to Agreement with Pigeon Key Foundation, Inc. to extend Agreement for the Pigeon Key Grid Tie Power Line Project to September 30, 2021. E2 Board granted approval and authorized execution of the 1st Amendment to Agreement with The Ameurop Group, Inc. to reduce compensation for multilingual tourist assistance from $1,500.00 a month to $1,000.00 a month effective December 1, 2020 due to a reduction in inquiries from international travelers due to the COVID-19 pandemic. E3 Board granted approval of the request to waive policies and bid process and enter into an Agreement with STR, Inc. who is the only entity that provides local reporting specific to Monroe County accommodations and provides reports pertaining to occupancy and daily average rates on weekly, monthly and an annual basis to the Monroe County Tourist Development Council. The data provides analytical data base information utilized by the Monroe County Tourist Development Council. E4 Board granted approval and authorized execution of an Agreement with the Upper Keys Community Pool, Inc., in an amount not to exceed $86,784.00, Fiscal Year 2021 DAC V Capital Resources for the Jacobs Aquatic Center Lighting Upgrade Project. E5 Board granted approval and authorized execution of an Agreement with The Coral Restoration Foundation, Inc., in an amount not to exceed $55,800.00, Fiscal Year 2021 DAC 11 Capital Resources for the CRF - Coral Restoration -Lower Keys 2021 Project. E6 Board granted approval and authorized execution of an Agreement with The Coral Restoration Foundation, Inc., in an amount not to exceed $50,850.00, Fiscal Year 2021 DAC IV Capital Resources for the CRF - Coral Restoration -Islamorada 2021 Project. E7 Board granted approval and authorized execution of an Agreement with The Coral Restoration Foundation, Inc., in an amount not to exceed $156,955.00, Fiscal Year 2021 DAC V Capital Resources for the CRF - Coral Restoration -Key Largo 2021 Project. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS J1 Board granted approval and authorized execution of a three-year(with two additional one-year terms) Contract with Charley Toppino & Sons, Inc. for the demolition, removal, and disposal of uninhabitable structures and debris for the County. This includes proper reclamation and disposal of associated hazardous waste and will be made up of individual jobs consisting of demolition, removal and disposal of structures and debris as requested by the County. J3 Board adopted the following Resolution to extend the reservation of twenty-eight low- income category affordable housing ROGO allocations pursuant to Monroe County Code Section 138-24(b)(2) for a 28-unit affordable-employee housing development located on U.S. Highway 1, South Point Drive and Cypress Road, Tract"B", revised plat of amended plat of Sugarloaf Shores Section F, Sugarloaf Key (approximate mile marker 16.5), currently having property identification number 00166976-011400, until November 20, 2021. RESOLUTION NO. 029-2021 Said Resolution is incorporated herein by reference. J4 Board adopted the following Resolution to extend the reservation of sixty affordable housing allocations consisting of twenty-seven low income and thirty-three moderate income affordable housing allocations pursuant to Monroe County Code Section 138-24(b)(2) for a 60- unit affordable employee housing development located on U.S. Highway 1, South Point Drive and Cypress Road, Tract"A", revised plat of amended plat of Sugarloaf Shores Section F, Sugarloaf Key (approximate mile marker 16.5), currently having property identification number 00166976-011300, until November 20, 2021. RESOLUTION NO. 030-2021 Said Resolution is incorporated herein by reference. J8 Board granted approval and authorized execution of a Grant Agreement between Monroe County and the Florida Fish and Wildlife Conservation Commission providing $24,069.00 in funding to the County for the removal of two derelict vessels in County waters. J10 Board adopted the following Resolution approving a request to vacate an easement on property located at 30 and 32 Ocean Reef Drive, Ocean Reef, Key Largo, Monroe County, Florida. RESOLUTION NO. 031-2021 Said Resolution is incorporated herein by reference. J11 Board granted approval to re-appoint Rudolph Krause, CBC048885, to one additional three-year term, to the Contractors' Examining Board beginning January 21, 2021 through January 21, 2024. J12 Board granted approval to re-appoint Charles E. Miller, CGCO23830, to one additional three-year term, to the Contractors' Examining Board beginning April 19, 2021 through April 19, 2024 as the first alternate voting member. J14 Board granted approval of the waiver of Purchasing Policy Chapter 2 (17)(1) Competitive Bid Process Requirement for Awards of Agreements in excess of$49,999.99; and granted approval and authorized execution of a Sole Source Agreement for Professional Services between All Aspects Inspection Services LLC and Monroe County for Alternative Inspection Services for a term of one year; and in an amount of up to $50,000.00. SHERIFF'S OFFICE L1 Board granted approval of the Local Police Services Contract with the City of Layton, the Monroe County Sheriffs Office, and Monroe County. COMMISSIONERS' ITEMS M1 Board granted approval of Commissioner Cates' reappointment of Ron Demes to the Monroe County Planning Commission, with a term expiring February 19, 2025. M4 Board granted approval of Commissioner Forster's reappointment of Gina Boilini to the Monroe County Shared Asset Forfeiture Fund Advisory Board, for an additional term, to expire on November 20, 2022. M5 Board granted approval of Commissioner Rice's reappointment of Margaret Tower- Smith, to a 4-year term on the Parks and Recreation Advisory Board, with a term expiring January 20, 2025. M6 Board granted approval of Commissioner Rice's reappointment of Derrick Johnson to the Community Block Development Grant Citizen Task Force, with a term expiring January 20, 2025. M7 Board granted approval of Mayor Coldiron's reappointment of Darcy Wadsworth to the Monroe County Parks and Recreation Advisory Board, with a term expiring January 20, 2023. M9 Board granted approval of Commissioner Rice's reappointment of Cynthia McKnight to the Florida Keys Council of Persons with Disabilities, as the District 4 representative, with a term expiring September 20, 2023. M10 Board granted approval of Commissioner Rice's reappointment of Beth Kaminstein to the Art in Public Places Committee, with a term expiring November 21, 2022. COUNTY CLERK N1 Board granted approval of the minutes from the regular meeting of October 21, 2020. Said minutes are incorporated herein by reference. N2 Board granted approval of BOCC Warrants 10078092-10080286, (PR Checks), 3137013- 3138781 (PR Voucher), 26605-26726 (WC) for the month of December 2020, as follows: 001 General Fund, in the amount of$43,028,707.32; 101 Fine & Forfeiture, in the amount of $4,780,848.97; 102 Road/Bridges, in the amount of$732,285.87; 104 Middle Keys Health Care MSTU, in the amount of$441,118.00; 115 Tourist Development Council-Two Penny, in the amount of$353,540.47; 116 TDC - Admin Promo 2 Cent, in the amount of$451,281.57; 117 TDC - District 1 Third Cent, in the amount of$552,010.97; 118 TDC - District 2 Third Cent, in the amount of$68,332.65; 119 TDC - District 3 Third Cent, in the amount of$318,016.72; 120 TDC - District 4 Third Cent, in the amount of$144,142.34; 121 TDC - District 5 Third Cent, in the amount of$182,694.84; 125 Grant Fund, in the amount of$6,234,715.68; 130 Impact Fees/Roadways, in the amount of$12,118.50; 141 Fire/Ambulance, in the amount of $1,197,426.31; 147 Unincorporated Service, in the amount of$270,014.96; 148 Planning Building, in the amount of$688,192.49; 149 Municipal Policing, in the amount of$596,963.66; 150 E911 Enhancement Fund, in the amount of$36,754.88; 152 Duck Key Security, in the amount of$15,695.55; 153 Local Housing Assistance, in the amount of$104,345.11; 157 Boating Improvement Fund, in the amount of$62,419.59; 158 Miscellaneous Special Revenue Fund, in the amount of$94,644.56; 160 Environmental Restoration, in the amount of $18,879.52; 163 Court Facilities, in the amount of$12,252.39; 177 Canal 4266 MSBU, in the 101 Page 11 amount of$1,500.00; 180 Building Funds, in the amount of$420,080.83; 207 2003 Revenue Bonds, in the amount of$12,058,675.57; 304 1 Cent Infrastructure, in the amount of $495,601.62; 310 Big Coppitt Wastewater, in the amount of$238.40; 312 Cudjoe Regional WW Project, in the amount of$10,217.32; 314 Series 2014 Revenue Bonds, in the amount of $1,168,726.71; 401 Card Sound Bridge, in the amount of$48,975.37; 403 Marathon Airport, in the amount of$567,887.50; 404 Key West Intl Airport, in the amount of$1,703,296.14; 406 PFC & Operating Restrictions, in the amount of$530,107.35; 414 MSD Solid Waste, in the amount of$1,659,476.45; 501 Workers' Compensation, in the amount of$315,435.15; 502 Group Insurance Fund, in the amount of$2,179,191.05; and 503 Risk Management Fund, in the amount of$176,927.95. N3 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. N4 Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. Said inventory is incorporated herein by reference. N5 Board granted approval of Tourist Development Council expenses for the month of December 2020, as follows: Advertising, in the amount of$1,096,654.66; Bricks & Mortar Projects, in the amount of$249,311.79; Events, in the amount of$39,754.11; Office Supplies & Operating Costs, in the amount of$35,882.31; Personnel Services, in the amount of $109,210.40; Public Relations, in the amount of$245, 195;48; Sales & Marketing, in the amount of$50,795.49; Telephone &Utilities, in the amount of$23,730.72; Travel, in the amount of $508.60; and Visitor Information Services, in the amount of$83,485.58. COUNTY ADMINISTRATOR 01 Board accepted the County Administrator's monthly report for January 2021. Said report is incorporated herein by reference. 02 Board adopted the following Resolution supporting enhanced access to affordable reliable high-speed internet throughout the State of Florida. RESOLUTION NO. 032-2021 Said Resolution is incorporated herein by reference. 03 Board adopted the following Resolution authorizing a land exchange with Fishermen's Health, Inc. to convey a portion of the property containing the old Marathon Branch Library to Fishermen's in exchange for Fishermen's property at 2855 Overseas Highway in Marathon; with a 15 year restrictive covenant prohibiting the latter property from any medical use; and authorizing the Mayor to execute any documents necessary to complete exchange. RESOLUTION NO. 033-2021 Said Resolution is incorporated herein by reference. 04 Board adopted the following Resolution to accept the Southeast Florida Regional Climate Change Compact Counties 2021 State and Federal Energy and Climate Legislative Programs. RESOLUTION NO. 034-2021 Said Resolution is incorporated herein by reference. 05 Board adopted the following Resolution supporting the development of civilian aviation operations at the Homestead Air Force Base that is consistent with the Air Force's Second Supplemental Record of Decision. RESOLUTION NO. 035-2021 Said Resolution is incorporated herein by reference. COUNTY ATTORNEY P1 Board accepted the County Attorney report for the month of January 2021. Said report is incorporated herein by reference. P2 Board granted approval to dispose of the following surplus law books that are no longer useful to the County Attorney's Office: 1) Southern Reporter/Florida cases ranging from Volume 1 of Southern Reporter, 2nd Series to Volume 995 of Southern Reporter, 2nd Series; 2) Florida Jurisprudence 2nd Series, which were last updated in 2007; 3) Florida Pleading & Practice Forms, last updated at 2003; 4) American Jurisprudence 2d (state & federal), last updated at 2005; 5) Am. Jur. Legal Forms; and 6) Am. Jur. Pleading &Practice. P3 Board adopted the following Resolution adopting the 2021 version of the Risk Management Policy and Procedures Contract Administration Document revising provisions regarding all risk property insurance requirements for leased properties at the airports. RESOLUTION NO. 036-2021 Said Resolution is incorporated herein by reference. P4 Board granted approval to issue a Request for Proposals for law firms interested in representing the County in potential litigation against parties involved in the manufacture and distribution of substances containing per- and polyfluoroalkyl substances to cover future costs for testing, remediation and monitoring as a result of environmental contamination. P6 Board accepted the semi-annual examination of public official bonds for County Commissioners and Constitutional Officers pursuant to F.S. 137.05; and Section 2-28 of the Monroe County Code; and finding that all current bonds and/or insurance policies are adequate. 121 Page 1 1 SUSTAINABILITY S1 Board granted approval to advertise a Public Hearing, to consider adoption of a proposed Ordinance amending Chapter 22 of the Monroe County Code, creating Article VII establishing a Municipal Service Benefit Unit for the collection of special non-ad valorem special assessments for road elevation and improvement projects to be constructed due to the sea level rise and flood mitigation program, and authorizing the creation of assessment areas in the future. The public hearing will be held on February 17, 2021 in Key West, Florida at 1:30 p.m. or as soon thereafter as may be heard. LEGISLATIVE AFFAIRS S2 Board granted approval of the Monroe County 2021 State Legislative Agenda. Said agenda is incorporated herein by reference. FACILITIES MAINTENANCE S3 Board granted approval and authorized execution of a one-year Residential Lease Agreement with County employee, Douglas Smith, as lessee, for the Key Largo Tiny House. S4 Board granted approval and authorized execution of a Lease Agreement with Congressman Carlos A. Gimenez for office space at the Gato Building, Room 1-213, in Key West, Florida at no charge. PUBLIC LIBRARIES S5 Board granted approval to rescind Agenda Item 7394, approved by the Board at the December 9, 2020 meeting, amending the Contract with Innovative Interfaces, Inc. (originally Polaris)to augment current circulation capabilities with hardware and software at a one-time cost of$60,799.94; and granted approval and authorized execution,pursuant to the sole source exclusion to Monroe County Purchasing Policies and Procedures, of an Agreement with EnvisionWare, Inc. in the amount of$95,260.03 to augment circulation hardware and software for the new Marathon Branch Library, including self-checkout, tablet stations,printing, self-pay station, PC reservations capabilities, 24/7 hold lockers and more. Funding is from Library Impact Fees. FACILITIES MAINTENANCE S6 Board granted approval and authorized execution of a one-year Residential Lease Agreement with County employee, JW, as lessee, for Unit B, of a County-owned duplex. Motion carried unanimously. 131 Page 1 1 MISCELLANEOUS BULK APPROVALS C2 Mr. Shillinger addressed the Board concerning approval of a Resolution naming the three members of the County Commission designated by the Board to represent Monroe County on the Board of Governors of Fire and Ambulance District 1 (BOG)for 2021 as required by Ordinance No. 045-1988. After discussion, motion was made by Mayor Coldiron and seconded by Commissioner Cates to designate Commissioner Rice, Commissioner Cates, and Commissioner Martinez to the BOG. Motion carried unanimously. RESOLUTION NO. 037-2021 Said Resolution is incorporated herein by reference. C10 Motion was made by Commissioner Rice and seconded by Commissioner Martinez granting approval and authorizing execution of an annual Agreement with the Monroe County Sheriff's Office to provide 320 square feet of office space at the Murray E. Nelson Government and Cultural Center in Key Largo, Florida. Motion carried unanimously. C19 Mr. Shillinger addressed the Board. Motion was made by Commissioner Forster and seconded by Commissioner Martinez granting approval of the Monroe County Designated Receiving System Plan for 2021-2030 as presented by South Florida Behavioral Health Network, d/b/a Thriving Mind South Florida, the designated managing entity for Monroe County and Miami/Dade County, for a centralized receiving system for Monroe County as required by Senate Bill 12 (Chapter 2016-241). Roll call vote carried unanimously, with Commissioner Rice abstaining due to a conflict. C22 Motion was made by Commissioner Forster and seconded by Commissioner Martinez granting approval and authorizing execution of the 1st Amendment to the Agreement with the Guidance/Care Center(G/CC) for Transportation for Disadvantaged Services. Attachment D to the Agreement will be revised to incorporate the 1st Amendment to the Florida Commission for the Transportation Trip & Equipment Grant Agreement between the State of Florida Commission for the Transportation Disadvantaged and G/CC; increasing the project costs and thus increasing the required local match to $41,225.00. Roll call vote carried unanimously, with Commissioner Rice abstaining due to a conflict. C26 Mr. Shillinger addressed the Board. Motion was made by Commissioner Rice and seconded by Commissioner Martinez granting approval and authorizing execution of Jacobs Project Management Co.'s Task Order No. 12/15-94 in the amount of$907,963.00 for design and permitting of the Taxiway A Extension Project at the Key West International Airport. In accordance with the Master Plan completed in 2019 Taxiway A will be extended to meet at the runway end to eliminate the need for aircraft to back taxi on Runway 9-27. The task order is being funded by FAA (anticipated supplemental grant), FDOT Grant G1007; and Airport Operating Fund 404. Motion carried unanimously. The Board of County Commissioners meeting adjourned for the Board of Governors, Fire & Ambulance District 1, meeting. 141 Page 11 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 Martinez, Commissioner Rice, Councilman Lewis, and Mayor Halle. H1 Motion was made by Commissioner Rice and seconded by Commissioner Cates to adopt the following Resolution of the Board of Governors of Fire and Ambulance District 1 (BOG) electing Mayor Halle as the Chairperson and Councilman Lewis as the Vice-Chairperson of the BOG for 2021, as required by Ordinance No. 045-1988. Motion carried unanimously. RESOLUTION NO. 038-2021 Said Resolution is incorporated herein by reference. The Board of Governors, Fire & Ambulance District 1, adjourned. The Board of County Commissioners meeting reconvened with all Commissioners present. COUNTY ADMINISTRATOR 06 Lindsey Ballard, Aide to the County Administrator; and Mr. Shillinger addressed the Board concerning the 2021 appointments of Commissioners to various duties. After discussion, motion was made by Commissioner Martinez and seconded by Commissioner Rice approving the appointments to the various boards and committees. Motion carried unanimously. Said appointments are attached hereto. COVID-19 Il Shannon Weiner, Director of Emergency Management; and Bob Eadie, JD, Administrator& Health Officer for the Monroe County Health Department, gave a COVID-19 update. COMMISSIONERS' ITEM M3 Roman Gastesi, County Administrator; Ms. Weiner, Mr. Eadie and Bryan Cook, Employee Services Director, addressed the Board regarding transitioning County employees back to in-person workspaces. The Board took no official action. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS J13 Christine Hurley, Assistant County Administrator, gave a Power Point Presentation update on the Federal Emergency Management Agency Preliminary Flood Insurance Rate Maps (FIRMS)published notice to open comments and appeals of the proposed updates to Monroe 151 Page 1 1 County's FIRMS in the Federal Register, the appeal process, Woods Hole Group, Inc. findings and the required Comprehensive Plan and Land Development Code amendments necessary because of new FIRM maps. Mayte Santamaria, Senior Planning Policy Advisor; and Mr. Shillinger addressed the Board. Leslie Fields, representing Woods Hole Group, Inc.; and George Garrett, City of Marathon Manager, addressed the Board. J7 Motion was made by Commissioner Rice and seconded by Commissioner Martinez granting approval and authorizing execution of the 2nd Amendment to Contract with the Woods Hole Group, Inc., adding acquisition of Hurricane Irma wind and pressure fields, model simulation of Hurricane Irma, update of statistical water levels, and update 500-year overland wave analysis, in the additional amount of$15,190.00 for FEMA Coastal Risk MAP Development Consulting Services. Roll call vote carried unanimously. HURRICANE IRMA RECOVERY D2 Celia Hitchins, Sr. Administrator, Marine Resources, gave a Power Point Presentation on the approval of ranking of respondents; and approval to negotiate a Contract with the top-ranked respondent, Adventure Environmental, Inc., in association with a Request for Proposals for Marine Debris Removal Services along Shorelines and Nearshore Waters affected by Hurricane Irma with funding provided through a no-match Grant with the Florida Fish and Wildlife Conservation Commission. The following individuals addressed the Board: Captain David Dipre, with the Florida Fish and Wildlife Conservation Commission; Brian Vest, representing Conch Republic Marine Army; Bill Kelly, Executive Director of the Florida Keys Commercial Fishermen's Association; and Greg Tolpin, Vice President of Adventure Environmental, Inc. Ms. Hurley, Mr. Gastesi and Mr. Shillinger addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Forster to continue the item to February to 1)propose draft contract language for each vendor that quantifies the level of commercial fishermen utilization; and 2)to see if the two parties are willing to collaborate to provide one proposal. Roll call vote carried unanimously. PUBLIC HEARINGS Q1 A Public Hearing was held to consider approval of a Resolution transmitting an Ordinance by Monroe County Board of County Commissioners adopting amendments to the Monroe County 2030 Comprehensive Plan amending the Glossary to modify the definition of Accessory Use or Accessory Structure, modify the definition of Dwelling Unit, delete the definition of Family, modify the definition of Household, create a definition for kitchen, create a definition for Lock-out Unit, modify the definition of Transient Unit; create a definition for wet bar; and amending Policy 101.3.5 to address the term Lock-out Unit;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 (File 2019-098). Ms. Santamaria gave a Power Point Presentation. There was no public input. Motion was made by Commissioner Cates and seconded by Commissioner Rice to adopt the following Resolution. Roll call vote carried unanimously. 161 Page 1 1 RESOLUTION NO. 039-2021 Said Resolution is incorporated herein by reference. Q2 A Public Hearing was held to consider approval of a Resolution transmitting an Ordinance by Monroe County Board of County Commissioners adopting amendments to the Monroe County 2030 Comprehensive Plan to amend Policy 501.1.7, Objective 501.2, Policy 501.2.1, Policy 501.2.2, Policy 501.2.3 and Policy 501.5.3 of the Ports, Aviation and Related Facilities Element to allow airport improvements, which may impact wetland areas when there is no other viable alternative available, at the Key West International Airport and the Florida Keys Marathon International Airport, consistent with the Airport Master Plan and Airport Layout Plan for each public airport and consistent with all applicable federal and state permit/authorization requirements, including mitigation for environmental impacts;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 (File 2020-145). Ms. Santamaria gave a Power Point Presentation. There was no public input. Motion was made by Commissioner Forster and seconded by Commissioner Martinez to adopt the following Resolution. Roll call vote carried unanimously. RESOLUTION NO. 040-2021 Said Resolution is incorporated herein by reference. Q3 A Public Hearing was held to consider approval of a Resolution transmitting an Ordinance by Monroe County Board of County Commissioners adopting amendments to the Monroe County 2030 Comprehensive Plan amending the Future Land Use Element and the Housing Element to establish a new building permit allocation category to accept and award 300 workforce housing early evacuation unit building permit allocations pursuant to the Workforce- Affordable Housing Initiative (Workforce Initiative) authorized by the Florida Administration Commission and the Florida Department Economic Opportunity by amending as well as clarifying Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10, 101.3.11, 601.1, 601.1.1, 601.1.2, 601.1.8, 601.1.11, 601.5.1 and creating new Policy 101.3.12 to establish the specific Workforce Initiative requirements; 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 (File 2020-067). Ms. Santamaria gave a Power Point Presentation. The following individuals addressed the Board: Dotti Moses, representing the Island of Key Largo Federation of Homeowner's Association; Stuart Schaffer, representing the Sugarloaf Shores Homeowner's Association; and David Faulk. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Martinez to adopt the following Resolution with the alternate language which is a Resolution approving a contract between the Board and the property owner agreeing to exchange the early evacuation ROGOs for the existing ROGOs. Roll call vote carried unanimously. 171 Page 1 1 RESOLUTION NO. 041-2021 Said Resolution is incorporated herein by reference. Q4 A Public Hearing was held to consider revisions to Ordinance No. 032-2020, the County's mask Ordinance. Mr. Shillinger addressed the Board. There was no public input. The Board took no official action. CLOSED SESSIONS K2 Mr. Shillinger addressed the Board concerning 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 ofAdministrative Hearings Case Nos. 20- 2967 and 20-2968. Motion was made by Commissioner Martinez and seconded by Commissioner Rice to continue the item to the February 17, 2021 meeting in Key West. Roll call vote carried unanimously. K3 Mr. Shillinger addressed the Board concerning an Attorney-Client Closed Session in the matter of Donald Davis v. Monroe County, CA-M-04-379. Motion was made by Commissioner Rice and seconded by Commissioner Forster to continue the item to the February 17, 2021 meeting in Key West. Roll call vote carried unanimously. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS J2 Ms. Hitchins gave a Power Point Presentation on negotiating a Contract with at least one of the three respondents that submitted proposals in response to the Request for Proposals for Keys-wide Mobile Vessel Pumpout Service that were reviewed, scored and ranked by the Selection Committee on September 17, 2020. Ms. Hurley, Mr. Gastesi and Mr. Shillinger addressed the Board. The following individuals addressed the Board: Captain David Dipre, with the Florida Fish and Wildlife Conservation Commission; Kim Stamps, Chris Webster, representing On the Hook Marine Services LLC; and Sue Heim. After discussion, motion was made by Commissioner Cates and seconded by Commissioner Martinez to defer action on selecting a contractor under this RFP for one more month until we negotiate with the City of Key West to see if Key West will agree to continue the pump out service in areas the City is currently servicing and the lower keys and Key West, under what terms; and investigate the costs associated with taking the service in-house in the long term for each section of the keys; and report back in February on both of these with recommendations. Roll call vote carried unanimously. J5 Motion was made by Commissioner Rice and seconded by Commissioner Cates granting approval and authorizing execution of a Grant Agreement between Monroe County and the Florida Department of Environmental Protection providing $325,000.00 in funding as appropriated by the Florida Legislature during the 2020 Legislative Session to assist with Monroe County's Mobile Vessel Pumpout Service through June 30, 2021. Roll call vote carried unanimously. 181 Page 1 1 J6 Motion was made by Commissioner Forster and seconded by Commissioner Cates granting approval and authorizing execution of the Pt Amendment to Contract with On the Hook Marine Services LLC for Temporary Mobile Vessel Pumpout Services in the Upper Keys to extend the Contract for one additional month for a new Contract Value of$62,492.20; and waiver of the $50,000.00 competitive solicitation threshold outlined in Chapter 3 of the Monroe County Purchasing Policy. Roll call vote carried unanimously. COMMISSIONERS' ITEM M8 Captain David Dipre, with the Florida Fish and Wildlife Conservation Commission; and George Garrett, City of Marathon Manager, addressed the Board concerning the status of Mini Lobster Season Task Force. The Board took no official action. STAFF REPORTS F 1 Judith Clarke, Director of Engineering/Roads & Bridges, gave a Power Point Presentation on the Twin Lakes Roadway. The following individual addressed the Board: Stephanie Russo. F2 Emily Schemper, Sr. Director of Planning & Environmental Resources, addressed the Board concerning the calling of a special meeting regarding the potential exhaustion of ROGO allocations, to bring the three new Commissioners up to date, in February or March. Ms. Hurley and Mr. Shillinger addressed the Board. The Board took no official action. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS J9 Ms. Santamaria gave a Power Point Presentation on whether to direct staff to process a Comprehensive Plan and Land Development code amendment, to move a portion of the 234 remaining Market Rate - Rate of Growth Ordinance (ROGO)units, starting in ROGO year July 13, 2022 through July 12, 2026, to other allocation pools. Ms. Hurley and Mr. Shillinger addressed the Board. The following individual addressed the Board: Stuart Schaffer, representing the Sugarloaf Shores Homeowner's Association. The Board took no official action. COMMISSIONERS' ITEM M2 Mr. Shillinger and Mr. Gastesi addressed the Board concerning direction of whether to pursue adopting a County Charter. The Board took no official action. COUNTY ATTORNEY P5 Mr. Shillinger addressed the Board. After discussion, motion was made by Commissioner Cates and seconded by Commissioner Forster granting approval to repeal Section 2-28 of the Monroe County Code requiring County Officers to post public official bonds, which 191 Page 1 1 are duplicative in light of the County's errors and omissions insurance coverage. Motion carried unanimously. There being no further business, the meeting of the Board of County Commissioners was adjourned. Kevin Madok, CPA, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida J ameea.C;.MAnce,&, ae. 201 P a g e 1 1 0 oWz w V z w o�z z�w O a V W z w o�z Z �aW a � a a V a WSW Z yaw 0 ova g wv,w 5 �zz Zaw N c4 O v oW �z �o lc� U U U U p u U R U U U U o -a z o vC7Ca v v.� U o v CC � v o y U U W W0. WCQ W �1 wU Y, � 0 H U i U .5 l-. 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