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02/17/2021 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, February 17, 2021 Key West, Florida& Via Communication Media Technology A regular meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. at the Harvey Government Center and via Communication Media Technology. Present and answering to roll call were Commissioner Craig Cates, Commissioner Mike Forster, Commissioner David Rice and Mayor Michelle Coldiron. Commissioner Eddie Martinez arrived after the start of the meeting. Also present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Kevin Madok, Clerk of Court; Pamela Hancock, Deputy Clerk; county staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS AND DELETIONS Al Motion was made by Commissioner Rice and seconded by Commissioner 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 March 15, 2021, as Monroe County Womankind 20th Anniversary Day. Commissioner Martinez arrived at the meeting and took his seat. B2 Presentation of Years of Service Award for 35 years of service to Tom Hambright, Monroe County Public Library System's Lead Archivist and acclaimed local Historian. PUBLIC INFORMATION OFFICE Kristen Livengood, Public Information Officer,presented the Board with the Monroe County 2021 State of the County and Information Guide. BULK APPROVALS Motion was made by Commissioner Rice and seconded by Commissioner Forster granting approval of the following items by unanimous consent: IlPage 1 7 1 C1 Board adopted the following Resolution to amend three sections of the Personnel Policies and Procedures Manual including: 1) Section 4.08 Certification Incentive Salary Increase, allowing employees to obtain a certification incentive allowance prior to achieving career service status, and allowing up to four new certifications to be earned each year; 2) Section 7.05 Bereavement Leave, adding two additional days to current policy of two days leave and including temporary employees; 3) Section 8.02 D. (7) Workers Compensation Claims, deleting language that prevents use of annual, sick, or compensatory leave in conjunction with workers' compensation - FMLA absences. RESOLUTION NO. 042-2021 Said Resolution is incorporated herein by reference. C2 Board granted approval and authorized execution of a Lease Agreement with Florida House Representative James Mooney, Jr. for office space, Room 2-235, at the Murray E. Nelson Government Center in Key Largo, at no charge. C3 Board adopted the following Resolution to suspend Section 7.01 C. of the Personnel Policies and Procedures Manual regarding loss of annual leave that exceeds the allowable maximum threshold amount for one year. Approval will result in the 'use-it-or-lose-if action not being applied to annual leave balances on April 1, 2021. The policy will reinstate as of April 1, 2022. Employees will need to reduce their balances to the maximum amounts by April 1, 2022 or will lose the amount over the maximum on that date. RESOLUTION NO. 043-2021 Said Resolution is incorporated herein by reference. C4 Board granted approval and authorized execution of Amendment 4001 to Alzheimer's Disease Initiative Contract KZ-2097 between the Alliance for Aging, Inc. and Monroe County Board of County Commissioners/Monroe County Social Services In-Home Services to de- obligate $12,691.73, bringing the total from $170,367.24 to $157,675.51, for the period of July 1, 2020 through June 30, 2 02 1. C5 Board granted approval to advertise a Request for Proposals for Workers' Compensation Third Party Administrator Services to include 24/7 claims intake, claims administration and management, field-case management, regulatory compliance, reporting, billing, and other related services. C6 Board granted approval to ratify the lst Change Order with American Empire Builders, Inc. for the Bimini Drive Bridge (4904603) Replacement Project. This change order is to temporarily strengthen the north side of the existing Bimini Drive Bridge to meet the Florida legal load limits and allow normal vehicle access across the bridge. The total lump sum amount of this change order is $522,248.00. C7 Board granted approval for the Mayor to sign a letter of support for Florida Department of Transportation's proposal to re-align the United States Bicycle Route Systems, US Bicycle Route 1, in the City of Key West to traverse South Roosevelt Boulevard to the Southernmost Point in Key West. The proposed new route includes, County maintained, Bertha Street and Atlantic Boulevard adjacent to Higgs Beach. C8 Board granted approval to ratify the emergency purchase from Presidio Network Solutions, LLC for the Cisco Systems Software, and Hardware Maintenance for the BOCC network in the amount of$69,530.45. This purchase is utilizing pricing under the State of Florida Contract NASPO Value Point Cisco AR233 (14-19) FL 44322000-WSCA-I4-ACS. C9 Board granted approval to award Contract to Mike Haack Excavation, Inc., the lowest responsive responsible bidder, in the contract amount of$139,557.27, for repairs to two existing culverts in the Cudjoe Gardens neighborhood. CIO Board adopted the following Resolution of the Joint Participation Agreement between the State of Florida, Department of Transportation, and Monroe County to provide equipment to replace and upgrade traffic safety components at the Sugarloaf School. RESOLUTION NO. 044-2021 Said Resolution is incorporated herein by reference. C11 Board accepted the report of monthly Change Orders, for the month of January 2021, reviewed by the County Administrator/Assistant County Administrator. Said report is incorporated herein by reference. C12 Board adopted the following Resolution amending Resolution No. 201-2019, the Florida Keys Transportation Coordination Committee, to allow a local government to appoint someone other than an elected official as its representative and alternate. RESOLUTION NO. 045-2021 Said Resolution is incorporated herein by reference. C13 Board granted approval and authorized execution of the 4th Amendment to Agreement with Stockton Maintenance Group, Inc. for Lower Keys Janitorial Services, to exercise the second renewal option with a term, to commence on March 1, 2021 and end on February 28, 2022. The monthly payment amount remains at$19,830.99,per month, for all locations. Funding is ad valorem. C14 Board adopted the following Resolution providing support for submission of a grant application for funding from the Florida Boating Improvement Program and affirming the County's ability to provide local match funding. This project is for the installation of a new floating boat dock at Gulf View a/k/a Big Coppitt Barcelona Boat Ramp on Big Coppitt Key under the Boating Access Facilities category of the grant. RESOLUTION NO. 046-2021 Said Resolution is incorporated herein by reference. C15 Board granted approval and authorized execution of a Contract Extension with Buccaneer Courier on a month to month basis; and granted approval to advertise for competitive solicitations for courier services for Monroe County. C16 Board granted approval and authorized execution of an Agreement between Key West PD, LLC d/b/a Island Private Care and Monroe County Social Services/In-Home Services Program for period beginning January 1, 2020 and ending March 31, 2021. C17 Board adopted the following Resolutions concerning the Transfer of Funds and for the Receipt of Unanticipated Revenue: Transfer of Funds (OMB Schedule Item No. 1). RESOLUTION NO. 047-2021 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 048-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 3). RESOLUTION NO. 049-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 050-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 5). RESOLUTION NO. 051-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 052-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 053-2021 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 054-2021 Said Resolution is incorporated herein by reference. 41Page °$ 7 1 Transfer of Funds (OMB Schedule Item No. 9). RESOLUTION NO. 055-2021 Said Resolution is incorporated herein by reference. C19 Board granted approval and authorized execution of the 4th Amendment to Agreement with Ceiling to Floor Cleaning, Inc., for Upper Keys and Marathon Janitorial Services, for a one- year renewal, with the new term to commence on March 1, 2021 and terminate on February 28, 2022. There will be no CPI-U adjustment for this year, the contract amount remains at $21,943.35 per month. Funding is ad valorem. HURRICANE IRMA RECOVERY D3 Board granted approval to negotiate with the top ranked proposer, Adventure Environmental Inc.,pursuant to a Request for Proposals for Marine Debris Removal and Related Services, funded by grant funds from the Florida Department of Environmental Protection Grant LP44074, for removal of marine debris created by Hurricane Irma from canals in unincorporated Monroe County, in canals not covered by the former USDA NRCS Grant. D4 Board granted approval and authorized execution of a Contract with Wood Environmental & Infrastructure Solutions, Inc., for an amount not to exceed $150,000.00, 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. D5 Board adopted the following Resolution updating and replacing Resolution No. 224- 2019, to refine the local program prioritization criteria for potential acquisitions in the Department of Economic Opportunity administered Federal Department of Housing and Urban Development funded, Community Development Block Grant- Disaster Recovery Monroe County Voluntary Home Buyout Program. RESOLUTION NO. 056-2021 Said Resolution is incorporated herein by reference. D7 Board granted approval and authorized execution of an Agreement with Innovative Masonry Restoration LLC for the West Martello Tower Citadel Hurricane Repairs. This project is funded by a DHR/NPS Special Grant. TOURIST DEVELOPMENT COUNCIL El Board granted approval and authorized execution of an Agreement with the Village of Islamorada for Beach and Beach Park Cleaning, in an amount not to exceed $99,000.00, DAC IV Capital Resources per fiscal year, for a three year period, with an option to extend for an additional three year period. E2 Board granted approval and authorized execution of an Agreement with the Islamorada, Village of Islands for the Sports Lighting for Founders Park Tennis Complex, in an amount not to exceed $55,500.00, DAC IV Fiscal Year 2021 Capital Resources. E3 Announcement of one vacant position on the Tourist Development Council District IV Advisory Committee for one "At Large" appointment. E4 Board granted approval to rescind the Destination Event Funding Agreement with Islamorada Chamber of Commerce, Inc. for the 30th Annual Island Fest at the request of the Grantee. E5 Board adopted the following Resolution to provide for additional advance registration, booth related expenses and travel related expenses for trade shows for Fiscal Year 2022 to be paid from TDC funds in Fiscal Year 2021. RESOLUTION NO. 057-2021 Said Resolution is incorporated herein by reference. E6 Board granted approval to advertise a Request for Applications for Fiscal Year 2022 Destination and Turnkey Event Funding. E7 Board granted approval to advertise a Request for Proposals for a Professional Advertising Agency for the Monroe County Tourist Development Council. E8 Board granted approval to advertise a Request for Applications for Fiscal Year 2022 Capital Project Funding. AIRPORTS J1 Board granted approval and authorized execution of the 1st Amendment to Contract with GOC, Inc. d/b/a Island Fence for Perimeter Fence Maintenance, Repair and Modification at the Key West International Airport; renewing the agreement for two years; adding federal and state contract requirements; increasing hourly rates by 2.3% for contract year two; and 1.4% for final contract year three; to be paid from FDOT Grants (50%); and/or Airport Operating Fund 404 (50% or 100% if grant funding isn't available). J2 Board granted approval of the ratification of the 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; as approved by the Board on January 20, 2021, to include Exhibit A and correcting the title of Lyft's authorized signatory. The amendment includes incremental increases in the per trip fee to be paid to the Airport. J3 Board accepted the report of Airport Change Orders for the month of January 2021 reviewed by the County Administrator/Assistant County Administrator. Said report is incorporated herein by reference. J4 Board granted approval and authorized execution of Jacobs Project Management Co.'s Task Order No. 12/15-95, in the amount of$82,797.00, for Resident Project Representative (RPR) Services during the Florida Keys Marathon International Airport Terminal Interior Rehabilitation Project. The RPR will provide part-time RPR services, including but not limited to, checking construction activities to ensure compliance with plans and specifications, coordinate quality assurance tests, review certifications, test reports, and payment requests. The task order is funded by FDOT Grant GIP52 (80%); and Marathon Airport Operating Fund 403 (20%). J5 Board granted approval to advertise a Request for Proposals for the Key West Noise Insulation Program Construction Project at Key West by the Sea Building A, Phase 2, consisting of 27 units. To be paid by future anticipated FAA Grant(90%); and PFC 417 (10%). J6 Board granted approval and authorized execution of Jacobs Project Management Co.'s Task Order No. 12/15-97, in the amount of$185,136.00, for Construction Administration (CA) and Resident Project Representative (RPR) Services —Amendment 1 for the Taxiway A Rehabilitation and Lighting Project at the Key West International Airport. The project completion date was extended from October 22, 2020 to April 1, 2021 due to delays from inclement weather and the REIL electrical panel relocation and REIL, installation portion of the project being put on hold due to FAA COIVD-19 travel restrictions. CA & RPR services are needed through project completion. The task order is being funded by FAA Grant 37-60; FDOT Grant G1007; and Passenger Facility Charge (PFC 418). J7 Board granted approval to waive a technicality and award bid and Contract to Pedro Falcon Electrical Contractors, Inc., in the amount of$555,787.00, for the Florida Keys Marathon International Airport Security Site Lighting Rehabilitation Project. J8 Board granted approval and authorized execution of Jacobs Project Management Co.'s Task Order No. 12/15-89, in the amount of$65,416.00, for Construction Administration Services during the Florida Keys Marathon International Airport Security Site Lighting Rehabilitation Project. The task order is funded by FDOT Grants GIP52, GOQ40 and GIP50 (80%); and Marathon Airport Operating Fund 403 (20%). J9 Board ratified and granted approval of Agreement No. 70T0202IT6114NI I I with the United States of America, Transportation Security Administration,providing grant funds in the amount of$353,585.45; providing partial reimbursement of the cost of Law Enforcement Officers at the passenger screening checkpoint at the Key West International Airport. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS K5 Board granted approval to advertise an Ordinance amending Monroe County Code Chapter 2 Administration, Article VIII Boards, Committees, Commissions and Authorities, Division 5 Affordable Housing Advisory Committee to be consistent with changes in the Florida Statutes. K6 Board adopted the following Resolution setting the time, date, and place for a Public Hearing to consider a request by Southeast Investment Partners, LLC on behalf of Darnall Family, LLC, for a Resolution renouncing and disclaiming any right of the County and the public in and to the right-of-way of a portion of Hazel Street, Key Largo, Monroe County, Florida, as shown on the plat of Monroe Park, Plat Book 3, Page 140, bounded on the north by Hazel Street; bounded on the west by Lots 17 and 18; bounded on the south and southeast by Lots 14, 15 and 16; and bounded on the east by Lot 13. RESOLUTION NO. 058-2021 Said Resolution is incorporated herein by reference. K7 Board adopted the following Resolution of the Monroe County Board of County Commissioners waiving approximately $202,348.00 in building permit fees, for a total of twenty-six affordable employee housing dwelling units, comprised of four median income or below and twenty-two moderate income or below, to be constructed on parcels located at 30906, 30914, 30922, 30930, 30938, 30939, 30947, 30954 and 30955 Bailey Road; 30908, 30916, 30924, 30932, 30940, 30948 and 30956 Mercedes Road; 30905, 30913, 30921, 30929, 30937 and 30953 Nathalie Road; and 210, 220, 230 and 240 Sands Road, on Big Pine Key. RESOLUTION NO. 059-2021 Said Resolution is incorporated herein by reference. K8 Board granted approval and authorized execution of the 2nd Amendment to the Contract with On The Hook Marine Services LLC for Temporary Mobile Vessel Pump Out Services in the upper keys for an extension of four additional months, for a new total contract value of $112,485.96 (increase of$49,993.76). K9 Board granted approval and authorized execution of the 1st Amendment to the Inter-Local Agreement(ILA)between Monroe County and the City of Key West, extending the ILA through June 30, 2021, to ensure continued mobile vessel sewage pump out service to anchored vessels in the Key West and Stock Island Service Areas. K11 Board adopted the following Resolution extending the reservation of ten affordable, low income, ROGO allocations,pursuant to Monroe County Code Section 138-24(b) for a ten unit affordable housing development located at 31 S Conch Avenue and 2 N Conch Avenue, Conch Key, having property identification numbers 00385780-000400 and 00385780-000000 (approximate mile marker 63), through October 16, 2022. RESOLUTION NO. 060-2021 Said Resolution is incorporated herein by reference. SHERIFF'S OFFICE M1 Board granted approval of the request for expenditure of Federal Equitable Sharing Funds, to be used for an Apex Officer Training Simulator, to assist officers in training. COMMISSIONERS' ITEMS N1 Board granted approval of Mayor Coldiron's reappointment of Sandra Higgs to the Monroe County Human Services Advisory Board, with a two-year term expiring in November 2022. N2 Board granted approval of Commissioner Rice's reappointment of Laurie Oestreicher to the Duck Key Security District Advisory Board, with a three-year term expiring on February 17, 2024. N3 Board granted approval of Commissioner Rice's appointment of James Nealis to the Duck Key Security District Advisory Board, to fulfill the term of Van Waddill, with a term expiring on June 19, 2022. N4 Board granted approval of Commissioner Rice's reappointment of David Manz to the Human Services Advisory Board as District 4 Representative, with a term expiring on November 21, 2022. N5 Board granted approval of Commissioner Cates' reappointment of Steve Miller to the Monroe County Parks and Recreation Advisory Board, with a term expiring on December 31, 2024. N7 Board granted approval of Commissioner Martinez's reappointment of Gayle Glover, B.S., MEd., NBCT to the Monroe County Parks and Recreation Advisory Board, with a term expiring on December 31, 2024. N8 Board granted approval of Commissioner Forster's appointment of Laura Lietaert to the Human Services Advisory Board, for a two-year term expiring in February 2023. N11 Board granted approval of Commissioner Martinez's reappointment of Virginia Stones to the Monroe County Human Services Advisory Board, with a term expiring on February 15, 2023. N12 Board granted approval of Commissioner Cates' reappointment of Michael Ingram to the Human Services Advisory Board, with a term expiring on February 15, 2023. N13 Board adopted the following Resolution in support of Senate Bill 1086 and House Bill 639, FWC Boating Bill and additional amendment language addressing long-term anchoring, and in support of additional State FWC staff and resources to ensure adequate enforcement of existing and new regulations. RESOLUTION NO. 061-2021 Said Resolution is incorporated herein by reference. COUNTY CLERK 01 Board granted approval of the minutes from the November 17, 2020 regular meeting, and the November 18, 2020 special roads meeting. Said minutes are incorporated herein by reference. 02 Board granted approval to dispose of Fiscal Year 2015 financial records. Said records are incorporated herein by reference. 03 Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. Said equipment is listed herein by reference. 04 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. 05 Board accepted the FKAA invoices for the fiscal year(to include salaries),relating to the Cudjoe Regional Wastewater System Project. The invoices under $50,000.00 are being provided for information only. Said invoices are incorporated herein by reference. 06 Board granted approval of Tourist Development Council expenses for the month of January 2021, as follows: Advertising, in the amount of$1,328,403.58; Bricks & Mortar Projects, in the amount of$329,401.27; Events, in the amount of$31,648.18; Office Supplies & Operating Costs, in the amount of$42,766.88; Personnel Services, in the amount of $16.1,834.37; Public Relations, in the amount of$1,607.60; Sales & Marketing, in the amount of $72,658.38; Telephone &Utilities, in the amount of$22,349.41; Travel, in the amount of $59.63; and Visitor Information Services, in the amount of$83,485.58. 07 Board granted approval of BOCC Warrants 10080287-10081511, (PR Checks), 3138782- 3139962 (PR Voucher), 26727-26826 (WC) for the month of January 2021, as follows: 001 General Fund, in the amount of$5,133,054.49; 101 Fine & Forfeiture, in the amount of $10,160,061.26; 102 Road/Bridges, in the amount of$234,099.60; 104 Middle Keys Health Care MSTU, in the amount of$8,894.81; 115 Tourist Development Council-Two Penny, in the amount of$145,243.38; 116 TDC - Admin Promo 2 Cent, in the amount of$584,378.94; 117 TDC - District 1 Third Cent, in the amount of$804,472.81; 118 TDC - District 2 Third Cent, in the amount of$89,665.02; 119 TDC - District 3 Third Cent, in the amount of$176,715.57; 120 TDC - District 4 Third Cent, in the amount of$99,235.71; 121 TDC - District 5 Third Cent, in the amount of$203,759.70; 125 Grant Fund, in the amount of$747,373.20; 141 101 P a g e 1 7 1 Fire/Ambulance, in the amount of$937,035.30; 147 Unincorporated Service, in the amount of $298,972.32; 148 Planning Building, in the amount of$476,093.98; 149 Municipal Policing, in the amount of$1,214,923.19; 150 E911 Enhancement Fund, in the amount of$79,439.02; 152 Duck Key Security, in the amount of$911.58; 153 Local Housing Assistance, in the amount of $181,780.16; 157 Boating Improvement Fund, in the amount of$92,658.80; 158 Miscellaneous Special Revenue Fund, in the amount of$54,260.93; 160 Environmental Restoration, in the amount of$29,111.24; 162 Law Enforcement Trust-600, in the amount of$8,963.67; 163 Court Facilities, in the amount of$8,793.23; 180 Building Funds, in the amount of$342,589.56; 304 1 Cent Infrastructure, in the amount of$298,261.64; 312 Cudjoe Regional WW Project, in the amount of$6,500.93; 314 Series 2014 Revenue Bonds, in the amount of$3,088,300.29; 401 Card Sound Bridge, in the amount of$67,209.21; 403 Marathon Airport, in the amount of $52,791.73; 404 Key West Intl Airport, in the amount of$1,126,283.32; 406 PFC & Operating Restrictions, in the amount of$344,917.01; 414 MSD Solid Waste, in the amount of $1,654,645.23; 501 Workers' Compensation, in the amount of$146,503.38; 502 Group Insurance Fund, in the amount of$2,760,931.96; 503 Risk Management Fund, in the amount of $66,349.52; and 504 Fleet Management Fund, in the amount of$194,135.43. COUNTY ADMINISTRATOR P2 Board granted approval to continue the County's Policy (Resolution No. 148-2020) on Compensation for Emergency Response Work after biannual consideration in 2021 (odd numbered year)with no changes. COUNTY ATTORNEY Q2 Board granted approval and authorized execution of the 5th Amendment to Agreement for Provision of Legal Services with Bolton, Helm& Augustine, LLP (outside counsel for workers' compensation cases),to delete names of individual timekeepers and allow future revisions without the need for BOCC amendments. Q3 Board granted approval of a settlement offer in the tort claim of Monica Ingram v. Monroe County, Claim 9 GC2021099912, and authorized the County Attorney to sign all necessary documents. Q4 Board authorized the appointment of Kevin Wilson and Inspector Michelle Maxwell to the County's negotiation team for the purpose of negotiating agreements with SPGL, LLC relative to its proposal to construct and manage thirty-four units of workforce housing for employees of the Monroe County Sheriff. AIRPORTS T1 Board granted approval of a Vacant Land Contract with Randall W. Lacey and Sharren Lacey for the purchase of Tarpon Belly Keys, Cudjoe Key, Florida, in the amount of $475,000.00; and granted approval of delegation of authority to the County Administrator to execute all documents required to complete the purchase. 111 P a g e 1 7 1 T2 Board ratified and granted approval of the Pt Amendment to State of Florida, Department of Transportation, Public Transportation Grant Agreement GIP05,providing $100,000.00 in additional funding, for the Florida Keys Marathon International Airport Design and Construction Hangars Project. Requires $25,000.00 grant match from Marathon Airport Operating Fund 403. T3 Board granted approval to award bid and authorized execution of a Contract to the second lowest responsive bidder, Marino Construction Group, Inc., in the amount of$499,950.00, for the Florida Keys Marathon International Airport Hangars Rehabilitation Project. The project is funded by State FDOT Grant GIP05 (80%); and Marathon Airport Operating Fund 403 (20%). T4 Board granted approval and authorized execution of Jacobs Project Management Co.'s Task Order No. 12/15-96, in the amount of$74,801.00, for Construction Administration Services during the Florida Keys Marathon International Airport Hangars Rehabilitation Project. The task order is funded by FDOT Grant GIP05 (80%); and Marathon Airport Operating Fund 403 (20%). T5 Board granted approval and authorized execution of a Lease Amendment and Extension with Piedmont Hawthorne Aviation, LLC, d/b/a Signature Flight Support, the Fixed Base Operator (FBO) at the Key West International Airport; granting a 15-year lease extension in exchange for FBO's construction of a new FBO Terminal; FBO will also relinquish its rights to aircraft parking space on the east commercial ramp and remove all fuel flowage fee exemptions. COUNTY ATTORNEY T6 Board adopted the following Resolution of the Board of County Commissioners of Monroe County, Florida approving a Settlement and Release Agreement on Trial Level Attorneys' Fees and Costs with Donald Davis and Smith Hawks LLC in Thomas Collins et. al. and Donald Davis v. Monroe County and State ofFlorida. RESOLUTION NO. 062-2021 Said Resolution is incorporated herein by reference. PROJECT MANAGEMENT T7 Board granted approval to reject all bids for the Design-Build Contract for the Phase I Design/Pre-construction of the Rockland Key Public Works Facility originally opened on January 22, 2021. COUNTY ATTORNEY T8 Board granted approval to reimburse the Florida Keys Aqueduct Authority, in the amount of$164,129.73, for 50% of the legal fees generated by Lewis, Longman, and Walker, P.A., for the administrative challenge to the Turkey Point NPDES Permit. 121 P a g e 1 7 1 FACILITIES MAINTENANCE T10 Board granted approval and authorized execution of a Lease for Unit B-2 at the Big Pine Key Shopping Center for use as the District 2 Commissioner's Office; and granted authorization for Mayor to execute the required Lease, after review by the County Attorney's Office; and granted approval to terminate the current Lease on the District 2 Commissioner's office now located on Ship's Way, Big Pine Key; and granted authorization for the Mayor to execute the termination notice. BUDGET & FINANCE T12 Board granted approval to advertise a Public Hearing for a budget amendment for the Fiscal Year 2021 for the Fine & Forfeiture Fund, Fund 101; One Cent Infrastructure Sales Tax, Fund 304; Cudjoe Regional Wastewater Project, Fund 312; Series 2014 Revenue Bond, Fund 314; and adopted the following Resolution concerning the Receipt of Unanticipated Funds for the Marathon Library. RESOLUTION NO. 063-2021 Said Resolution is incorporated herein by reference. Motion carried unanimously. MISCELLANEOUS BULK APPROVAL C18 Motion was made by Commissioner Cates and seconded by Commissioner Martinez granting approval of a Contract between Monroe County Board of County Commissioners/Monroe County Social Services (Monroe County Transit) and the Community Transportation Coordinator, Guidance Care Center, Inc., for the contract period of January 1, 2021 to June 30, 2021. This is a non-monetary partnership/collaboration contract required by the State of Florida Commission for the Transportation Disadvantaged. Roll call vote carried unanimously, with Commissioner Rice abstaining due to a conflict. HURRICANE IRMA RECOVERY Bob Shillinger, County Attorney; and Christine Hurley, Assistant County Administrator, addressed the Board concerning the following two items (D1 & D2): D1 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. D2 Approval of Contract with Adventure Environmental, Inc. (with the Monroe County Commercial Fishermen, Inc. as the Subcontractor) for Marine Debris Removal Services along 13 1 P a g e 1 7 1 Shorelines and Nearshore Waters affected by Hurricane Irma, with $1,300,000.00 in funding provided through a no-match grant, with the Florida Fish and Wildlife Conservation Commission. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Cates to table the above two items (D1 & D2) to the March 17, 2021 meeting. Motion carried unanimously. 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 for February 2021. 12 Bryan Cook, Employee Services Director, Ms. Hurley, Mr. Eadie, Kimberly Matthews, Sr. Director of Strategic Planning & Libraries; and Mr. Shillinger addressed the Board concerning reopening County offices to walk-in customers. After discussion, motion was made by Commissioner Cates and seconded by Commissioner Rice to postpone the item to the March 17, 2021 meeting; asking staff to come back with plans on how we can efficiently open up, in a safe manner as much as possible, with some way to improve the Building Department; and to open the Libraries to help the students so they don't lose their scholarships. Roll call vote carried unanimously. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS K1 Emily Schemper, Sr. Director of Planning & Environmental Resources, addressed the Board concerning approval of a Resolution approving updates to the U.S. 1 LOS methodology based on recommendations made by the U.S. 1 LOS Task Force which evaluated considerations identified in the draft 2019 Arterial Travel Time and Delay Study. Vivek Reddy, Associate Vice President and Jillian Scholler, P.E., Traffic Engineer, with AECOM Technical Services, Inc., gave a Power Point Presentation. The following individual addressed the Board: Dotti Moses. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Forster to adopt the following Resolution. Roll call vote carried unanimously. RESOLUTION NO. 064-2021 Said Resolution is incorporated herein by reference. K2 Motion was made by Commissioner Forster and seconded by Commissioner Rice granting approval of the Pt Amendment to the Continuing Services Contract with the transportation engineering firm AECOM Technical Services, Inc., for Transportation Planning Services extending the Agreement for one year to allow for completion of the U.S. 1 Arterial Time Travel and Delay Study and the Transportation Master Plan. The time extension will extend the current contract to May 17, 2022. Motion carried unanimously. 141 P a g e 1 7 1 K3 Motion was made by Commissioner Rice and seconded by Commissioner Martinez granting approval of Work Order No. 13 to complete the 2021 U.S. 1 Arterial Travel Time and Delay Study, in the amount of$89,626.44,pursuant to the AECOM Transportation Planning Continuing Services Contract which is funded through a Joint Participation Agreement from the Florida Department of Transportation. Motion carried unanimously. COUNTY ADMINISTRATOR P3 Rhonda Haag, Chief Resilience Officer; Roman Gastesi, County Administrator; and Mr. Shillinger addressed the Board concerning direction of the final revised $2.6 billion preferred alternative developed by the U.S. Army Corps of Engineers (USACE) for reducing coastal storm risk vulnerability for the Florida Keys; and approval of the Letter of Support and Financial Certification that are required in order to complete the feasibility study, authorizing Ms. Boan to sign the Financial Certification and Mr. Gastesi to sign the Letter of Support. Rachel Haug, Lead Planner and Ashton Burgin, Project Manager with USACE, gave a Power Point Presentation. The following individual addressed the Board: Stephanie Russo. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Forster granting approval of the item. Roll call vote carried unanimously. PUBLIC HEARINGS R1 A Public Hearing 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 101-1 affordable housing definitions by creating a definition for area median income, workforce and workforce housing; amend Chapter 139-1 to clarify the affordable and employee housing administration, to incorporate nonresidential and transient inclusionary requirements by providing regulations regarding the provision of affordable housing for the development and redevelopment of nonresidential and transient uses; modifying the linkage provisions; amending and/or adding for consistency purpose related provisions;providing for severability;providing for repeal of conflicting provisions;providing for transmittal to the State Land Planning Agency and the Secretary of State; providing for amendment to and incorporation in the Monroe County Land Development Code; providing for an effective date. Mayte Santamaria, Senior Planning Policy Advisor, gave a Power Point Presentation. The following individual addressed the Board: Stuart Schaffer,representing the Sugarloaf Shores Property Owner's Association. After discussion, motion was made by Commissioner Forster and seconded by Commissioner Cates to adopt the following Ordinance. Roll call vote carried unanimously. ORDINANCE NO. 001-2021 Said Ordinance is incorporated herein by reference. R2 A Public Hearing was held 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. Ms. Haag, Judith Clarke, 151 P a g e 1 7 1 Director of Engineering Services/Roads & Bridges; Mr. Shillinger and Ms. Hurley addressed the Board. Sandi Walker,representing Government Services Group, gave a Power Point Presentation. The following individuals addressed the Board: Stephanie Russo, George Smyth, Andrew Sikora, Kim Sikora,Kammie Wogsland, Emilie Stewart, Jennifer Lawall, Susan Chadstein and Jan Darden. After discussion, motion was made by Commissioner Cates and seconded by Commissioner Rice to adopt the following Ordinance. Roll call vote carried unanimously. ORDINANCE NO. 002-2021 Said Ordinance is incorporated herein by reference. HURRICANE IRMA RECOVERY D6 Mr. Shillinger and Cary Knight, Director of Project Management, addressed the Board concerning approval of an Agreement with Razorback, LLC who was the lowest, responsible, responsive bidder to the RFP for the Pigeon Key Honeymoon Cottage and Commissary Building Repairs Project. This project is funded by a TDC grant and a DHR/NPS special grant. The following individual addressed the Board: Anthony Houllis, representing Razorback, LLC. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Forster granting approval of the item. Roll call vote carried unanimously. PUBLIC HEARINGS R3 A Public Hearing was held on a proposed Ordinance repealing Ordinance 029-2013 in its entirety; repealing Section 2-28 of the Monroe County Code and repealing all requirements for County public officers to post public official bonds. Mr. Shillinger addressed the Board. There was no public input. After discussion, motion was made by Commissioner Cates and seconded by Commissioner Forster to adopt the following Ordinance. Roll call vote carried unanimously. ORDINANCE NO. 003-2021 Said Ordinance is incorporated herein by reference. R4 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. R5 A Public Meeting was held for citizens and municipalities to provide input on an application for grant funds to enhance Rowell's Park in Key Largo in the amount of up to $2.5 million utilizing Community Development Block Grant-Corona Virus Funding from the Florida Department of Economic Opportunity (DEO), funded through the Federal Housing and Urban Development Agency, after a duly noticed public comment period; after a public notice; and approval to submit grant application to DEO. Helene Wetherington, Disaster Recovery Director, and Mr. Knight gave a Power Point Presentation. The following individuals addressed the Board: Dotti Moses, President of the Island of Key Largo Federation of Homeowner's Association; and Sue Heim. After discussion, motion was made by Commissioner Forster and seconded by Commissioner Martinez granting approval of the item. Roll call vote carried unanimously. 161 P a g e 1 7 1 CLOSED SESSIONS L3 Mr. Shillinger announced a Risk Management Closed Session to be held in the tort claim of the Estate ofParadela and read the required language into the record pursuant to F.S. 768- 28(16). Mr. Shillinger advised that the following persons would be present at the meeting: the County Commissioners, County Administrator Roman Gastesi, County Attorney Bob Shillinger, Assistant County Attorney Cynthia Hall, Maria Slavik, Chief James Callahan, and a certified court reporter. Mayor Coldiron declared the open session of the meeting closed. After the closed session, the meeting was re-opened. COMMISSIONER'S ITEM N6 The following individual addressed the Board concerning the discussion and direction on whether to create a position for a County Surveyor: Victor Alpizar. Mr. Shillinger and Kevin Wilson, Assistant County Administrator, addressed the Board. The following individual addressed the Board: Dotti Moses, President of the Island of Key Largo Federation of Homeowner's Association, addressed the Board. The Board took no official action. STAFF REPORTS F1 Christine Hurley, Assistant County Administrator; and Alan MacEachern, Director of Information Technology, gave a Power Point Presentation on automated permitting. Mr. Gastesi addressed the Board. F2 Helene Wetherington, Disaster Recovery Director, gave a Power Point Presentation on the summary of Hurricane Irma Disaster Recovery Funding Award for Monroe County and Cities (February 2021). Ms. Hurley addressed the Board. F3 Judith Clarke, Director of Engineering Services/Roads & Bridges, gave an update on the Sea Level Rise Pilot Plan Design; Duck Key Bridge Projects; and roads in Stock Island and Big Pine Key. F4 Lisa Tennyson, Legislative Affairs & Grants Acquisition Director, gave a legislative update. F5 Richard Strickland, Director of Airports, gave an update on Key West International Airport. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS K4 Ms. Hurley and Mr. Shillinger addressed the Board concerning direction on negotiating a Contract, with at least one of the three respondents that submitted proposals, in response to the 171 P a g e 1 7 1 Request for Proposals for Keys-wide Mobile Vessel Pump Out Service that were reviewed, scored and ranked by the Selection Committee on September 17, 2020. The following individual addressed the Board: Captain Donnie Brown, President of PumpOut USA. After discussion, motion was made by Commissioner Cates and seconded by Commissioner Martinez granting approval to reject all bids. Roll call vote was taken with the following results: Commissioner Cates Yes Commissioner Forster Yes Commissioner Martinez Yes Commissioner Rice No Mayor Coldiron Yes Motion carried. K10 Ms. Santamaria gave an update on the Florida Statute requirement to evaluate a Comprehensive Plan every seven years, including review of the County's draft evaluation and appraisal notification letter to the Florida Department of Economic Opportunity (DEO)which is required to be sent to DEO by May 1, 2021, outlining the three minimum requirements: 1) update comprehensive plan to address the Peril of Flood legislation, 2)to update definition of the term `development', and 3)to inform DEO on the County's plan to address Rule 28-20 Work Program requirements to analyze and provide recommendations on Tier(Zoning) Overlay District Maps updates. Lastly, discussion and direction to staff on other potential updates to the comprehensive plan, which are not required and do not get included in the letter to DEO, but have been found by staff to be needed, such as: 1)update the newly adopted Rule 28-20 references within the comprehensive plan; 2)update the County's Coastal High Hazard Area (CHHA) depiction on the Future Land Use Maps; 3) extending the deadlines (or eliminating) within the comprehensive plan (policies stating "within X years after the adoption of the comprehensive plan"where the deadline has already passed); and 4) general text updates, corrections to text and grammatical errors and clean-up of policies. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Forster granting approval of the item and approval of adding the additional items to the letter. Roll call vote carried unanimously. K12 Motion was made by Commissioner Rice and seconded by Commissioner Forster to adopt the following Resolution appointing Commissioner Cates as the Elected Official to the Affordable Housing Advisory Committee. Motion carried unanimously. RESOLUTION NO. 065-2021 Said Resolution is incorporated herein by reference. CLOSED SESSIONS Mr. Shillinger advised the Board that the following three items can be removed from the agenda(L1, L2 & L4): 18 ) P a g e 1 7 1 Ll An Attorney-Client Closed Session in the matter of Florida Keys Aqueduct Authority, et. al. v. Florida Power and Light and Florida Department of Environmental Protection, Division of Administrative Hearings Case Nos. 20-2967 and 20-2968. L2 An Attorney-Client Closed Session in the matter of Donald Davis v. Monroe County, CA- M-04-379. L4 Risk management closed session to be held in the tort claim of Monica Ingram v. Monroe County, Claim #GC2021099912. The Board took no official action on the above three items (L1, L2 & L4). COMMISSIONER'S ITEMS N9 Mr. Gastesi, Ms. Livengood, Mr. Shillinger and Ms. Weiner addressed the Board concerning direction to propose a change to the County's Comprehensive Emergency Management Plan to expand the participation in the County's Executive Policy Group to include representatives of each municipality and the Ocean Reef Community Association. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Cates granting approval of the item. Motion carried unanimously. N10 Dr. Kelly Cox, General Counsel to Miami Waterkeeper, gave a Power Point Presentation concerning direction on whether the County should adopt an Ordinance regulating the use of fertilizers within the County. Mr. Shillinger addressed the Board. The following individuals addressed the Board: Dotti Moses and Emma Haydocy. The Board took no official action. COUNTY ADMINISTRATOR P1 Mr. Gastesi referred the Board to the County Administrator's Report for February 2021. Said report is incorporated herein by reference. COUNTY ATTORNEY Q1 Mr. Shillinger referred the Board to the County Attorney Report for February 2021. Said report is incorporated herein by reference. COMMISSIONER'S COMMENTS S Mayor Coldiron advised the Board of the following 1) Chief Callahan has applied for the FEMA Safer Grant Funding Program; 2) FACC is holding a new Commissioners virtual training workshop, for new Commissioners, on February 26, 2021; and 3) Mayor Coldiron requested that the workshop for building department, construction workers, individuals, and the Commissioners be added to the March 31, 2021 scheduled(hybrid)workshop. Ms. Hurley and Mr. Shillinger addressed the Board. 19 ) P a g e 1 7 1 FACILITIES MAINTENANCE T9 Mr. Wilson addressed the Board concerning direction of 2021 KEYS100 Ultramarathon Event request, with proposed date of May 15, 2021, for use of Higgs Beach, with focused consideration of COVID-19 safety precautions. After discussion, motion was made by Commissioner Cates and seconded by Commissioner Rice granting approval of request. Motion carried unanimously. SUSTAINABILITY T11 Motion was made by Commissioner Cates and seconded by Commissioner Rice to adopt the following Resolution in support of Governor Desantis' Resilient Florida budget initiative; and providing for an effective date. Motion carried unanimously. RESOLUTION NO. 066-2021 Said Resolution 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.0.MAnce,&, 1O.C. 201 P a g e 1 7 1