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07/21/2021 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, July 21, 2021 Marathon, Florida& Via Communication Media Technology A regular meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. at the Marathon Government Center and via Communication Media Technology. Present and answering to roll call were Commissioner Craig Cates, Commissioner Mike Forster, Commissioner Eddie Martinez, Commissioner David Rice and Mayor Michelle Coldiron. 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 Cates granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS B 1 Monroe County Fire Rescue Badge Pinning and Oath Presentation of four new members, as follows: Firefighter/EMT Morgan Anderson; Firefighter/EMT Nicolas Rangel; Firefighter/EMT Alexis Reyes; and Firefighter/Paramedic Ignacio Vargas. B2 Board recognized Legislative Affairs Director Lisa Tennyson, who received a Small County Coalition Award, for Outstanding Leadership and Support to Local Governments and Small Counties. Board recognized Kevin Wilson, Assistant County Administrator, for his fifteen years of service to Monroe County. BULK APPROVALS Motion was made by Commissioner Martinez and seconded by Commissioner Rice granting approval of the following items by unanimous consent: C 1 Board granted approval and authorized execution of the 1st Modification to Grant Agreement No. OOD83018 from the Environmental Protection Agency for the Florida Keys Water Watch Program providing a 13-month time extension to the project end date from June 3, 2021, to July 31, 2022. Page 11 07/21/2021 C2 Board granted approval, acting as Plan Administrator of the Length of Service Award Plan, to begin 10-year disbursement of funds to Robert Burley. C3 Board granted approval and authorized execution of the 5th Amendment to the Contract with WSP USA, Inc. for engineering design and permitting services for the Sea Level Rise Pilot Project. The amendment adds completion of DEO-CDBG-DR Grant Environmental Review Requirements for the Sands Subdivision to the consultant scope of services in the maximum, not to exceed, amount of$15,460.37. C4 Board granted approval and authorized execution of a Memorandum of Understanding with Friends of the Big Pine Key Library (Friends) for the purpose of creating a mutually beneficial and clear operational understanding between Friends and the Monroe County Public Library. 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. C5 Board granted approval to ratify the acceptance of the donation of two unmarked 2013 Dodge Charger vehicles from the Monroe County Sheriff s Office to Monroe County Fire Rescue. C6 Board granted approval to advertise a Public Hearing to be held at the August 18, 2021, meeting to consider restricting access to Loquat Drive, at the intersection of Loquat Drive and County Road(CR) 905, in Key Largo to eliminate the use of Loquat Drive by vehicular traffic as a through route to access US 1 from CR 905 in accordance with Section 19-8 of the Monroe County Code. C7 Board granted approval and authorized execution of four license agreements with Florida Department of Transportation (FDOT)to permit FDOT's contractor to perform work on portions of four county roadways on Cudjoe Key in conjunction with FDOT's scheduled US 1 Roadway Improvement Project 4FM443898-1-52-1 from mile marker 20.6 to mile marker 23.1. C8 Board granted approval and authorized execution of a Memorandum of Agreement between the Florida Department of Transportation (FDOT) and Monroe County for the Keys Connecting Overseas to Advance Safe Travel Connected Vehicle Pilot Project to allow FDOT to install On Board Units in certain county vehicles that travel on US 1 in order to collect data as part of this Connected Vehicle Pilot Project. C9 Board granted approval of the Monroe County Purchasing Policy which includes a revision to the Purchasing Card Policy and Procedures that extends the use of the card for the payment of fees imposed by any federal, State or local agency for work or services performed to County-owned or operated locations, including applications,permits, and credit card convenience fees. C10 Board granted approval and authorized execution of the 6th Amendment to the Interlocal Agreement with the City of Marathon to increase the reimbursement to the County to 7.5% of Page 12 07/21/2021 the base ferry service (no special events or overhead costs or charges) or up to $24,880.05 (increase of$5,736.15), whichever is less, on a term beginning July 1, 2021, for one year or until the Old Seven Mile Bridge is re-opened to the public (est. March 2022). C11 Board granted approval and authorized execution of the 5th Amendment to Agreement for the Higgs Beach Road Relocation Project with T.Y. Lin International for additional services required to complete the federal conversion process resulting from the award of a previous Land and Water Conservation Fund. This amendment is an increase of$29,110.00 to the agreement and is funded by the one-cent infrastructure tax. C12 Board adopted the following Resolution approving the 3rd Amendment to the Joint Participation Agreement with Florida Department of Transportation to increase the total contract amount by $41,637.00, for a revised not to exceed amount of$954,137.00, to partially fund operation of the Pigeon Key Ferry through June 30, 2022, or until the Old Seven Mile Bridge is re-opened to the public (est. March 2022). RESOLUTION NO. 230-2021 Said Resolution is incorporated herein by reference. C13 Board granted approval of the Issuance (renewal) of a Class A Certificate of Public Convenience and Necessity to National Health Transport, Inc., for the operation of an ALS inter- facility transport ambulance service for the period August 17, 2021, through August 16, 2023. National Health Transport, Inc. is not permitted to perform 911 emergency response work in Monroe County. C14 Board granted approval and authorized execution of an Agreement with the State of Florida, Division of Emergency Management, concerning an Emergency Management Preparedness and Assistance Base Grant Agreement No. A0193, in the amount of$105,806.00, fully grant funded with no county match; and authorization for the County Administrator or his designee to execute any other required documentation in relation to the grant. C15 Board granted approval and authorized execution of a 99-year Lease Agreement with Florida Keys Aqueduct Authority (FKAA) for part of a parcel located at Jackson Square, owned by FKAA. This parcel will be used by Monroe County in order to construct a new Chiller Building. C16 Board granted approval to award bid and authorized execution of a Contract with Sea Tech of the Florida Keys, Inc., in the amount of$68,450.00, for the construction of the Key West Lighthouse Ticket Counter HVAC, Ducting, & Insulation Upgrades Project. This project is funded by a Tourist Development Council Grant. C 17 Board granted approval and authorized execution of the 1st Amendment to the Agreement with Coral Construction Company for construction of the Lower Keys Scenic Viewing Area and Nature Center(Big Pine Swimming Hole)Project. This is a no cost amendment which updates the Davis Bacon Wages at the request of the Florida Department of Transportation. Page 13 07/21/2021 C18 Board granted approval and authorized execution of a Contract with Christian Eckart, for $53,000.00, 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. C19 Board granted approval and authorized execution of the Air Ambulance Agreement between Monroe County and the Monroe County Sheriffs Office for the provision of rapid air transport of critically injured or critically ill patients with appropriate onboard medical support to medical facilities outside Monroe County for a fifteen-year term, commencing on July 19, 2021, and terminating on July 18, 2036. C20 Board accepted the report of monthly Change Orders for the month of June 2021, reviewed by the County Administrator/Assistant County Administrator. Said report is incorporated herein by reference. C21 Board granted approval and authorized execution of an Agreement with the State of Florida, Division of Emergency Management, concerning an Emergency Management Performance Grant Agreement No. G0278, in the amount of$67,512.00, fully grant funded and no county match; and authorization for the County Administrator or his designee to execute any required documentation in relation to the grant. C22 Board granted approval and authorized execution of an Agreement with Relation Insurance Services of Florida, Inc. to provide Third Party Claims Administration for the Monroe County Workers' Compensation Program at the annual cost of$60,000.00 per year. Agreement is initially for three years, with two one-year renewal options, which would bring the total expected cost over five years to $300,000.00. C23 Board granted approval and authorized execution of an Interlocal Agreement with Florida Keys Aqueduct Authority, in the not to exceed amount of$275,970.76, to fund 50% of the cost of asphalt overlay and striping of roads on No Name Key. C24 Board granted approval and authorized execution of the 4th Amendment to Lease Agreement with Roberto Sanchez, Trustee of a certain Land Trust dated October 21, 1991, and Southernmost Development, Inc., as Lessors, for the Public Defender's office at the Professional Building,providing for the annual CPI-U adjustment retro-active to February 1, 2021. Annual cost of the lease is $168,256.74 and is paid from ad valorem funds. C25 Board granted approval and authorized execution of the 5th Amendment to the Contract with Florida Keys Society for Prevention of Cruelty to Animals, Inc. for operation of the Marathon Animal Shelter reflecting a CPI-U increase of 1.4% effective July 1, 2021. The agreement amount will increase to $459,211.83. C26 Board granted approval of waiver of Purchasing Policy and Procedure and granted approval, on a sole source basis, of an annual Agreement between Tranquility Bay Adult Day Care (Key Largo) and Monroe County to provide Facility-Based Respite Services to elderly and Page 14 07/21/2021 disabled citizens residing throughout Monroe County, in an amount not to exceed $80,000.00, for the period of July 1, 2021, through June 30, 2022. HURRICANE IRMA RECOVERY D1 Board granted approval and authorized execution of the lst Change Order to the Agreement with Sea Tech of the Florida Keys, Inc. for the Key Largo Community Park Repair Project. Additional damages caused by Hurricane Irma were discovered upon commencement of construction. D2 Board granted approval and authorized execution of the lst Change Order to the Agreement with Sea Tech of the Florida Keys, Inc. for the replacement of the Big Pine Community Park Sheriffs House in the amount of$9,405.45. The Sheriffs residence was damaged during Hurricane Irma. Board approval is required since the extension of the completion date is longer than six months. D3 Board granted approval and authorized execution of the 3rd Amendment to Ground Lease between Monroe County and the Monroe County Housing Authority (MCHA) adding the provision authorizing payment of up to $150,000.00 to MCHA for Project Plan Development; and requiring repayment upon receipt of Florida Housing Finance Corporation funding. TAX COLLECTOR El Board granted approval to extend the 2021 Tax Roll and mail the bills prior to completion of the Value Adjustment Board Hearings. TOURIST DEVELOPMENT COUNCIL F 1 Board granted approval and authorized execution of the 1st Amendment to Agreement with JDO Insights d/b/a Insights, Inc. to extend the agreement to September 30, 2022; and increase compensation, from $99,300.00 per year, to $109,230.00 per year to provide Visitor Profile Survey Services. F2 Board granted approval and authorized execution of an Agreement with Underwood Martell, Inc. d/b/a Tinsley Advertising & Marketing, Inc. to provide advertising services which promote tourism. AIRPORTS J1 Board granted approval to issue a Purchase Order to Florida Airfield Maintenance, JV (FAM JV), in the amount of$96,504.25, for Apron Pavement Markings at the Key West International Airport; to be paid from Key West Airport Operating Fund 404. FAM JV holds State of Florida Contract BEA97 for airport pavement markings and related services. J2 Board granted approval to rescind State of Florida, Department of Transportation (FDOT), Public Transportation Grant Agreement G1237, 2nd Amendment approved on June 16, Page 15 07/21/2021 2021; and granted approval to ratify the FDOT, Public Transportation Grant Agreement G1237, revised 2nd Amendment, as executed by the Director of Airports. The 2nd Amendment adds the rehabilitation of the eleven hangars damaged during Hurricane Irma to the scope of work under the Grant. J3 Board accepted the report of Airport Change Orders reviewed by the County Administrator/Assistant County Administrator for the month of June 2021. Said report is incorporated herein by reference. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING& CODE COMPLIANCE DEPARTMENTS K1 Board adopted the following Resolution for the reservation of twenty Affordable Housing ROGO Allocations in the Moderate-Income Category,pursuant to Monroe County Code Section 138-24(B)(2), for the development of twenty Affordable/Employee Housing Dwelling Units on property located in Section 21, Township 67 South, Range 26 East, Big Coppitt Key, approximate mile marker 9.5 Gulf-Side, currently having parcel identification numbers 00120940- 000000 and 00120940-000301 until July 21, 2022. RESOLUTION NO. 231-2021 Said Resolution is incorporated herein by reference. K3 Board granted approval and authorized execution of Task Assignment No. FK-173 with the Florida Fish & Wildlife Conservation Commission to receive $115,000.00 which will allow the County to hire a contracted crew of Invasive Exotic Plant Control Technicians to treat invasive exotic plants on conservation lands that are owned or managed by Monroe County. K4 Board granted approval of the Selection Committee ranking of the sole proposer, On The Hook Marine Services, LLC (Respondent), responding to the Request for Proposals for Mobile Vessel Pumpout Service; and approval to negotiate a Contract with the respondent. K7 Board granted approval and authorized execution of a two-year extension to the Contract with American Underwater Contractors, Inc., for the installation and maintenance of aids to navigation and regulatory markers in Monroe County. K8 Board granted approval and authorized execution of a two-year extension to the Contract with Coffin Marine Services, Inc., for the installation and maintenance of aids to navigation and regulatory markers in Monroe County. K9 Board granted approval and authorized execution of a two-year extension to the Contract with Coral Construction Company for the installation and maintenance of aids to navigation and regulatory markers in Monroe County. K10 Board granted approval and authorized execution of a two-year extension to the Contract with Key West Harbor Services, Inc., for installation and maintenance of aids to navigation and regulatory markers in Monroe County. Page 16 07/21/2021 K11 Board granted approval and authorized execution of a two-year extension to the Contract with Underwater Engineering Services, Inc., for the installation and maintenance of aids to navigation and regulatory markers in Monroe County. K12 Board granted approval and authorized execution of an Interlocal Agreement between Monroe County Land Authority (MCLA) and Monroe County (MC) authorizing MCLA to manage five MC employees and MC acquisition programs, including: Density Reduction Program, Less than Fee Program, Habitat Restoration Program, re-sale of vacant density reduction lots without development rights, the CDBG-DR Voluntary Home Buyout, and the HMGP-Buyout Programs; and repealing the prior Interlocal Agreement dated October 19, 2016. K13 Board granted approval and authorized execution of a Professional Services Contract with Thomas D. Wright to continue to serve as legal counsel for the Contractors' Examining Board and to include services to the Planning Commission. SHERIFF'S OFFICE M1 Board granted approval of the request for expenditure for Federal Equitable Sharing Funds to be used for a DJI Mavic Drone and a TVU Video Integrator package to be made available to the SFLHIDTA Task Forces to enhance surveillance and allow participants to view video remotely in real time from mobile devices. COUNTY CLERK 01 Board granted approval of the minutes from the regular meeting of April 21, 2021. Said minutes are incorporated herein by reference. 02 Board granted approval to dispose of records that have met the retention criteria. Said records are incorporated herein by reference. 03 Board granted approval of Tourist Development Council expenses for the month of June 2021, as follows: Advertising, in the amount of$221,479.04; Bricks & Mortar Projects, in the amount of$30,658.29; Events, in the amount of$124,383.90; Office Supplies & Operating Costs, in the amount of$35,059.68; Personnel Services, in the amount of$107,239.94; Public Relations, in the amount of$201,563.62; Sales & Marketing, in the amount of$61,842.53; Telephone &Utilities, in the amount of$15,606.65; Travel, in the amount of$3,067.29; and Visitor Information Services, in the amount of$142,113.08. 04 Board granted approval of BOCC Warrants 10086621-10087536, (PR Checks), 3144703- 3145290 (PR Voucher), 27237-27276 (WC)for the month of June 2021, as follows: 001 General Fund, in the amount of$5,833,298.64; 101 Fine & Forfeiture, in the amount of$4,716,902.48; 102 Road/Bridges, in the amount of$1,112,588.80; 104 Middle Keys Health Care MSTU, in the amount of$556,978.00; 115 Tourist Development Council-Two Penny, in the amount of $411,388.13; 116 TDC - Admin Promo 2 Cent, in the amount of$202,138.56; 117 TDC - District 1 Third Cent, in the amount of$172,284.64; 118 TDC - District 2 Third Cent, in the Page 17 07/21/2021 amount of$32,904.24; 119 TDC - District 3 Third Cent, in the amount of$42,400.94; 120 TDC - District 4 Third Cent, in the amount of$45,256.56; 121 TDC - District 5 Third Cent, in the amount of$80,130.73; 125 Grant Fund, in the amount of$912,277.43; 130 Impact Fees/Roadways, in the amount of$124,455.60; 132 Impact Fees/Library, in the amount of $173,600.34; 141 Fire/Ambulance, in the amount of$1,049,686.75; 147 Unincorporated Service, the amount of$170,355.57; 148 Planning Building, in the amount of$826,594.65; 149 Municipal Policing, in the amount of$596,963.66; 150 E911 Enhancement Fund, in the amount of$37,412.47; 152 Duck Key Security, in the amount of$363.68; 153 Local Housing Assistance, in the amount of$61,774.58; 157 Boating Improvement Fund, in the amount of $15,875.09; 158 Miscellaneous Special Revenue Fund, in the amount of$17,298.71; 160 Environmental Restoration, in the amount of$16,290.23; 162 Law Enforcement Trust-600, in the amount of$1,000.00; 163 Court Facilities, in the amount of$11,298.73; 171 Stock Island Wastewater, in the amount of$1,728.58; 175 Long Key-Layton MSTU, in the amount of $555.00; 176 Duck Key MSTU, in the amount of$825.26; 180 Building Funds, in the amount of $410,018.51; 304 1 Cent Infrastructure, in the amount of$419,937.49; 310 Big Coppitt Wastewater, in the amount of$8,988.80; 312 Cudjoe Regional WW Project, in the amount of $20,393.66; 314 Series 2014 Revenue Bonds, in the amount of$2,833,445.12; 315 Long Key WW Project, in the amount of$10,371.84; 401 Card Sound Bridge, in the amount of$29,902.55; 403 Marathon Airport, in the amount of$109,137.23; 404 Key West Intl Airport, in the amount of$1,292,980.59; 406 PFC & Operating Restrictions, in the amount of$1,151,142.46; 414 MSD Solid Waste, in the amount of$1,653,223.14; 501 Workers' Compensation, in the amount of $195,960.89; 502 Group Insurance Fund, in the amount of$1,339,883.67; 503 Risk Management Fund, in the amount of$1,678,497.95; and 504 Fleet Management Fund, in the amount of $310,784.24. COUNTY ADMINISTRATOR P1 Board accepted the County Administrator's monthly report for July 2021. Said report is incorporated herein by reference. P2 Board granted approval and authorized execution of a Construction Cost Participation Agreement with Ocean Reef Community Association, Inc. for the County to contribute $600,000.00 towards the completed construction costs at 2 Gatehouse Road to house a Monroe County Building Department Satellite Office. P6 Board granted approval and authorized execution of the lst Amendment, in the amount of $39,425.00, to the Contract with Erin L. Deady, P.A. to perform an updated vulnerability assessment; provide consulting services to guide Monroe County through the Resilience Florida Grant Program and applications; and update the GreenKeys Plan, retroactive to June 30, 2021. P7 Board granted approval to negotiate with vendors in rank order for the Restoration of Canal 84, in Rock Harbor in Key Largo, funded by Revenue Grant Agreement No. LPA0089 with the Florida Department of Environmental Protection. Page 18 07/21/2021 COUNTY ATTORNEY Q2 Board granted approval to accept the proposal for renewal of Airport Liability Insurance from ACE Property and Casualty Insurance Co., through Arthur J. Gallagher& Co., with an annual premium of$52,240.00; and authorization for the Risk Administrator to sign all necessary forms. Q4 Board granted approval and authorized execution of a Mediated Settlement Agreement requiring restoration of property after land clearing violations in Martinelli v. Monroe County (Circuit Court Case No. 20-00001-M, CE17110066 and CE1710067). AIRPORTS U2 Board granted approval and authorized execution of the 2nd Amendment to Master Lease Agreement between Coast FBO, LLC d/b/a Marathon General Aviation granting the FBO approval to construct, at FBO's sole expense, a new FBO Operations Center on vacant land at Florida Keys Marathon International Airport. U3 Board granted approval and authorized execution of the lst Amendment to the Master Fixed Based Operation (FBO) Lease Agreement with Grantair Service, Inc. and Marathon Aviation Associates, granting the FBO approval to relocate and construct, at FBO's sole expense, the Rich Hangar on vacant space available on the east side of Florida Keys Marathon International Airport. PROJECT MANAGEMENT U4 Board granted approval to rescind Agenda Item C18 approved at the June 16, 2021, BOCC meeting; and granted approval and authorized execution of a revised Agreement with Charley Toppino & Sons, Inc., in the amount of$1,445,000.00, for Phase I development of Rowell's Waterfront Park. The revised contract clarifies the County acceptance of Alternate 41 in the contract documents. This project is funded by TDC Grants and Fund 304. U5 Board granted approval and authorized execution of the revised Florida Department of Transportation, LAP Grant Supplemental Agreement No. 2 (Contract GON68) 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. The BOCC approved this Supplemental Agreement No. 2 at the June meeting, however the State's fiscal year for the funding needs to be updated. FACILITIES MAINTENANCE U6 Board granted approval and authorized execution of the lst Amendment to Agreement with Beach Raker, LLC for beach cleaning, maintenance, and beautification at Higgs Beach, with a CPI-U increase of 1.4%, retroactive to April 1, 2021; and updated federal contract Page 19 07/21/2021 provisions and/or Monroe County Ordinances and Purchasing Policy changes. TDC is the funding source. BUDGET & FINANCE U7 Board granted approval of the transmittal of the County Administrator's Fiscal Year 2022 Recommended Budget. Said budget is incorporated herein by reference. U8 Board adopted the following Resolutions concerning the Transfer of Funds and for the Receipt of Unanticipated Revenue, as follows: Receipt of Unanticipated Funds (OMB Schedule Item No. 1). RESOLUTION NO. 232-2021 Said Resolution is incorporated herein by reference. Receipt Of Unanticipated Funds (OMB Schedule Item No. 2). RESOLUTION NO. 233-2021 Said Resolution is incorporated herein by reference. Transfer Of Funds (OMB Schedule Item No. 3). RESOLUTION NO. 234-2021 Said Resolution is incorporated herein by reference. Receipt Of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 235-2021 Said Resolution is incorporated herein by reference. Receipt Of Unanticipated Funds (OMB Schedule Item No. 5). RESOLUTION NO. 236-2021 Said Resolution is incorporated herein by reference. Receipt Of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 237-2021 Said Resolution is incorporated herein by reference. Transfer Of Funds (OMB Schedule Item No. 7). RESOLUTION NO. 238-2021 Said Resolution is incorporated herein by reference. Receipt Of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 239-2021 Said Resolution is incorporated herein by reference. Receipt Of Unanticipated Funds (OMB Schedule Item No. 9). RESOLUTION NO. 240-2021 Said Resolution is incorporated herein by reference. Page 10 07/21/2021 Receipt Of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 241-2021 Said Resolution is incorporated herein by reference. Receipt Of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 242-2021 Said Resolution is incorporated herein by reference. Receipt Of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 243-2021 Said Resolution is incorporated herein by reference. Receipt Of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 244-2021 Said Resolution is incorporated herein by reference. Receipt Of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 245-2021 Said Resolution is incorporated herein by reference. Transfer Of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 246-2021 Said Resolution is incorporated herein by reference. Transfer Of Funds (OMB Schedule Item No. 16). RESOLUTION NO. 247-2021 Said Resolution is incorporated herein by reference. Receipt Of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 248-2021 Said Resolution is incorporated herein by reference. Transfer Of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 249-2021 Said Resolution is incorporated herein by reference. Transfer Of Funds (OMB Schedule Item No. 19). RESOLUTION NO. 250-2021 Said Resolution is incorporated herein by reference. COUNTY ADMINISTRATOR U9 Board granted approval of the appointment of Barbara Bauman in the Category of Professional to the Historic Preservation Commission, replacing Donna Bosold, with a term expiring July 21, 2024. Page 111 07/21/2021 COUNTY ATTORNEY U10 Board granted approval and authorized execution of a Settlement Agreement in the matters of Disaster Solutions v. Monroe County, Case No. 2019-CA-32-K and Lewis v. Monroe County, Case No. 2021-CA-258-K; and authorization for County Attorney to execute any other necessary documents. Motion carried unanimously. COMMISSIONER'S ITEM N1 A presentation was given by the Director of Joint Interagency Task Force South, Rear Admiral Doug Fears. STAFF REPORT G Richard Strickland, Director of Airports, gave a Power Point Presentation update on Key West International Airport and Florida Keys Marathon Airport. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING& CODE COMPLIANCE DEPARTMENTS K2 Emily Schemper, Sr. Director of Planning & Environmental Resources, gave a Power Point Presentation update on the Affordable Housing Rate of Growth Ordinance allocation balance. Bob Shillinger, County Attorney, addressed the Board. The following individual addressed the Board: Stuart Schaffer, representing Sugarloaf Shores Homeowner's Association. K6 Ms. Schemper gave a Power Point Presentation concerning direction to process Comprehensive Plan and Land Development Code amendments to facilitate the elevation (lifting up) of lawfully existing residential dwelling units by waiving or reducing certain setback and open space requirements, to allow necessary improvements to provide access (stairs, ramp, etc.) to a house elevated above base flood level to reduce the risk of future flood damage. Fire Chief Steve Hudson addressed the Board. The Board took no official action. COUNTY ADMINISTRATOR P5 Rhonda Haag, Chief Resilience Officer, addressed the Board. Erin Deady, Esquire, gave a Power Point Presentation on the formulation of a grant application strategy for the "Resilient Florida" grant funds this year. Lisa Tennyson, Legislative Affairs & Grants Acquisition Director; and Roman Gastesi, County Administrator, addressed the Board. The following individual addressed the Board: Stephanie Russo. The Board took no official action. SOUNDING BOARD S1 George Smyth addressed the Board regarding the Stillwright engineering cost sharing in the 2022 budget. Page 112 07/21/2021 COUNTY ADMINISTRATOR P4 Ms. Haag gave a Power Point Presentation regarding implementation of the Canal Restoration Project ranking list as to potential assessments needed for restoration projects requiring long term operations and maintenance. Greg Corning, representing Wood Environment& Infrastructure Solutions, Inc., addressed the Board. Mr. Gastesi, Mr. Shillinger and Kimberly Matthews, Sr. Director of Strategic Planning & Libraries, addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Cates to accept the top eleven canals to be identified as the ones to start a restoration project. Roll call vote carried unanimously. COMMISSIONER'S ITEMS N2 Andy Newman gave a Power Point Presentation update on the Lobster Mini Season Task Force regarding Tourist Development Council resources. Captain David Dipre, Florida Fish and Wildlife Conservation Commission addressed the Board. PUBLIC HEARINGS R2 A Public Hearing was held to consider an application for issuance of a Class A and Class B Certificate of Public Convenience and Necessity (COPCN)to Elite Medical Transport, Inc. for the operation of an ALS and BLS Transport Service, as well as a Non-Emergency Transport Service in Monroe County, Florida for the period July 22, 2021, through July 21, 2023, for responding to requests for inter-facility transports. Elite Medical Transport Inc. is not permitted to perform 911 emergency response work in Monroe County. The following individual addressed the Board: Alejandro Castro, representing Elite Medical Transport, Inc. Chief Hudson and Mr. Shillinger addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Forster granting approval of the item with the exception of the City of Marathon. Motion carried unanimously. R3 A Public Hearing was held to consider an Ordinance amending Section 11-175 of the Monroe County Code to clarify inconsistent language by specifically exempting the requirement for a public hearing or notice to current COPCN certificate holders in the event of a Class A or Class B COPCN renewal application, as well as increase the application fee for Class A and Class B COPCN renewals from $25.00 to $475.00. There was no public input. Motion was made by Commissioner Cates and seconded by Commissioner Forster to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 019-2021 Said Ordinance is incorporated herein by reference. R4 A Public Hearing was held to consider an Ordinance amending Section 11-173 of the Monroe County Code to provide for the preferred method of notice to existing COPCN holders be via email, increase the non-refundable application fee for new Class A and Class B COPCNs from $50.00 to $950.00,provide for an audit of an applicant's annual operating statistics,provide Page 113 07/21/2021 for a life safety inspection prior to an applicant beginning operations, and provide for the requirement of applicants to notify the County of any change to the business location and providing for cancellation of the COPCN for failure thereof. There was no public input. Motion was made by Commissioner Cates and seconded by Commissioner Forster to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 020-2021 Said Ordinance is incorporated herein by reference. R5 A Public Hearing was held to consider a glitch Ordinance to remove the requirement in M.C.C. 2-700 that the appointments to the Affordable Housing Advisory Committee be accomplished by Resolution. Mr. Shillinger 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. 021-2021 Said Ordinance is incorporated herein by reference. COUNTY ADMINISTRATOR U1 Mr. Gastesi and Mr. Shillinger addressed the Board regarding Poinciana Gardens Senior Living Facility. The following individual addressed the Board: Ann Helmers, representing Last Stand. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Forster directing the County Attorney and County Administrator to draft a three party, three-year agreement, with the City of Key West(City) and the Key West Housing Authority regarding the operation of Poinciana Gardens (PG) Senior Living Facility, with the following components: 1. The County will help support PG with approximately $600,000.00 per year, not to exceed $1.8 million over three years. 2. The City will help support PG with approximately $600,000.00 per year, not to exceed $1.8 million over three years. 3. The current residents (9) in Bayshore Manor will be moved to PG. 4. Some (TBD) Bayshore Manor employees will transfer to PG. The County will pay the compensation difference for the County employees. Motion carried unanimously. COMMISSIONER'S ITEM N4 Board discussed approval of a Resolution in support of peaceful protests for democracy and liberty in Cuba. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Cates to adopt the following Resolution. Roll call vote carried unanimously. RESOLUTION NO. 251-2021 Said Resolution is incorporated herein by reference. Page 114 07/21/2021 COUNTY ATTORNEY Q3 Mr. Shillinger addressed the Board concerning authorization for the County Attorney to seek an Attorney General's Opinion to clarify the effect of House Bill 735's changes to F.S. 489.117 and F.S. 163.211; and the ability of the County to continue to issue local specialty contractor licenses and those contractor's continued ability to pull building permits. Mr. Gastesi and Ms. Tennyson addressed the Board. The following individuals addressed the Board: John Coffin, Rudy Krause, representing the Contractor's Examining Board; Armand Messina, Randy Mearns, Steve Henson, and Jackie Alls, representing Designer Tops, Inc. The Board took no official action. COUNTY ADMINISTRATOR P3 Mr. Wilson gave a Power Point Presentation concerning direction for future continuation of or change to restrictions for Bay Drive in the Sunset Point/Bay Harbor Subdivisions. Mr. Shillinger addressed the Board. The following individuals addressed the Board: Debra Owens, Tamara Green, Lucy Given, Beth Rosenow, Mary Jane Orr, and Madelin Riquelme. The Board took no official action. CLOSED SESSIONS Commissioner Rice excused himself from the meeting. Ll Mr. Shillinger addressed the Board concerning an Attorney-Client Closed Session in the matter of Roy's Trailer Park, Inc., dba Island Life Village v. Eric Noel, Marie Noel, and Monroe County, Case No. 19-CA-001750-K. Motion was made by Commissioner Forster and seconded by Commissioner Cates to continue the item to the August 18, 2021, meeting in Key Largo. Motion carried unanimously, with Commissioner Rice not present. L2 Mr. Shillinger addressed the Board concerning a Closed Session in the matter of Board of County Commissioners v. FNMA, Case No. 20-CA-454-K. Motion was made by Commissioner Forster and seconded by Commissioner Cates to continue the item to the August 18, 2021, meeting in Key Largo. Motion carried unanimously, with Commissioner Rice not present. Commissioner Rice returned to the meeting and took his seat. COUNTY ATTORNEY Q1 Mr. Shillinger addressed the Board concerning the County Attorney Report for July 2021. Said report is incorporated herein by reference. Mr. Shillinger confirmed the date of August 10, 2021, for the Ethics Training at the Marathon Government Center at 10:00 a.m. Mr. Shillinger gave an update on the judicial vacancy. Page 115 07/21/2021 COMMISSIONERS COMMENTS T Commissioner Rice requested to hear some comments from staff at the next meeting on what requirements the County has for building structural integrity inspections in unincorporated Monroe County. CLOSED SESSION U Mr. Shillinger announced the Risk Management Closed Session to be held in the Jones Act claim of Mark Thompson v. Monroe County 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 Attorneys Cynthia Hall and Peter Morris, Assistant County Administrator Christine Hurley, Marine Resource Senior Administrator Celia Hitchens, Risk Administrator Maria Slavik, Employee Services Director Bryan Cook, Safety and Security Administrator Mark Gongre. There being no further business, the meeting of the Board of County Commissioners was adjourned. Kevin Madok, CPA, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida J ameea.C;.mayzcozk,ae. Page 116 07/21/2021