06/16/2021 Regular MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, June 16, 2021
Key Largo, Florida&
Via Communication Media Technology
A regular meeting of the Monroe County Board of County Commissioners convened at
9:00 a.m. at the Murray Nelson Government Center and via Communication Media Technology.
Present and answering to roll call were Commissioner Mike Forster, Commissioner David Rice
and Mayor Michelle Coldiron. Commissioner Eddie Martinez arrived after the start of the
meeting. Commissioner Craig Cates was absent from 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.
Commissioner Martinez arrived at the meeting, during the reading of the bulk approvals,
and took his seat.
BULK APPROVALS
Motion was made by Mayor Coldiron and seconded by Commissioner Forster granting
approval of the following items by unanimous consent:
C1 Board adopted the following Resolution, of a Florida Department of Transportation
(FDOT) Local Agency Program Grant Agreement, for the Florida Keys Overseas Heritage Trail
Connection at the Cudjoe Gardens Project for construction in the amount of$284,936.00; and
Construction Engineering and Inspection Services in the amount of$45,000.00, for a total grant
amount of$329,936.00. The project is partially federally funded by FDOT through the Federal
Highway Administration.
RESOLUTION NO. 199-2021
Said Resolution is incorporated herein by reference.
C2 Board adopted the following Resolution approving and establishing the 2022 Wellness
Program and funding levels, which includes health and wellness events (lunch and learns, health
and wellness fairs, exercise and nutrition classes), wellness exam and age-appropriate screenings
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with a participation incentive that includes a tobacco cessation plan, community organized event
reimbursement(walks, runs, bikes, swims), and approval of the 2022 Wellness Funding. Also
provides for four hours of annual leave to Monroe County BOCC employees and participating
Constitutional Officer(Property Appraiser, Court Administration, Land Authority and Clerk of
Court) employees who participate in the annual Health& Wellness Fair(minimum participation
of biometrics and health coach visit) or visit their personal physician and complete the online
Personal Health Assessment. Due to the COVID-19 pandemic, this also allows for Wellness
Events to be held online/virtually.
RESOLUTION NO. 200-2021
Said Resolution is incorporated herein by reference.
C3 Board granted approval and authorized execution of the 2nd Amendment to the Amended
and Restated Solid Waste and Recycling Collection Franchisee Agreement with Waste
Management of Florida, Inc.; and granted approval and authorized execution of the 3rd
Amendment to the Amended and Restated Solid Waste and Recycling Collection Franchisee
Agreements with Marathon Garbage Services, Inc., and Keys Sanitary Services. These
amendments will increase the commercial rates to be uniform in the County as directed by the
Board of County Commissioners at its April 21, 2021 meeting.
C4 Board granted approval and authorized execution of an Agreement with Sheriff Richard
A. Ramsay to provide the Monroe County Sheriff's Office with 149.6 square feet of office space,
for one year, at Bernstein Park on Stock Island, Key West, Florida.
C5 Board granted approval and authorized execution of the 3rd Amendment to Agreement
between GA Food Service, Inc., and Monroe County (for the provision of congregate and home
delivered meals throughout Monroe County)to renew the contract period for one year; and for
the CPI-U adjusted rate of 1.2%, or $4.11 per meal, for the contract period July 1, 2021 through
June 30, 2022.
C6 Board granted approval and authorized execution of a Task Order with Baxter&
Woodman, Inc., in the amount not to exceed $181,345.00, for Engineering Design and
Permitting Services for the resurfacing of Card Sound Road from the east end of Card Sound
Bridge to the intersection of County Road 905. This task order is being procured in accordance
with continuing service contract with Baxter& Woodman, Inc. entered into January 17, 2018.
C7 Board granted approval to accept a Florida Department of Health Emergency Medical
Services Matching Grant, in the amount of$15,000.00, with a cost share of 75% State and 25%
County. The grant is to procure video laryngoscopes to improve and expand advance care
management for patients, especially infant and pediatric patients.
C8 Board granted approval to purchase a new Challenger CL12LC Symmetric 2-Post lift,
Challenger CHA CL1 OV3 Versymmetric 2-Post Lift, Challenger AR4115XAO Open-Front
Alignment Rack Package, Challenger CLHM-140-02 14,000 lbs. Capacity Column Lifts, from
Jobbers Equipment Warehouse, in the amount of$105,447.16; utilizing competitively bid pricing
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by "Piggybacking"the Florida Sheriff's Association Contract: FS20-EQU 18.0, Heavy
Equipment.
C9 Board granted approval and authorized execution of the Urban Area Security Initiative,
Fiscal Year 2020, Memorandum of Agreement with the City of Miami concerning a United
States Department of Homeland Security Office of Grants and Training Grant, through the State
of Florida Division of Emergency Management Sub-Grant Agreement R0232, in the amount of
$264,836.00, with no county match required.
C12 Board granted approval and authorized execution of a Securing the Cities (STC)
Memorandum of Understanding with the City of Miami, concerning a United States Department
of Homeland Security Domestic Nuclear Detection Office STC Program 2019 to provide funds
to address the unique equipment, training,planning, exercise and operational needs for the
region; and to assist in building an enhanced and sustainable capacity to prevent, respond to, and
recover from threats or acts of terrorism; and other high-consequence events utilizing nuclear or
other radiological materials that pose risk to homeland security in high-risk urban areas; and
delegation of authority to the Monroe County Director of Emergency Services (Fire Chief)to
execute this agreement and related documentation. The City of Miami as the sponsoring agency
has received or expects to receive various forms of assistance from the federal government,
including funding and equipment to accomplish this initiative.
C13 Board granted approval and authorized execution of the 2nd Supplemental Agreement to
Contract GON68 with the Florida Department of Transportation for the development of the
Lower Keys Scenic Viewing Area(Big Pine Swimming Hole). This amendment to the grant
reallocates $50,000.00 in grant funding from the Construction Engineering & Inspection Phase to
the Construction Phase of the project.
C14 Board granted approval and authorized execution of a Securing the Cities (STC)
Memorandum of Understanding with the City of Miami, concerning a United States Department
of Homeland Security Domestic Nuclear Detection Office STC Program 2019 Grant to provide
funds to address the unique equipment, training,planning, exercise and operational needs for the
region; and to assist in building an enhanced and sustainable capacity to prevent, respond to, and
recover from threats or acts of terrorism; and other high-consequence events utilizing nuclear or
other radiological materials that pose risk to homeland security in high-risk urban areas; and
delegation of authority to the Monroe County Director of Emergency Management to execute
this agreement and related documentation. The City of Miami as the sponsoring agency has
received or expects to receive various forms of assistance from the federal government, including
funding and equipment to accomplish this initiative.
C 15 Board granted approval and authorized execution of a Memorandum of Agreement with
NOAA/National Weather Service Office, Key West, Florida regarding the transmission of
certain public emergency messages via the Emergency Alert System; and delegation of authority
to execute this agreement and related documentation to the Monroe County Director of
Emergency Management.
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C16 Board granted approval of a Memorandum of Agreement(MOA)with the Federal
Emergency Management Agency regarding the use of the Interoperable Public Alert and
Warning System Platform for Emergency Networks System; and granted approval to delegate
authority to the Monroe County Director of Emergency Management to execute this MOA and
any related documentation.
C17 Board granted approval and authorized execution of the 6th Amendment to the Contract
with Paradise Divers, Inc. for Temporary Ferry Service to Pigeon Key to extend the expiration
date to June 30, 2022 or until the Old Seven Mile Bridge is re-opened to the public (estimated
March 2022); and increase the annual contract amount by $76,482.00, to a total annual amount
of$331,734.00. The County's local match will increase by $28,858.92, to a total annual amount
of$126,058.92. Revise contract to increase cost of additional trips for educational groups
beyond eighty-four round trips, included in base price, to $225.00 per round trip (paid by others).
C19 Board granted approval for the Director of Budget and Finance to serve as the authorized
representative for the American Rescue Plan Act of 2021. The authorized representative will
have the responsibility to electronically sign and submit documents in the U.S. Department of
Treasury Grant Portal for the Coronavirus State and Local Fiscal Recovery Funds.
C20 Board granted approval and authorized execution of the 1st Amendment to Task Order
with T.Y. Lin International for Professional Design and Permitting Services for the Stock Island
Detention Center Main Electrical Upgrades Project. This amendment removes the 104-day time
constraint because the work extended beyond the original end date. There are no additional tasks
or costs added.
C21 Board accepted the report of monthly Change Orders for the month of May 2021,
reviewed by the County Administrator/Assistant County Administrator. Said report is
incorporated herein by reference.
C22 Board granted approval to purchase new garage equipment needed for the new Fleet
Management location in Rockland Key from "Liftnow" Automotive Equipment Corporation, in
the amount of$97,133.11, utilizing competitively bid pricing under the Sourcewell Contract:
4013020-LFT, Vehicle Lifts with Garage and Fleet Maintenance Equipment.
C23 Board granted approval to purchase new garage equipment needed for the new Fleet
Management location in Rockland Key from "Rotary Lift" Automotive Equipment Corporation,
in the amount of$51,434.92, utilizing competitively bid pricing under the Sourcewell Contract:
4061015-RRL, Fleet-Related Maintenance Equipment, Supplies, Services, and Inventory.
C24 Board granted approval and authorized execution of a Memorandum of Understanding
with Friends of the Key Largo Library, Inc. (Friends) for the purpose of creating a mutually
beneficial and clear operational understanding between the Friends and the Monroe County
Public Library. The Friends mission is to raise money and public awareness in the community to
support the services and programs of the library. As a non-profit, 501(c)(3) organization, it is a
legally distinct entity and is not a part of the library.
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C25 Board adopted the following Resolutions concerning the Transfer of Funds and Receipt
of Unanticipated Revenue:
Transfer of Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 201-2021
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 202-2021
Said Resolution is incorporated herein by reference.
Amending Resolution No. 178-2021 (OMB Schedule Item No. 3).
RESOLUTION NO. 203-2021
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 204-2021
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 205-2021
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 206-2021
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 207-2021
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 208-2021
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 209-2021
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 210-2021
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 211-2021
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 212-2021
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 213-2021
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 214-2021
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 215-2021
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 216-2021
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 217-2021
Said Resolution is incorporated herein by reference.
C26 Board granted approval to accept$150,000.00 as a partial distribution of funds allocated
to the Monroe County Public Library from the Stephen J. Smatlak Living Trust; and granted
approval for the County Administrator to sign all related documents to accept the gift.
C27 Board granted approval to purchase two Tempus ALS monitor/defibrillators from Sole
Source provider Philips North America LLC for use on the Trauma Star helicopters to provide
critical lifesaving emergency medical services. The cost for the equipment after a 30% discount
is $27,300.00 each. With the addition of accessories, licensing,preventative maintenance
services, and three years of extended warranty, in the amount of$22,993.15 for both units, the
total purchase cost is $77,593.15 per the attached purchase quote. Said quote is incorporated
herein by reference.
TOURIST DEVELOPMENT COUNCIL
D1 Board granted approval and authorized execution of an Agreement with 3406 North
Roosevelt Boulevard Corporation d/b/a Visit Florida Keys for the provision of services for
operating an executive office for tourism promotion by Monroe County Code Section 23-199(d)
and (e).
D2 Board announced one vacant position on the Tourist Development Council District IV
Advisory Committee for one "At Large" appointment.
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D3 Board granted approval to rescind Destination Event Agreements with Multi Race, LLC
for the Key West Triathlon and the Southernmost Marathon, approved at the November 17, 2020
meeting, due to event contractor no longer producing the events.
AIRPORTS
Il Board ratified and granted approval of Grant Agreement No. 3-12-0037-064-2021 from
the United States of America, acting through the Federal Aviation Administration,providing
$641,405.00 to the Key West International Airport for the design phase of the Extend Taxiway A
Project. There is no match required for this grant.
12 Board granted approval to purchase a 2021 Tymco 600 Sweeper from Container Systems
& Equipment Co., in the amount of$265,867.00, for the Key West International Airport, under
Florida Sheriff's Association Bid FSA20-EQU18.0; the sweeper will be paid from Florida
Department of Transportation Essential Airport Equipment Grant GOE47 (50%); and Key West
Airport Operating Fund 404 (50%).
I3 Board granted approval to advertise a competitive solicitation for the Aircraft Overflow
Apron Construction Project at the Key West International Airport. The project is being funded
by an anticipated FAA CARES Development Grant; Florida Department of Transportation Grant
G1007; and Airport Operating Fund 404.
I4 Board ratified and granted approval of the 2nd Amendment to the State of Florida,
Department of Transportation, Public Transportation Grant Agreement G1237, as executed by
the Director of Airports, revising the scope of work for the Florida Keys Marathon International
Airport Retention Pond Modification and Hangar Development Project to include rehabilitation
of the eleven hangars damaged during Hurricane Irma.
I5 Board granted approval to issue a bid solicitation for the rehabilitation of the eleven
storage hangars located at the Florida Keys Marathon International Airport that were damaged
during Hurricane Irma.
I6 Board granted approval and authorized execution of McFarland Johnson Task Order No.
2021-04 in the amount of$117,118.00 for Design Services Phase 3B for the Customs Facility -
Terminal Annex Repairs, Renovation & Equipment Project at the Key West International
Airport; to be paid 50%from Florida Department of Transportation Grant AQH10; and 50%
Airport Operating Fund 404.
I7 Board accepted the report of Airport Change Orders for the month of May 2021,
reviewed by the County Administrator/Assistant County Administrator. Said report is
incorporated herein by reference.
I8 Board granted approval to advertise Request for Qualifications for Airport Consultant
Services (Financial, General and Air Service Development) for the Key West International
Airport and the Florida Keys Marathon International Airport.
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I9 Board granted approval and authorized execution of an In-Building Radio Distribution
Agreement for a Multi Carrier Distributed Antenna System with Cellco Partnership d/b/a
Verizon Wireless at the Key West International Airport.
PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING& CODE
COMPLIANCE DEPARTMENTS
J2 Board granted approval and authorized execution of the 2nd Amendment to the Inter-
Local Agreement(ILA) between Monroe County and the City of Key West extending the ILA
through September 30, 2021, to ensure continued mobile vessel sewage pump out service to
anchored vessels in the Key West and Stock Island Service Areas.
J3 Board granted approval to add one full-time equivalent position for an Assistant Land
Steward, at an annual cost of approximately $74,277.16, for the remainder of Fiscal Year 2021
(July 1, 2021 - September 30, 2021).
J4 Board granted approval and authorized execution of the 3rd Amendment to Contract with
On the Hook Marine Services LLC for Temporary Mobile Vessel Pumpout Services in the upper
keys for an extension of three additional months through September 30, 2021, for a new total
contract value of$149,981.28 (increase of$37,495.32).
J5 Board granted approval and authorized execution of the 1st Amendment to Contract with
RJ Waterway Planning and Management Services LLC to extend the contract expiration from
June 16, 2021 to September 30, 2021; and increase the hourly compensation from $85.00 to
$110.00 per hour, to ensure continued as-needed assistance with waterway management
functions without increasing the total not-to-exceed compensation amount of$30,600.00.
J6 Board granted approval and authorized execution of the 1st Amendment to Contract with
Coffin Marine Services, Inc. for a two-year extension to the contract for the removal, refloating
and/or demolition and disposal of derelict vessels, floating structures, and marine debris.
J7 Board granted approval and authorized execution of the 1st Amendment to Contract with
Adventure Environmental, Inc. for a two-year extension to the contract for the removal,
refloating and/or demolition and disposal of derelict vessels, floating structures, and marine
debris.
J8 Board granted approval and authorized execution of the 1st Amendment to Contract with
Arnold's Auto & Marine Repair, Inc for a two-year extension to the contract for the removal,
refloating and/or demolition and disposal of derelict vessels, floating structures, and marine
debris.
J9 Board granted approval and authorized execution of the 1st Amendment to Contract with
American Underwater Contractors, Inc. for a two-year extension to the contract for the removal,
refloating and/or demolition and disposal of derelict vessels, floating structures, and marine
debris.
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J10 Board granted approval and authorized execution of the 1st Amendment to Contract with
Lower Keys Marine Towing and Salvage, Inc., for a two-year extension to the contract for the
removal, refloating and/or demolition and disposal of derelict vessels, floating structures, and
marine debris.
J11 Board granted approval and authorized execution of the 1st Amendment to Contract with
Underwater Engineering Services, Inc. for a two-year extension to the contract for the removal,
refloating and/or demolition and disposal of derelict vessels, floating structures, and marine
debris.
J12 Board granted approval and authorized execution of the 1st Amendment to Contract with
Coral Construction Company for a two-year extension to the contract for the removal, refloating
and/or demolition and disposal of derelict vessels, floating structures, and marine debris.
SHERIFF'S OFFICE
Ll Board granted approval of the request for expenditure from the Law Enforcement Trust
Fund, as follows: $500.00 for Marathon High School Operation Graduation 2021 to help cover
expenses for the all-night event that provides a safe, drug, and alcohol-free celebration to
recognize the achievements of our graduating seniors.
L2 Board granted approval of the request for expenditure from the Federal Justice Fund, as
follows: $5,254.20 for Florida Sheriff's Youth Ranches to support the "Harmony in the Streets"
mobile community day camp for children. The objective of the program is to reach at-risk youth
to prevent juvenile delinquency and to help develop responsible and productive citizens. The
summer camp will be offered at no cost to youths in Monroe County.
COMMISSIONER'S ITEMS
M2 Board adopted the following Resolution appointing Chris Todd Young to the Affordable
Housing Advisory Committee as the District 2 citizen who is actively engaged as an advocate for
low-income persons in connection with affordable housing.
RESOLUTION NO. 218-2021
Said Resolution is incorporated herein by reference.
M3 Board adopted the following Resolution appointing Dr. Doug Mader to the Affordable
Housing Advisory Committee as the District 2 citizen who is a representative of those areas of
labor actively engaged in home building in connection with affordable housing.
RESOLUTION NO. 219-2021
Said Resolution is incorporated herein by reference.
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M4 Board adopted the following Resolution appointing Monroe County Planning
Commissioner Joe Scarpelli to the Affordable Housing Advisory Committee in the category of
Planning Commissioner.
RESOLUTION NO. 220-2021
Said Resolution is incorporated herein by reference.
COUNTY CLERK
N1 Board granted approval of BOCC Warrants 10085399-10086619, (PR Checks), 3143520-
3144702 (PR Voucher), 27146-27236 (WC)for the month of May 2021, as follows: 001 General
Fund, in the amount of$3,031,837.39; 101 Fine & Forfeiture, in the amount of$4,861,026.03;
102 Road/Bridges, in the amount of$733,633.77; 115 Tourist Development Council-Two Penny,
in the amount of$354,999.90; 116 TDC - Admin Promo 2 Cent 1, in the amount of
$1,377,949.20; 117 TDC - District 1 Third Cent, in the amount of$1,278,840.16; 118 TDC -
District 2 Third Cent, in the amount of$110,843.09; 119 TDC - District 3 Third Cent, in the
amount of$242,015.54; 120 TDC - District 4 Third Cent, in the amount of$158,995.27; 121
TDC - District 5 Third Cent, in the amount of$270,880.71; 125 Grant Fund, in the amount of
$817,875.66; 130 Impact Fees/Roadways, in amount of$9,827.50; 132 Impact Fees/Library, in
the amount of$175,644.66; 141 Fire/Ambulance, in the amount of$729,934.73; 147
Unincorporated Service, in the amount of$160,384.63; 148 Planning Building, in the amount of
$484,172.68; 149 Municipal Policing, in the amount of$596,963.66; 152 Duck Key Security, in
the amount of$7,768.64; 153 Local Housing Assistance, in the amount of$116,674.24; 157
Boating Improvement Fund, in the amount of$29,876.89; 158 Miscellaneous Special Revenue
Fund, in the amount of$56,145.70; 160 Environmental Restoration, in the amount of
$13,056.84; 163 Court Facilities, in the amount of, $16,462.02; 164 Drug Facilities Fees, in the
amount of$2,220.75; 180 Building Funds, in the amount of$297,085.25; 304 1 Cent
Infrastructure, in the amount of$174,279.37; 312 Cudjoe Regional WW Project, in the amount
of$6,333.35; 314 Series 2014 Revenue Bonds, in the amount of$ 2,224,712.83; 316 Land
Acquisition, in the amount of$1,076.60; 401 Card Sound Bridge, in the amount of$23,797.67;
403 Marathon Airport, in the amount of$1,889,166.50; 404 Key West Intl Airport, in the
amount of$3,018,773.12; 406 PFC & Operating Restrictions, in the amount of$1,073,499.29;
414 MSD Solid Waste, in the amount of$1,666,404.72; 501 Workers' Compensation, in the
amount of$95,296.86; 502 Group Insurance Fund, in the amount of$1,402,938.69; 503 Risk
Management Fund, in the amount of$1,016,403.47; 504 Fleet Management Fund, in the amount
of$273,862.23; and 610 Fire/EMS LOSAP Trust Fund, in the amount of$2,370.00.
N2 Board granted approval to remove surplus equipment from inventory via disposal or
advertise for bid. Said inventory is incorporated herein by reference.
N3 Board granted approval of Tourist Development Council expenses for the month of May
2021, as follows: Advertising, in the amount of$3,073,407 .67; Bricks & Mortar Projects, in the
amount of$288,028. 72; Events, in the amount of$31,541.06; Office Supplies & Operating
Costs, in the amount of$11,137.52; Personnel Services, in the amount of$108,074.56; Public
Relations, in the amount of$155,157.30; Sales & Marketing, in the amount of$20,223.99;
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Telephone & Utilities, in the amount of$20,746.88; Travel, in the amount of$101.76; and
Visitor Information Services, in the amount of$56,658.08.
N4 Board granted approval of the minutes from the regular meeting of March 17, 2021, and
the special meeting of March 31, 2021. Said minutes are incorporated herein by reference.
COUNTY ADMINISTRATOR
01 Board accepted the County Administrator's monthly report for June 2021. Said report is
incorporated herein by reference.
02 Board adopted the following Resolution adopting the Canal Management Master Plan
Guidance Document and Canal Ranking Criteria pursuant to the requirements in Administration
Commission Rule 28-20.140, F.A.C., (County's new Area of Critical State Concern Canal Work
Program); and granted approval of the Canal Restoration Project Ranking List.
RESOLUTION NO. 221-2021
Said Resolution is incorporated herein by reference.
03 Board granted approval and authorized execution of an Agreement with Statewide
Guardian Ad Litem Office for reimbursement of Child Advocate Manager Services, to provide
funding for a Child Advocate Manager position, for the time period July 1, 2021 through June
30, 2022 (State Fiscal Year 2021-2022).
COUNTY ATTORNEY
P2 Board granted approval and authorized execution of the 2nd Amendment to Professional
Services Agreement with the law firm Barnett, Bolt, Kirkwood, Long & Koche, P.A., to update
the name of firm to Barnett Kirkwood Koche Long & Foster, P.A.; and to add language
authorizing County Attorney to approve changes in timekeepers. The law firm provides advice
and representation on tax matters.
P3 Board granted authorization to initiate litigation against Jakku Properties LLC and their
property, 100760 Overseas Highway, Key Largo, Florida, to seek compliance with County Code
and enforce the lien(s) arising from Code Compliance Case Number CE17110029.
P4 Board granted approval and authorized execution of the 2nd Amendment to Agreement
for provision of Legal Services with Rissman, Barrett, Hurt, Donahue & McLain, P.A. (outside
counsel for workers' compensation cases), to add attorney Andrew T. McGarrell, Esquire as an
approved timekeeper.
P5 Board granted authorization to initiate litigation against Leonardo Rodriguez and his
property, 429 Big Pine Road, Key Largo, Florida, to seek compliance with County Code and
enforce the lien(s) arising from Code Compliance Case Number CE19030156.
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P6 Board granted approval to reimburse Florida Keys Aqueduct Authority in the amount of
$330,606.38, which is 50% of the legal fees generated by Lewis, Longman, and Walker, P.A. for
the administrative challenge to the Turkey Point NPDES permit.
P8 Board granted approval to pay the outstanding 2019 and 2020 taxes, totaling $2,237.64,
on the real property, located at 104 Jamaica Street on Duck Key, acquired by tax deed.
P9 Board granted approval to advertise a Public Hearing to adopt a glitch Ordinance to
remove the requirement in Monroe County Code 2-700 that appointments to the Affordable
Housing Advisory Committee be accomplished by resolution.
COUNTY ATTORNEY
S2 Board granted approval of a Settlement and Release Agreement with the State of Florida
in Galleon Bay v. Monroe County & State ofFlorida (Circuit Court Case No. CAK-02-595); and
granted authorization for the County Attorney to execute the agreement.
S3 Board granted approval and authorized execution of a Professional Services Agreement
with law firm of McAlpin & Conroy, P.A., for advice and representation on Jones Act matters.
AIRPORT
S4 Board adopted the following Resolution accepting the proposal of PNC Bank, National
Association to provide the County with a revolving line of credit of up to $10 million to finance
and refinance, on an interim basis, costs related to the Concourse A Expansion at the Key West
International Airport; approving the form of a line of credit agreement; approving the form of a
master note to secure draws under the line of credit agreement,providing a pledge of the net
revenues derived from the operation of the airport and certain other available monies to secure
repayment of the master note, and authorization for the Mayor, the Clerk, the County
Administrator and the Airport Director to sign all necessary documents.
RESOLUTION NO. 222-2021
Said Resolution is incorporated herein by reference.
PROJECT MANAGEMENT
S5 Board granted approval and authorized execution of a Contract with Lori Nozick for
$60,000.00 for public art at the new Plantation Key Courthouse and Detention Center Project
recommended by the Art in Public Places Selection Committee and the Florida Keys Council of
the Arts.
S6 Board granted approval and authorized execution of an Agreement with Omnimedia Arts,
Inc. (Lothar Speer) for $28,000.00 for public art at the new Plantation Key Courthouse and
Detention Center Project recommended by the Art in Public Places Selection Committee and the
Florida Keys Council of the Arts.
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S7 Board granted approval and authorized execution of a Contract with John David Hawver
for $12,000.00 for public art at the new Plantation Key Courthouse and Detention Center Project
recommended by the Art in Public Places Selection Committee and the Florida Keys Council of
the Arts.
S8 Board granted approval and authorized execution of a Contract with Maureen Melville
for $14,000.00 for public art at the new Plantation Key Courthouse and Detention Center Project
recommended by the Art in Public Places Selection Committee and the Florida Keys Council of
the Arts.
S9 Board granted approval and authorized execution of a Contract with Sally Binard for
$14,000.00 for public art at the new Plantation Key Courthouse and Detention Center Project
recommended by the Art in Public Places Selection Committee and the Florida Keys Council of
the Arts.
COUNTY ATTORNEY
S10 Board granted approval of a Settlement and Release Agreement between the State of
Florida and Monroe County in the matter of Donald Davis v. Monroe County and State of
Florida, CA-M-04-379; and granted authorization for the County Attorney to execute on behalf
of the County.
PROJECT MANAGEMENT
S12 Board granted approval and authorized execution of a Contract with Dayton Claudio
Studios, Inc., for $28,000.00 for public art at the new Plantation Key Courthouse and Detention
Center project recommended by the Art in Public Places Selection Committee and the Florida
Keys Council of the Arts.
AIRPORT
S13 Board granted approval to sponsor 4th of July fireworks as an exception to the
requirements of Airport promotional sponsorships Resolution No. 123-2021.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
C10 Motion was made by Commissioner Forster and seconded by Commissioner Martinez
granting approval of the Substance Abuse Policy Advisory Board's recommendation selecting
the Guidance/Care Center (G/CC) Women's Jail Incarceration Drug Abuse Treatment Program;
and the Samuel's House Court Mandated Criminal/Substance Abuse Case Manager as the
programs to apply for the Edward Byrne Memorial Justice Assistance Grant; and adopted the
following Resolution authorizing the submission of grant applications, totaling $55,199.00
($27,121.66 for the G/CC WJIP and $28,077.34 for Samuel's House Court Mandated Case
Manager)with no cash match, to the Florida Department of Law Enforcement for funding from
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the Byrne/JAG Program for Federal Fiscal Year 2020; granted approval for the Monroe County
BOCC to serve as the coordinating unit of government in the preparation of the grant proposals
and the distribution of the funding allocation; and granted authorization for the Mayor to execute
the grant funding distribution letter, sign acceptance of grant awards and all grant related
documents. Roll call vote carried unanimously, with Commissioner Rice abstaining due to a
conflict.
RESOLUTION NO. 223-2021
Said Resolution is incorporated herein by reference.
C18 Joseph DiNovo, Assistant County Attorney; and Bob Shillinger, County Attorney,
addressed the Board concerning an Agreement with Charley Toppino & Sons, Inc., in the
amount of$1,445,000.00, for Phase I Development of Rowell's Waterfront Park. This project is
funded by TDC Grants and Fund 304. The following individual addressed the Board: James
Lupino, representing Florida Lemark Corporation. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Martinez granting approval of the
agreement with Charley Toppino & Sons, Inc. Roll call vote carried unanimously.
COVID-19
H1 Shannon Weiner, Director of Emergency Management, gave a COVID-19 update for
June 2021, and addressed the Board concerning hurricane evacuation. Roman Gastesi, County
Administrator, addressed the Board.
PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING& CODE
COMPLIANCE DEPARTMENTS
J14 Erin Deady, P.A. gave a Power Point Presentation example of the Adaptation Action
Area Maps and Example Comprehensive Plan Policies, developed as part of a Resilience
Planning Grant(R2111) from the Florida Department of Environmental Protection's Resilient
Coastlines Program. Emily Schemper, Sr. Director of Planning & Environmental Resources; Mr.
Shillinger and Judith Clarke, Director of Engineering/Roads & Bridges, addressed the Board.
The following individual addressed the Board: Stephanie Russo.
COMMISSIONER'S ITEM
M8 Commissioner Forster gave a Power Point Presentation regarding public access to the
beach known as Sunset Point Park 11 at the end of Bay Drive in a residential neighborhood. Mr.
Shillinger, Kevin Wilson, Assistant County Administrator; and Mr. Gastesi addressed the Board.
The following individuals addressed the Board: Tamara Green, Richard Brindle, Lucy Given,
Sue Heim, Reuven Benami, Val Poulos, Kelly Ford, Deborah Owens, Stephen Burnett, Del
Delaurentis, Michael Metzger, Medina Roy, Teresa Kwalick and Amber Navarette. The item
was continued to the June 21, 2021 special meeting in Marathon.
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PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING& CODE
COMPLIANCE DEPARTMENTS
J13 Karl Bursa, Sr. Administrator-Floodplain, gave a Power Point Presentation of Monroe
County's appeal of the updated FEMA Flood Insurance Rate Maps by county staff and Woods
Hole Group.
PUBLIC HEARINGS
Q1 A Public Hearing was held to consider adoption of an Ordinance by the Monroe County
Board of County Commissioners amending Monroe County 2030 Comprehensive Plan 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 (File 2020-145). Mayte Santamaria, Sr. Planning Policy Advisor, gave a
Power Point Presentation. There was no public input. After discussion, motion was made by
Commissioner Rice and seconded by Commissioner Forster to adopt the following Ordinance.
Roll call vote carried unanimously.
ORDINANCE NO. 014-2021
Said Ordinance is incorporated herein by reference.
Q2 A Public Hearing was held to consider adoption of an Ordinance revising Section 19-4 of
the Monroe County Code to increase the toll rates for Card Sound Road Toll by the Consumer
Price Index of 1.6%. The 2-axle rate will increase from $0.78 to $0.80 per axle; and the 3-axle or
greater rate will increase from $1.03 to $1.05 per axle. Ms. Clarke addressed the Board. There
was no public input. After discussion, motion was made by Commissioner Rice and seconded
by Commissioner Forster to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 015-2021
Said Ordinance is incorporated herein by reference.
Q3 A Public Hearing was held to consider approval of a Resolution renouncing and
disclaiming any right of Monroe County and the public in and to a portion of the right-of-way of
Pine Drive, Big Pine Key, Monroe County, Florida, as shown on the Plat of Pine Hammock, Plat
Book 3, Page 163, bounded on the north by Don's Court; bounded on the west by Tract D and E,
Pine Key Acres; bounded on the south by Pine Drive; and bounded on the east by Block 1, Lots
5-10. Ms. Schemper addressed the Board. There was no public input. After discussion, motion
was made by Commissioner Rice and seconded by Commissioner Forster to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 224-2021
Said Resolution is incorporated herein by reference.
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Q4 A Public Hearing was held to consider adoption of an Ordinance amending Chapter 25 of
the Monroe County Code to increase the noncriminal civil penalty for parking violations from
$20.00 to $200.00. Ms. Clarke addressed the Board. There was no public input. After
discussion, motion was made by Commissioner Forster and seconded by Commissioner Rice to
adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 016-2021
Said Ordinance is incorporated herein by reference.
Q5 A Public Hearing was held to consider adoption of an Ordinance revising Section 21-74
and Section 21-99 of the Monroe County Code (MCC)providing for corrections to the MCC
section referenced,providing for revisions to the notice requirements for commercial rates and
providing for revisions to the notice requirements for the non-ad valorem assessments to
conform to F.S. 197.3632. There was no public input. Motion was made by Commissioner
Forster and seconded by Commissioner Martinez to adopt the following Ordinance. Motion
carried unanimously.
ORDINANCE NO. 017-2021
Said Ordinance is incorporated herein by reference.
Q6 A Public Hearing was held to consider adoption of an Ordinance amending Article II,
Chapter 12, of the Monroe County Code of Ordinances, to adopt the Monroe County Ordinance
for Florida-Friendly Fertilizer Use on Urban Landscapes incorporating regulation of the use or
application of fertilizers. The following individual addressed the Board: Nick Hansen,
representing The Scotts Miracle-Gro Company. Mr. Shillinger addressed the Board. After
discussion, motion was made by Commissioner Forster and seconded by Commissioner Rice to
adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 018-2021
Said Ordinance is incorporated herein by reference.
CLOSED SESSIONS
Mr. Shillinger advised the Board that the following two items (K1 & K2) could be
eliminated from the agenda based on the approval of the Settlement Agreements under bulk
items S2 (Galleon Bay); and S10 (Donald Davis).
K1 An Attorney-Client Closed Session in the matter of Galleon Bay v. Monroe County, et
al., 02-CA-595-K.
K2 An Attorney-Client Closed Session in the matter of Donald Davis v. Monroe County,
Case No. 2004-CA-379-M.
K3 Mr. Shillinger announced the Attorney-Client Closed Session in the matter of Monroe
County v. Coher and Coher Invest Co Ltd, Case No. 2018-CA-674-P, and read the required
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language into the record pursuant to F.S. 286.011(8). Mr. Shillinger advised that the following
persons would be present at the meeting: the County Commissioners, County Administrator
Roman Gastesi, County Attorney Bob Shillinger and a certified court reporter.
Mayor Coldiron declared the open session of the meeting closed. After the closed
session, the meeting was re-opened.
K4 Mr. Shillinger announced the Attorney-Client Closed Session in the matter of Monroe
County v. Sugarloaf VFD, Inc. & Sugarloaf Wi-Fi, Inc., Case No.2017-CA-631-K, and read the
required language into the record pursuant to F.S. 286.011(8). Mr. Shillinger advised that the
following persons would be present at the meeting: the County Commissioners, County
Administrator Roman Gastesi, County Attorney Bob Shillinger and a certified court reporter.
Mayor Coldiron declared the open session of the meeting closed. After the closed
session, the meeting was re-opened.
STAFF REPORTS
El Bryan Cook, Employee Services Director, gave an update on the recruitment of a
Director of Parks & Recreation. Mr. Gastesi addressed the Board.
E2 Mr. Wilson addressed the Board concerning the Use of Property Policy currently in
place. Christine Hurley, Assistant County Administrator, addressed the Board.
PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING& CODE
COMPLIANCE DEPARTMENTS
J1 Celia Hitchins, Sr. Administrator of Marine Resources, addressed the Board and gave a
Video Presentation on the implementation of the Marina Pump-Out Outfitting Program
(MPOOP). Mr. Gastesi and Ms. Schemper addressed the Board. After discussion, motion was
made by Commissioner Rice and seconded by Commissioner Martinez to adopt the following
Resolution establishing the MPOOP Program to provide technical and educational assistance to
marinas in complying with policies and regulations requiring Fixed Pump-Out Systems. Motion
carried unanimously.
RESOLUTION NO. 225-2021
Said Resolution is incorporated herein by reference.
AIRPORT
S13 Mr. Shillinger and Mr. Gastesi requested that the Board recall the approval to sponsor 4th
of July Fireworks as an exception to the requirements of Airport promotional sponsorships
Resolution No. 123-2021. After discussion, motion was made by Commissioner Rice and
seconded by Commissioner Martinez to also include Islamorada(Upper Keys Rotary)
sponsorship. Motion carried unanimously.
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COMMISSIONER'S ITEMS
M1 Board discussed the approval to designate Commissioner Mike Forster as the bulk motion
maker for the balance of his tenure on the Commission. The Board took no action.
M6 Ms. Hurley, Mr. Shillinger and Ms. Schemper addressed the Board concerning the
County Land Development Code (LDC)requirements for affordable housing with the Transfer
of ROGO Exemptions (TREs). After discussion, motion was made by Commissioner Rice and
seconded by Commissioner Forster directing staff to process a LDC amendment to allow the
transfer of Market Rate ROGOs (transfer of ROGO exemptions [TREs])without the requirement
that the existing unit be replaced with an affordable ROGO, or fee in lieu of, or building/buying
an affordable housing unit, as a condition of allowing the transfer. Motion carried unanimously.
M7 Mr. Gastesi and Mr. Shillinger addressed the Board concerning direction about
prioritizing workforce transportation. The Board took no official action.
COUNTY ATTORNEY
P1 Mr. Shillinger referred the Board to the County Attorney report for June 2021. Said
report is incorporated herein by reference.
P1 Mr. Shillinger advised the Board that he and the State Attorney scheduled ethics training
for August 10, 2021 at the Marathon Government Center.
P1 Mr. Shillinger advised the Board that Governor DeSantis convened the Judicial
Nominating Commission to accept applications to fill the vacancy of Judge Ruth Becker, who is
retiring. Interested attorneys must submit their application to the County Attorney's Office by
noon, Friday, June 25, 2021.
P7 Mr. Shillinger requested to hold an Attorney-Client Closed Session in the matter of Roy's
Trailer Park, Inc., d1b/a Island Life Village v. Eric Noel and Marie C. Noel and Monroe County,
Case No. 19-CA-000175-K, and read the required language into the record. Motion was made by
Commissioner Rice and seconded by Commissioner Forster to hold the closed session at the
regularly scheduled BOCC meeting on July 21, 2021 in Marathon, Florida at 1:30 p.m. or as
soon thereafter as may be heard. Motion carried unanimously.
P1 Mr. Shillinger requested to hold an Attorney-Client Closed Session in the matter of
Monroe County v. Fannie Mae, Case No. 20-CA-454-AK, and read the required language into the
record. Motion was made by Commissioner Rice and seconded by Commissioner Martinez to
hold the closed session at the regularly scheduled BOCC meeting on July 21, 2021 in Marathon,
Florida at 1:30 p.m. or as soon thereafter as may be heard. Motion carried unanimously.
SHERIFF'S OFFICE
S1 Mr. Shillinger addressed the Board concerning approval of Fiscal Year 2021
recommendations of the Monroe County Shared Asset Forfeiture Fund Advisory Board and
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rescission of approval of item M1 from the May 19, 2021 agenda. After discussion, motion was
made by Commissioner Rice and seconded by Commissioner Forster granting approval of the
recommendations, taking out items 423 & 429 (Florida Keys Healthy Start Coalition and
Guidance Care Center), as follows: Easter Seals Florida, Inc., for medical rehabilitation and
audiology services for children and adults with special needs, in the amount of$3,229.41;
Literacy Volunteers of America-Monroe County, Inc., LVA Prevention through Literacy
Program, in the amount of$4,411.38; Keys to be the Change, Inc., for Kids Win Mentoring
Program, in the amount of$3,739.95; Grace Jones Community Center, Grace Jones services to
underserved at-risk children and adolescents, in the amount of$4,654.24; Monroe Association
for ReMARCable Citizens, for adult day training, in the amount of$6,959.51; The Last Resort
Ministry, Inc., for last resort ministry, in the amount of$3,325.66; Kids Come First in the Florida
Keys, Inc., essentials for youth experiencing financial diversity, in the amount of$4,220.39;
Autism Society of the Keys, Grace Jones services to underserved at-risk children and
adolescents, in the amount of$6,221.92; A Positive Step of Monroe County, Inc., Idle Hands
Summer Employment Program, in the amount of$4,679.06; D.O.L.P.H.LN.S. to Stop Domestic
Violence, Inc., for Living Springs Counseling, in the amount of$2,527.89; Samuel's House, Inc.,
for Prevention through Provision and Services, in the amount of$6,555.76; Florida Keys
Outreach Coalition, Inc., in the amount of$6,321.92; Good Health Clinic, acquisition of$3-5
million in donated medical services and medications for keys residents living in poverty, in the
amount of$4,680.64; Florida Keys Area Health Education Center, Inc., Monroe County's
Children's Health Centers, in the amount of$6,816.65; Educational Coalition for Monroe
County, for prevention education for Marathon middle and high school students, in the amount
of$2,957.98; Wesley House Family Services, for SAFF mental and physical health care for
minors and adults, in the amount of$5,789.60; Heart of the Keys Recreation Association, Inc., in
the amount of$3,516.67; Independence Cay, for homeless supports increases self-sufficiency, in
the amount of$4,945.22; KAIR—Keys Area Interdenominational Resources, for housing
assistance for keys residents, in the amount of$4,923.79; Anchors Aweigh Club, to remain a
healthy, safe and open facility for 2021, in the amount of$4,054.24; Florida Keys Children's
Shelter, Inc., for Project Lighthouse, in the amount of$4,984.33; South Florida Council, Boy
Scouts of America, for Operation Scoutreach, in the amount of$2,552.71; Key West Botanical
Garden Society, growing the garden companions, in the amount of$2,611.73; Islamorada Fire
Rescue Explorers Post, for Islamorada Fire Rescue Explorers Post, in the amount of$3,720.39;
Metropolitan Community Church Key West, Cooking with Love, in the amount of$6,603.89;
Key West Preschool Co-operative Inc., in the amount$2,624.14; Volunteers of America Florida,
Grant Per Diem Program, in the amount of$2,924.14; and Florida Keys Foster Adoptive Parent
Association, for every child matters, in the amount of$3,320.96. Motion carried unanimously.
S1 Motion was made by Commissioner Rice and seconded by Commissioner Martinez
granting approval of item 4 23 (the Florida Keys Healthy Start Coalition, Inc., for keys to kid's
safety program to support safety & enforcement, in the amount of$5,245.22). Roll call vote
carried unanimously, with Commissioner Forster abstaining due to a conflict.
S1 Motion was made by Commissioner Forster and seconded by Commissioner Martinez
granting approval of item 429 (Guidance/Care Center, Inc., for Video Surveillance Expansion
Project; in the amount of$3,616.67). Roll call vote carried unanimously, with Commissioner
Rice abstaining due to a conflict.
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COUNTY ATTORNEY
Sl 1 Mr. Shillinger and Peter Morris, Assistant County Attorney, addressed the Board
concerning approval of a Settlement Agreement in Monroe County v. Magnolia 101 LLC Case
No. 13-CA-945-P; and authorization for the County Attorney to execute on behalf of the County.
After discussion, motion was made by Commissioner Rice and seconded by Commissioner
Forster granting approval of the revised Settlement Agreement and authorization for the County
Attorney to execute on behalf of the County. 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.0.M«y e,&, ae.
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