09/15/2021 Regular MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, September 15, 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 Craig Cates, 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.
A memorial presentation was given honoring Commissioner Mike Forster.
ADDITIONS, CORRECTIONS AND DELETIONS
Al Motion was made by Commissioner Rice and seconded by Commissioner Martinez granting
approval of the Additions, Corrections and Deletions to the agenda. Motion carried unanimously.
PRESENTATION OF AWARDS
B1 Presentation of Mayor's Proclamation declaring the week of October 3-10, 2021, as Fire
Prevention Week in Monroe County.
B2 Presentation of Mayor's Proclamation declaring the week of September 27 through October
3, 2021, as Diaper Need Awareness Week in Monroe County, Florida.
BULK APPROVALS
Motion was made by Mayor Coldiron and seconded by Commissioner Martinez granting
approval of the following items by unanimous consent:
C 1 Board granted approval and authorized execution of the 6th Amendment to Lease Agreement
with 1000 Atlantic Boulevard LLC (Salute Restaurant), for a CPI-U increase of 1.4 %,with a new
monthly rental amount of$9,322.80 commencing retroactive to August 12, 2021.
C3 Board granted approval and authorized execution of an Interlocal Agreement for Joint Use of
Fueling Facilities between Monroe County and Monroe County School Board.
C4 Board granted approval and authorized execution of the 6th Amendment to Contract with
WSP USA, Inc. for Engineering Design and Permitting Services for the Sea Level Rise Pilot Project
to extend the project limits of the Sands Subdivision(Big Pine Key)Project to include the east end of
Page 11 09/15/2021
Avenue G. The amendment adds engineering design services to elevate a portion of Avenue G and
provide drainage in the, maximum not to exceed, amount of$77,949.58.
C5 Board accepted the Monroe County Length of Service Award Program (LOSAP) Actuarial
Valuation Report for the Plan Year 2021; and$0 transfer of funds for Plan Year 2021 into the
LOSAP Trust Fund.
C6 Board granted approval and authorized execution of the 1st Amendment to the Project
Agreement for Emergency Fuel/Facilities Use between Monroe County Board of County
Commissioners,the Utility Board of the City of Key West/KEYS Energy,Florida Keys Aqueduct
Authority,the City of Key West, and the Monroe County School Board/Monroe County School
District,providing for emergency fuel/facilities use during an emergency.
C7 Board granted approval of the Issuance (renewal) of a Class B Certificate of Public
Convenience &Necessity to National Health Transport, Inc. for the operation of a Non-Emergency
Medical Transportation Service in all geographical locations in Monroe County for the period
October 19, 2021,through October 18, 2023; and granted approval of the City of Marathon's
objection to service within their City limits. National Health Transport, Inc. is not permitted to
perform 911 emergency response work in Monroe County.
C8 Board granted approval and authorized execution of a two-year Contract with Professional
Emergency Services, Inc.,for a Medical Director of Monroe County Fire Rescue; with an increase
from $54,000.00 to $55,000.00 per year for air ambulance medical direction; the same annual cost of
$58,000.00 for ground ambulance medical direction; and the option to renew for two additional two-
year periods at an increase in cost of up to five percent. This contract is pursuant to the exemption
from the competitive bidding process for professional services under Chapter 4 of the Purchasing
Policies and Procedures.
C9 Board granted approval to ratify and authorized execution of the new three-year Collective
Bargaining Agreement with Teamsters Local Union No. 769, signed by the County Administrator on
August 31, 2021; effective October 1, 2021,that includes some administrative updates and changes.
C10 Board granted approval to ratify and authorized execution of the new three-year Collective
Bargaining Agreement with International Association of Firefighters Local 3909,Unit 1 and Unit 2,
signed by the County Administrator on August 31, 2021; effective October 1,2021 through
September 30, 2024,which includes implementation of a years-of-service based Pay Plan for each
rank; converts incentives to specified dollar amounts; and includes other related administrative
changes and updates.
C11 Board granted approval for the Monroe County Public Library branches to close Saturday,
December 25, 2021, and Saturday, January 1, 2022.
C12 Board granted approval to issue a Request for Proposal for annual physical examinations of
Monroe County Fire Rescue personnel in accordance with NFPA 1582.
C 13 Board granted approval and authorized execution of a Memorandum of Understanding with
Friends of the Helen Wadley Branch Library Islamorada, Inc. (Friends) for the purpose of creating a
mutually beneficial and clear operational understanding between Friends and Monroe County Public
Library. The Friends mission is to raise money and public awareness in the community to support the
Page 12 09/15/2021
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.
C14 Board granted approval and authorized execution of an Agreement with Safeware, Inc. to
install and integrate access control and video systems at two County workplaces as part of the
County building security plan; and pursuant to Board direction from the results of the Facility
Security Vulnerability Assessment previously conducted.
C15 Board granted approval and authorized execution of a Task Order with Cardno Inc., for
Professional Engineering Services for the Key Deer Boulevard Roadway Repairs Project on Big Pine
Key. This task order is being awarded in accordance with the Continuing Contract for On Call
Professional and Architectural Engineering Services in the maximum,not to exceed, amount of
$53,585.00.
C 16 Board granted approval and authorized execution of the 2nd Amendment to Contract with
Humane Animal Care Coalition, Inc., for CPI-U adjustment of 1.4%, effective October 1, 2021. The
CPI-U annual adjustment was approved in the contract dated July 15, 2020. The item is funded
through ad-valorem taxes and has been budgeted.
C17 Board granted approval and authorized execution of an Agreement with the State of Florida,
Department of Environmental Protection, Division of Waste Management, for the Small County
Consolidated Solid Waste Grant No. SC223,in the amount of$93,750.00, for Fiscal Year 2021-2022.
C19 Board granted approval to ratify the submission of a Grant Application to the U.S.
Department of Justice, Bureau of Justice Assistance for the Fiscal Year 2021 Edward Byrne
Memorial Justice Assistance Grant Program Local Solicitation in the amount of$14,691.00; and
granted approval of the funding to be supportive of the Monroe County Probation Services Case
Management Technology; and authorized the Director of Budget and Finance to execute acceptance
of the award and related documents. Cash match is not required.
C20 Board granted approval and authorized execution of the 1st Supplement to the Florida
Department of Transportation (FDOT), Local Agency Program Grant Agreement, for design and
permitting for the Florida Keys Overseas Heritage Trail connection at Cudjoe Gardens Project; that
adds an updated Exhibit B with revised signature requirement with no change to the grant amount.
The project is federally funded and is programmed in the FDOT District VI Five Year Work
Program.
C21 Board accepted the report of monthly Change Orders for the month of August 2021,
reviewed by the County Administrator/Assistant County Administrator. Said report is incorporated
herein by reference.
C22 Board granted approval and authorized execution of Grant Agreement No. 22MO1 with the
State of Florida, Department of Environmental Protection,in the amount of$381,058.50 for the
Higgs Beach Sand Renourishment Project; and authorization for the Mayor to execute any applicable
grant documents.
C23 Board granted approval and authorized execution of the 1 Ph Amendment to the Agreement
with Buccaneer Courier to add one additional delivery and pick-up for the Monroe County Building
Department at 213 Key Deer Boulevard, Big Pine Key,FL 33043 (STOP 910-D); and remove Stop
Page 13 09/15/2021
910-A for Commissioner Coldiron's Office, 925 Ships Way, Big Pine Key, FL 33043.
Commissioner's Coldiron's Office will be added to existing Stop 910-13, 213 Key Deer Boulevard,
Big Pine Key, FL 33043.
C24 Board granted approval of a waiver of Purchasing Policy and granted approval/ratification of
an emergency Agreement with Sea Tech of the Florida Keys, Inc., in the amount of$288,815.00, for
the demolition of the Jefferson B. Browne Building Parapet.
C25 Board granted approval and authorized execution of the 5th Amendment to Agreement for
Disposal of Remains between Dean-Lopez Funeral Home and Monroe County to extend the tern of
the agreement by two years, for a contract period of October 16, 2021,through October 15, 2023.
C26 Board granted approval and authorized execution of the 5'Amendment to Agreement for
Disposal of Remains between Allen Funeral Directors, LLC., d/b/a Allen-Beyer Funeral Home and
Monroe County to extend the term of the agreement by two years, for a contract period of October
16, 2021,through October 15, 2023.
C27 Board adopted the following Resolutions for the Transfer of Funds and for the Receipt of
Unanticipated Revenue:
Transfer of Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 278-2021
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 279-2021
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Revenue (OMB Schedule Item No. 3).
RESOLUTION NO. 280-2021
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 281-2021
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 282-2021
Said Resolution is incorporated herein by reference.
C28 Board granted approval and authorized execution of the 6th Amendment to Agreement for
Disposal of Remains between Florida Keys Funeral Services LLC. d/b/a Key West Mortuary and
Monroe County to extend the term of the agreement by two years, for a contract period of October
16, 2021,through October 15, 2023.
Page 14 09/15/2021
TOURIST DEVELOPMENT COUNCIL
DI Board granted approval and authorized execution of the 1 st Amendment to extend Agreement
with Herman Lucerne Memorial Foundation, Inc. for the Herman Lucerne Memorial Tarpon Cup
Fishing Event to September 30, 2 02 1.
D2 Board announced one vacant "At Large" position on the Tourist Development Council
District I Advisory Committee; one vacant "At Large" position on the Tourist Development Council
District III Advisory Committee; and one vacant "At Large" position on the Tourist Development
Council District IV Advisory Committee.
D3 Board granted approval of Ms. Jody Gross (sole applicant) as a "At Large" appointment to
the Tourist Development Council District I Advisory Committee.
D4 Board granted approval of Mr. Rob Stober(sole applicant) as a "At Large" appointment to
the Tourist Development Council District IV Advisory Committee.
AIRPORTS
J1 Board accepted the report of Airport Change Orders for the month of August 2021 reviewed
by the County Administrator/Assistant County Administrator. Said report is incorporated herein by
reference.
J2 Board granted approval and authorized execution of Jacobs Project Management Co.'s Task
Order No. 12/15-C4,in the amount of$211,987.00, for additional Construction Inspection and
Construction Administration Services for the Taxiway "A"Rehabilitation and Lighting Project at
Key West International Airport. The task order is being funded by Florida Department of
Transportation Airfield Improvements Grant No. G1007 (50%); and Airport Operating Fund 404
(50%).
J3 Board granted approval and authorized execution of Jacobs Project Management Co.'s Task
Order No. 12/15-B1, in the amount of$985,732.00, for Design and Permitting of the Commercial
Apron Expansion Project at the Key West International Airport. The project was identified in the
Master Plan, completed in 2019, due to the need to improve safety and reduce congestion on the
commercial apron. The task order is being funded by Florida Department of Transportation Airfield
Improvements Grant No. G1007 (50%); and Airport Operating Fund 404 (50%).
J4 Board ratified and granted approval of Federal Aviation Administration (FAA) AIP Grant
Agreement No. 3-12-0037-63-2021, as executed by the Director of Airports,providing
$5,527,912.00 in funding for Key West International Airport Noise Insulation Program at Key West
by the Sea(KWBTS); construction management& administration and construction of Building A,
Phase 2;preparation of final bid documents &bid process for KWBTS final phase; and Airport
Noise Program Coordinator Services. All project costs to be funded with Federal Aviation
Administration Grant 937-63 (100%).
J5 Board granted approval and authorized execution of Professional Service Order No. 7 with
THC, Inc. for the ongoing implementation of the Key West International Airport Noise Insulation
Program(NIP)including preparation of final bid documents and bid process for Key West by the Sea
Page 15 09/15/2021
(KWBTS),Final Phase (25 units); and Construction Management and Administration of the
Construction Project at KWBTS, Building A,Phase 2 (27 units),in the amount of$1,621,165.90. All
project costs to be funded with Federal Aviation Administration Grant No. 37-63 (100%). The total
number of units may change if homeowners decide to opt out of the program.
J6 Board granted approval to waive a minor bid irregularity and granted approval to award bid
and authorized execution of a Contract to the only bidder DEC Contracting Group, in the amount of
$3,814,607.91, for the Key West International Airport Noise Insulation Program Project at Key West
by the Sea, Building A,Phase 2. The Federal Aviation Administration (FAA) grant for this project is
also on the September 15,2021 agenda. All project costs to be funded with FAA Grant No. 37-63
(100%).
J7 Board granted approval and authorized execution of Jacobs Project Management Co.'s Task
Order No. 12/15-C6 for Airport Noise Program Coordinator Services, in the amount of$88,638.00.
All project costs to be funded with FAA Grant 937-63 (100%).
J8 Board adopted the following Resolution authorizing the Director of Airports,his designee,
and/or his successors,to sign and execute Non-signatory Airline Operating Agreements with
commercial airline service providers seeking to operate at Key West International Airport and
Florida Keys Marathon International Airport.
RESOLUTION NO. 283-2021
Said Resolution is incorporated herein by reference.
J9 Board granted approval of the Fiscal Year 2022 Airline Rates and Charges for Key West
International Airport, effective October 1, 2021. The rates are adjusted as follows: Average Terminal
Rental Rate $59.35 per square feet($2.87 increase over Fiscal Year 2021 mid-year); Landing Fee
Rate $3.31 ($0.01 increase); and Checkpoint Security Charge $1.52 ($0.16 increase). The average
airline cost per enplaned passenger will be $8.85 ($0.05 decrease from Fiscal Year 2021 mid-year
review).
PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND
CODE COMPLIANCE DEPARTMENTS
K1 Board granted approval to reject all proposals and rebid the Request for Proposals for updates
of the County's 2009 Geospatial Land Cover Dataset and Tier Overlay District Maps for the Florida
Keys due to a delay in receiving updated 2021 aerial photography.
K2 Board granted approval and authorized execution of the 7th Amendment to Contract with Lori
Lehr related to projects necessary for obtaining and maintaining a Community Rating System Class 3
which yields a 35% discount(going from a Class 5 savings of$5,135,345.00 to Class 3 savings of
$7,542,268.00 annually), for National Flood Insurance Program commencing April 2022;proposing
completion of an Ordinance Project; continuing annual projects; and adding projects required; and
recommended for maintaining Class 3; compensation not to exceed $417,250.00, composed of
$133,750.00 in Fiscal Year 2022; $198,750.00 in Fiscal Year 2023; and$84,750.00 in Fiscal Year
2024.
Page 16 09/15/2021
K3 Board granted approval and authorized execution of the 2nd Amendment to a Contract with
RJ Waterway Planning and Management Services, LLC to extend the term of contract(expiration
date)from September 30,2021,to September 30, 2022,to ensure continued as-needed assistance
with Monroe County waterway management functions without increasing the total not-to-exceed
compensation amount of$30,600.00.
K4 Board adopted the following Resolution approving Monroe County's 2021-2023 Biennial
Assessment of Public Facilities Capacity Report.
RESOLUTION NO. 284-2021
Said Resolution is incorporated herein by reference.
SHERIFF'S OFFICE
M1 Board granted approval of the request for expenditure from the Federal Equitable Sharing
Funds to be used for the purchase of dynamic portable message signs to provide information and
safety.
M2 Board granted approval and authorized execution of the 2nd Amendment to Contract for Local
Police Services with the Village of Islamorada,the Monroe County Sheriff s Office and Monroe
County.
M3 Board granted approval and authorized execution of a three-year Contract from 2021-2024
for Local Police Services with the City of Marathon,the Monroe County Sheriff s Office and Monroe
County.
COMMISSIONER'S ITEM
N2 Board granted approval of Commissioner Cates' appointment of Dr. William Sandy Quillen
to the KWIA Ad-Hoc Committee on Noise,with a term expiring November 18, 2024.
COUNTY CLERK
01 Board granted approval to remove surplus equipment from inventory via disposal or advertise
for bid.
02 Board granted approval of the minutes from the regular meeting of June 16, 2021 and the
special meeting of June 21, 2021. Said minutes are incorporated herein by reference.
03 Board granted approval of BOCC Warrants 10091304-10092421, (PR Checks),
50000541 (PR - only one paycheck issued), 27447-27542 (WC) for the month of August 2021,
as follows:
Fund Fund Title Amount
001 General Fund $4,487,312.80
101 Fine &Forfeiture $4,488,169.44
102 Road/Bridges $375,633.27
115 Tourist Development Council-Two Penn $328,605.50
Page 17 09/15/2021
Fund Fund Title Amount
116 TDC- Admin Promo 2 Cent $160,126.74
117 TDC- District 1 Third Cent $507,397.64
118 TDC- District 2 Third Cent $29,692.74
119 TDC- District 3 Third Cent $360,932.96
120 TDC- District 4 Third Cent $68,395.06
121 TDC- District 5 Third Cent $109,561.45
125 Grant Fund $2,583,426.09
132 Impact Fees/Library $20,373.65
141 Fire/Ambulance $439,091.65
147 Unincorporated Service $109,438.50
148 Planning Building $306,185.78
149 Municipal Policing $596,963.71
150 E911 Enhancement Fund $118,736.03
152 Duck Key Security $8,362.50
153 Local Housing Assistance $2,585.62
157 Boating Improvement Fund $57,857.50
158 Miscellaneous Special Revenue Fund $57,941.72
160 Environmental Restoration $6,122.71
162 Law Enforcement Trust-600 $25,803.81
163 Court Facilities $3,572.37
180 Building Funds $172,141.36
304 1 Cent Infrastructure $249,744.77
312 Cudjoe Regional WW Project $3,493.13
314 Series 2014 Revenue Bonds $818,198.30
316 Land Acquisition $2,287.64
401 Card Sound Bride $14,581.19
403 Marathon Airport $171,045.33
404 Key West Int'l Airport $1,413,847.12
406 PFC& Operating Restrictions $28,531.69
414 MSD Solid Waste $1,075,667.19
501 Workers' Compensation $337,041.29
502 Group Insurance Fund $911,521.00
503 Risk Management Fund $29,310.30
504 Fleet Management Fund $167,367.14
610 Fire/EMS LOSAP Trust Fund $2,370.00
04 Board granted approval of Tourist Development Council expenses for the month of August
2021, as follows:
Vendor Amount
Advertising $0.00
Bricks &Mortar Projects $29,812.33
Events $70,845.57
Office Supplies & Operating Costs $14,306.15
Personnel Services $102,998.01
Public Relations $99,000.00
Sales &Marketing $45,445.27
Telephone &Utilities $9,608.78
Page 18 09/15/2021
Vendor Amount
Travel $15,014.69
Visitor Information Services $79,110.58
COUNTY ADMINISTRATOR
P1 Board accepted the County Administrator's report for September 2021. Said report is
incorporated herein by reference.
P4 Board granted approval to advertise a Request for Proposals for a Culvert Installation Water
Quality Improvement Project on Canal 9259 in Big Pine Key,including a demonstration weed gate,
funded by U.S. Treasury Restore Grant 1 RDCGR170099-01-00.
P5 Board granted approval of a no cost I"Change Order under Revenue Grant Agreement No.
LPA0089 with the Florida Department of Environmental Protection for Canal 84 Construction and
Program Management Services,to authorize a reallocation of existing funds; and authorized the
County Administrator to execute the change order.
P6 Board granted approval and authorized execution of a$1,250,000.00 Contract with
Adventure Environmental Inc. to restore Canal 84 in Rock Harbor in Key Largo, funded by Revenue
Grant Agreement No. LPA0089 with the Florida Department of Environmental Protection.
P7 Board granted approval and authorized execution of a$99,796.00 Task Order 910 for CEI
Services for Canal 84 restoration under the On-Call Contract with Wood Environment and
Infrastructure Solutions, Inc. for Category B Canal Infrastructure Engineering Services.
P8 Board granted approval to advertise for Professional Services for the Engineering, Design,
Surveys,Permitting,Procurement, and CEI Services for up to ten Canal Restoration Projects listed in
the Monroe County Canal Work Plan.
P9 Board granted approval and authorized execution of an Amended Grant Agreement with U.S.
Department of Treasury and Amended Subrecipient Agreement with The Nature Conservancy for the
Restore Act-funded Coral Reef Restoration Project extending project completion date from October
31, 2021,to October 31, 2022 due to COVID-19-related delays.
P10 Board granted approval and authorized execution of an annual Agreement with Peebles,
Smith, Matthews (Ryan Matthews) and Gray Robinson (Dean Cannon) for continuing Strategic
Governmental Consulting and Lobbying Services on behalf of Monroe County in the legislative and
executive branches of state government effective October 1, 2021.
PH Board granted approval and authorized execution of an Agreement with Capital City
Consulting (Nick Iarossi)to provide Lobbying Services on behalf of Monroe County specifically in
executive branch of state government to advance the County's pursuit of recurring funding for the
implementation of the Florida Keys Stewardship Act and Resiliency Funding, effective September 1,
2021.
P12 Board granted approval and authorized execution of annual Agreement with Capitol Group,
Inc. (Robert Reyes) for continuing Strategic Governmental Consulting and Lobbying Services on
Page 19 09/15/2021
behalf of Monroe County in the legislative and executive branches of state government effective
October 1,2021.
P13 Board granted approval of the Monroe County 2022 State Legislative Agenda. Said agenda
is incorporated herein by reference.
P16 Board granted approval and authorized execution of a Interlocal Agreement with Key Largo
Fire and EMS District, starting on October 1, 2021 through September 30, 2026,whereby the County
will reimburse $150,000.00 per year($750,000.00 total) from Infrastructure Surtax Funds for the
purchase and installation of fire hydrants and for design,planning and construction of improvements
at Fire Station 24.
COUNTY ATTORNEY
Q1 Board accepted the County Attorney report for September 2021. Said report is incorporated
herein by reference.
Q2 Board adopted the following Resolution approving,in principle, a formula for distribution of
settlement proceeds for opioid litigation.
RESOLUTION NO. 285-2021
Said Resolution is incorporated herein by reference.
Q3 Board granted authorization to initiate litigation against Ethel Stiles c/o John Hubbs and the
property located at 29130 Guava Lane, Big Pine Key,Florida,to seek compliance with the County
Code and enforce the lien(s) arising from Code Compliance Case Numbers CE05060124 and
CE09030008.
Q4 Board granted authorization to initiate litigation against Estelle U. Williams and her property,
219 W. Sandy Circle, Big Pine Key,Florida,to enforce the lien(s) arising from Code Compliance
Case Number CE18070001.
Q5 Board granted approval to purchase insurance for Monroe County emergency vehicles and
portable equipment from American International Group through the VFIS Insurance Agency at
annual premium of$125,076.26,which represents an increase of$12,806.79 (11.4%); approval to
use competitive bidding procedures purchase exemption; and authorization for the Risk Management
Administrator to sign the Florida Consent to Rate/Excess Rate Application and all other necessary
documents. The increase in emergency vehicle physical damage premium is due to National Union
increasing their rates due to difficulty in finding replacement parts and the cost of the parts.
Q6 Board granted approval of the proposal from Florida League of Cities to renew the 2021-
2022 Liability Insurance and Excess Workers' Compensation Insurance Program for an annual
premium of$519,360.00; and authorization for Risk Management Administrator to sign all necessary
documents. The premium represents an increase of$66,215.00 (14.6%).
Q7 Board ratified and granted approval of the Agreement with the law firm of Persson, Cohen &
Mooney, P.A. to provide outside counsel services to the County Attorney's Office and the Planning
and Environmental Resources Department,retroactive to August 20,2021.
Page 110 09/15/2021
Q8 Board granted authorization to initiate litigation against Agustin Rodriquez & Angela M.
Rodriguez and their property, B7 8th Avenue, Stock Island,Florida,to enforce the lien(s) arising
from Code Compliance Case Number CE17060089.
Q9 Board granted approval and authorized execution of an Agreement for Legal Services with
the Vose Law Firm LLP to represent the County in Code Compliance lien collection litigation and
direction to deposit a portion of the amounts received by the County as a result of the firm's efforts to
Fund 148-67504 in the amount equal to the amounts paid to the firm.
Q10 Board granted approval of a reduced hourly rate for contracted Administrative Law Judge
(Hearing Officer) Services with the Division of Administrative Hearings reducing the rate from
$155.00 per hour to $150.00 per hour, effective October 1, 2021.
Ql l Board adopted the following Resolution reimbursing the Monroe County Land Authority in
the amount of$190,678.53, for funds it advanced on behalf of the State of Florida,that the County
received from the State of Florida for the state's 50%portion of the final judgment in the matter of
Thomas F. Collins, Donald Davis, et al. v. Monroe County and State of Florida(Circuit Court Case
No. 04-CA-379-M).
RESOLUTION NO.286-2021
Said Resolution is incorporated herein by reference.
Q12 Board granted approval and authorized execution of the 4th Amendment to the Interlocal
Agreement between Monroe County and Miami-Dade County forming the South Florida Workforce
Investment Board.
Q13 Board adopted the following Resolution reimbursing the Monroe County Land Authority in
the amount of$269,684.83, for funds it advanced on behalf of the State of Florida,that the County
received from the State of Florida for the state's 50%portion of the final judgment in the matter of
Galleon Bay v. Monroe County& State of Florida, Case No. CAK-02-595.
RESOLUTION NO. 287-2021
Said Resolution is incorporated herein by reference.
AIRPORTS
Tl Board granted approval and authorized execution of a five-year Signatory Airline
Agreement with Silver Airways LLC.
T2 Board granted approval and authorized execution of a five-year Signatory Airline
Agreement with Allegiant Air LLC.
T4 Board adopted the following Resolution authorizing the Director of Airports to execute
Airports' Federal Aviation Administration and Florida Department of Transportation Grants as
received to meet deadlines for returning the grants to the granting agency and expedite use of the
grant funds. Grants will be ratified by the Board of County Commissioners at the next available
regularly scheduled County Commission meeting.
Page 111 09/15/2021
RESOLUTION NO. 288-2021
Said Resolution is incorporated herein by reference.
PROJECT MANAGEMENT
T5 Board granted approval and authorized execution of the 2nd Amendment to the Contract
Agreement for Engineering Design and Permitting Services for Rowell's Waterfront Park
development with S&ME, Inc., in the not-to-exceed amount of$23,650.00. This project is
funded by the one-cent infrastructure sales tax.
PLANNING AND ENVIRONMENTAL RESOURCES
T6 Board granted approval and authorized execution of the 1st Amendment to the Grant
Agreement between Monroe County and the Florida Department of Environmental Protection
providing $325,000.00 in funding appropriated by the Florida Legislature during the 2020
Legislative Session to assist with Monroe County's Mobile Vessel Pumpout Service, to provide a
three-month extension through September 30, 2021.
SOCIAL SERVICES
T7 Board granted approval and authorized execution of an Employee Interchange Agreement
with the Key West Housing Authority to provide three employees to Poinciana Gardens.
COUNTY ADMINISTRATOR
T8 Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County and Ocean Reef Volunteer Fire Department for the purchase of one Metal Craft
10-meter Interceptor Fireboat, HIN4 QME00952B 121; and adopted the accompanying
Resolution transferring any ownership interest Monroe County has in the Metal Craft 10 meter
Interceptor Fireboat, HIN4 QME00952B 121.
RESOLUTION NO. 289-2021
Said Resolution is incorporated herein by reference.
BUILDING
T9 Board adopted the following Resolution authorizing Unlicensed Contractor Code
Investigator Andres Garcia to issue citations for disposition in County Court.
RESOLUTION NO. 290-2021
Said Resolution is incorporated herein by reference.
PLANNING AND ENVIRONMENTAL RESOURCES
T10 Board granted approval and authorized execution of the 4th Amendment to the Contract
with On The Hook Marine Services LLC for Temporary Mobile Vessel Pumpout Services in the
Page 112 09/15/2021
Upper Keys for an extension of two additional months through November 30, 2021, for a new
total contract value of$174,978.16 (increase of$24,996.88).
T11 Board granted approval and authorized execution of the 3rd Amendment to the Interlocal
Agreement(ILA)between Monroe County and the City of Key West extending the ILA through
December 31, 2021, to ensure continued Mobile Vessel Pumpout Service to anchored vessels in
the Key West and Stock Island Service Areas.
COUNTY ADMINISTRATOR
T12 Board granted approval of the re-appointment of Teri Johnston to the Monroe County
Tourist Development Council, with a term expiring September 14, 2025.
COUNTY ATTORNEY
T13 Board granted approval to advertise a Public Hearing to be held at the October 20, 2021
meeting to consider adoption of an Ordinance amending Monroe County Code Section 22-
127(e), Establishment of Advisory Board, to allow the Duck Key Security District Advisory
Board meetings to be held on an alternative date, other than the first Tuesday of every other
month, as needed.
PROJECT MANAGEMENT
T14 Board granted approval and authorized execution of the 2nd Amendment to Grant
Agreement 20.h.fh.100.005 with the State of Florida, Department of State, Division of Historical
Resources for repair of West Martello Citadel due to damage caused by Hurricane Irma. This
Amendment to the Grant amends the expiration date from October 31, 2021 to February 28,
2022 and adds additional scope.
T15 Board granted approval and authorized execution of the 2nd Amendment to Grant
Agreement 20.h.fh.100.006 with the State of Florida, Department of State, Division of Historical
Resources (DHR) for repair of Pigeon Key Commissary and Honeymoon Cottage due to damage
caused by Hurricane Irma. This amendment to the grant amends the expiration date from
October 31, 2021 to February 28, 2022.
AIRPORTS
T16 Board granted approval to award the Construction Manager at Risk Services (CMAR)to
NV2A Gulf Keystar Joint Venture for the Key West International Airport Concourse A and
Terminal Improvements Program; and granted approval and authorized execution of the CMAR
Pre-Construction Activities (Design) Agreement. The total lump sum compensation for the pre-
construction phase will be subsequently agreed upon in a scope Gross Maximum Price
amendment to be funded by Airport Operating Fund 404; and Florida Department of
Transportation Grant GAKD149.
Motion carried unanimously.
Page 113 09/15/2021
COUNTY LAND ACQUISITION AND LAND MANAGEMENT
G1 Bob Shillinger, County Attorney, addressed the Board concerning approval of the 1st
Amendment to the Interlocal Agreement between Monroe County Land Authority (MCLA) and the
Board of County Commissioners of Monroe County for reimbursement of staff time spent on grant
programs managed by MCLA. After discussion, motion was made by Commissioner Rice and
seconded by Commissioner Martinez granting approval of the item. Motion carried unanimously.
The Board of County Commissioners meeting adjourned for the Board of Governors, Fire
& Ambulance District 1, meeting.
FIRE &AMBULANCE DISTRICT 1
BOARD OF GOVERNORS
The Board of Governors for the Fire & Ambulance District 1 convened. Present and
answering to roll call were Commissioner Craig Cates, Commissioner Eddie Martinez,
Commissioner David Rice, Councilman Greg Lewis, and Mayor Bruce Halle.
Mr. Shillinger addressed the Board. Motion was made by Commissioner Rice and
seconded by Commissioner Martinez that an extraordinary circumstance exists to allow for
Councilman Lewis and Mayer Halle to appear by Zoom. Motion carried unanimously, with the
Commissioners physically present at the meeting.
H1 Motion was made by Commissioner Rice and seconded by Commissioner Martinez granting
approval of a two-year Contract with Professional Emergency Services, Inc., for a Medical Director
of Monroe County Fire Rescue; with an increase from $54,000.00 to $55,000.00 per year for air
ambulance medical direction; the same annual cost of$58,000.00 for ground ambulance medical
direction; and the option to renew for two additional two-year periods at an increase in cost of up to
five percent. This contract is pursuant to the exemption from the competitive bidding process for
professional services under Chapter 4 of the Purchasing Policies and Procedures. Motion carried
unanimously.
The Board of Governors, Fire & Ambulance District 1, adjourned. The Board of County
Commissioners meeting reconvened with all Commissioners present.
MISCELLANEOUS BULK APPROVALS
C2 Kevin Wilson, Assistant County Administrator, addressed the Board concerning approval of
the 4th Amendment to Lease Agreement with Salute Watersports LLC for the Mobile Retail
Merchandise or Service Concession at Higgs Beach for a one-year renewal,with a CPI-U adjustment
of 1.4%. The monthly rent amount will increase to $528.52 per month, commencing on October 16,
2021,plus 7.5 % of the monthly gross taxable sales. Revenue to Monroe County. After discussion,
motion was made by Commissioner Cates and seconded by Commissioner Rice granting approval of
the item. Motion carried unanimously.
C18 Motion was made by Commissioner Cates and seconded by Commissioner Martinez granting
approval of the 1st Change Order to the Contract with Gary's Plumbing and Fire, Inc., in the amount
of$162,400.00, for the installation of the planned fire alarm system for eight of the ten Historic
Page 114 09/15/2021
Buildings on Pigeon Key; to be paid by Tourist Development Council Grant No. 2484. Roll call vote
carried unanimously,with Mayor Coldiron abstaining due to a conflict.
STAFF REPORT
E1 Richard Strickland, Director of Airports, gave a Power Point Presentation update on Key
West International Airport and a Power Point Presentation on Air Passenger Impacts on the traffic
volumes on U.S. Highway 1.
COVID-19
I1 Shannon Weiner, Director of Emergency Management; and Bob Eadie, JD,
Administrator& Health Officer for the Monroe County Health Department, gave a COVID-19
update. Board discussed the Big Pine Key Senior Center. Roman Gastesi, County Administrator;
Mr. Wilson, and Sheryl Graham, Social Services Director, addressed the Board.
BULK APPROVAL
P7 Mr. Shillinger recalled the approval of a$99,796.00 Task Order 910 for CEI services for
Canal 84 restoration under the On-Call Contract with Wood Environment and Infrastructure
Solutions, Inc. for Category B Canal Infrastructure Engineering Services. Mr. Shillinger advised the
Board that the amount in question is $101,376.00 as written in the backup document containing the
task order. Motion was made by Commissioner Rice and seconded by Commissioner Martinez to
correct the AIS to include the correct amount. Motion carried unanimously.
STAFF REPORT
E2 Lisa Tennyson, Legislative Affairs & Grants Acquisition Director, gave a legislative update.
COUNTY ADMINISTRATOR
P2 Mr. Wilson addressed the Board concerning approval of a Resolution authorizing the Mayor
to execute a Ground Lease Agreement with SPGL, LLC,in substantially the form presented, after a
corrected deed from the City of Key West is recorded and all required information is entered into the
lease. The lease allows SPGL, LLC to develop the County property at 250 Trumbo Road, Key West
for affordable workforce housing. The following individuals addressed the Board: Walter Ashton
Galloway Woodward III and Sheriff Richard Ramsay. After discussion, motion was made by
Commissioner Cates and seconded by Commissioner Rice to adopt the following Resolution.
Motion carried unanimously.
RESOLUTION NO. 291-2021
Said Resolution is incorporated herein by reference.
Ms. Tennyson addressed the Board. Motion was made by Commissioner Martinez and
seconded by Commissioner Rice for staff to work in parallel to request a legislative ROGO
exemption and to work cooperatively with the City of Key West for their affordable allocations.
Motion carried unanimously.
Page 115 09/15/2021
COUNTY ADMINISTRATOR
P14 Bryan Palacio, Regional Representative, Office of Communications and Public Engagement
for the South Florida Water Management District addressed the Board. Mr. Gastesi addressed the
Board.
STAFF REPORTS
E3 Mr. Wilson gave an update on Parks and Beaches; potential uses of the old Plantation
Key Courthouse; and the Duck Key Bridges.
E4 Ms. Graham gave an update on the Bayshore Manor residents move to Poinciana
Gardens.
COUNTY ADMINISTRATOR
P3 Mr. Wilson gave a Power Point Presentation concerning the direction on future restrictions
on the use of the Bay Harbor right of way (ROW). Mr. Shillinger addressed the Board. The
following individuals addressed the Board: Mark Faulstich, Richard Brindle, Reuven Benami, Diane
Viana, Deborah Owens, Steven Burnett, Julie Ann Meyeringh, Chris Burns, Michele Buono, and
Valerie Poulos. After discussion, motion was made by Commissioner Rice and seconded by
Commissioner Martinez to open the Bay Harbor ROW Tuesday, Wednesday and Thursday sunup to
sundown. Motion carried unanimously.
Mr. Gastesi addressed the Board concerning the Parks & Recreation Director.
P15 Stacy Miller, District Six Secretary,Florida Department of Transportation addressed the
Board.
COMMISSIONER'S ITEMS
N1 Motion was made by Commissioner Rice and seconded by Commissioner Martinez to adopt
the following Resolution in support of Traffic Flow Improvement Projects that would alleviate
congestion on U.S. 1 and assist in improving the Level of Service on U.S. 1.
RESOLUTION NO. 292-2021
Said Resolution is incorporated herein by reference.
ASSISTANT COUNTY ADMINISTRATOR
T3 Mr. Wilson and Mr. Shillinger addressed the Board concerning approval for the Mayor to
sign and send a letter to the Florida Department of Transportation requesting the transfer of a
parcel of land on Big Pine Key. After discussion, motion was made by Commissioner Cates and
seconded by Commissioner Rice granting approval of the item. Motion carried unanimously.
Page 116 09/15/2021
COUNTY ADMINISTRATOR
P3 Mr. Shillinger recalled the discussion and direction on future restrictions on the use of the
Bay Harbor right of way. Mr. Wilson addressed the Board. After discussion,motion was made by
Commissioner Rice and seconded by Commissioner Cates to reinstate rules of conduct as stated in
Resolution No. 165-2011. Motion carried unanimously.
PUBLIC HEARINGS
RI A Public Hearing was held to consider approval of a Resolution approving a special permit
allowing a temporary construction staging area at property located at 700 Grouper Lane, Key Largo
(property identification number 00483470-000000),in connection with a canal restoration project
(Canal No. 84). Mike Roberts, Assistant Director, Environmental Resources,gave a Power Point
Presentation. There was no public input. Motion was made by Commissioner Rice and seconded by
Commissioner Martinez to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 292A-2021
Said Resolution is incorporated herein by reference.
R2 A Public Hearing was held to consider approval of a Resolution approving a special permit
allowing a temporary construction staging area at property located at 726 Grouper Lane, Key Largo
(currently having property identification number 00483560-000000),in connection with a canal
restoration project(Canal No. 84). There was no public input. Motion was made by Commissioner
Cates and seconded by Commissioner Martinez granting approval of the item. Motion carried
unanimously.
RESOLUTION NO. 292B-2021
Said Resolution is incorporated herein by reference.
R3 A Public Hearing was held to consider adoption of an Ordinance by the Monroe County
Board of County Commissioners amending Monroe County Land Development Code ("LDC")
Chapter 114, Article I, Section 114-2 ("Level of Service Standards")to Update Stormwater Quality
Performance Standards; LDC Section 114-3 ("Surface Water Management Criteria")to Require Net
Improvement in Stormwater Quality While Providing Flexibility in Achieving Stormwater Quality
Standards and Providing Updates to the Stormwater Manual and Layman's Brochure to Incorporate
New Approaches for Managing Stormwater; LDC Section 114-13 ("Fences")to Complement the
Clarity of Existing/Pre-Existing Legislative and Regulatory Intent and Providing Criteria for
Retaining Walls; Chapter 114, Article IV ("Landscaping")to Complement the Clarity of
Existing/Pre-Existing Legislative and Regulatory Intent and Providing for Updated Species Lists;
LDC Section 114-163 ("Waterfront Lighting")to Complement the Clarity of Existing/Pre-Existing
Legislative and Regulatory Intent; and LDC Section 114-164 ("Nonconforming Lighting")
Complement the Clarity of Existing/Pre-Existing Legislative and Regulatory Intent. Mr. Roberts
gave a Power Point Presentation. There was no public input. Motion was made by Commissioner
Rice and seconded by Commissioner Martinez to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 024-2021
Said Ordinance is incorporated herein by reference.
Page 117 09/15/2021
R4 A Public Hearing was held to consider an Ordinance of the Monroe County Board of County
Commissioners amending Monroe County Land Development Code Chapter 118 to eliminate
redundant or obsolete code text,to enhance the clarity of existing/pre-existing legislative/regulatory
intent, and to update Monroe County's species lists. Mr. Roberts gave a Power Point Presentation.
Emily Schemper, Sr. Director Planning& Environmental Resources, addressed the Board. There
was no public input. After discussion, motion was made by Commissioner Rice and seconded by
Commissioner Martinez to adopt the following Ordinance and to include staff requested changes to
the proposed Ordinance, as follows:
Page 6, Section 118-9. Clearing Allowances
Vesting provisions. Applications for building permits received prior to January 13, 2013, and any
building permits issued or to be issued pursuant to an active conditional use permit development
order approved prior to January 13, 2013, shall be permitted to use the clearing allowances in
effect at the time of building permit application or approved in the conditional use permit.
Redevelopment of a site where clearing of native upland vegetation communities was authorized
in excess of standards of 118-9(b) this section shall be limited to the approved clearing footprint
of the previously issued building permit. Any revisions to the extent of clearing approved by the
building permits or conditional use permits referenced above shall be required to comply with
the clearing limits currently in effect.
Page 7, Section 118-10. Environmental Design for Specific Habitat Types.
(e)(1) Generally. Only docks and docking facilities, boat ramps, walkways, water access
walkways, water observation platforms, boat shelters, nonenclosed gazebos, riprap, seawalls,
bulkheads, pile suported automobile or pedestrian access to lawfully established dwelling units
located on upland areas (as provided in Comprehensive Plan Policy 204.2.41 and utility pilings
shall be permitted on or over mangroves, wetlands, and submerged lands, subject to the specific
restrictions of this subsection. Trimming and/or removal of mangroves shall meet Florida
Department of Environmental Protection requirements.
Page 12, Section 118-12. Shoreline Setback.
(k)(2) Existing grade landward of the bulkhead shall be at least six inches lower than the top of
the bulkhead.
Page 14, Section 118-12. Shoreline Setback.
(m)(6)a. All pilings associated with the construction of any dock shall be non-CCA-
leaching (recycled plastic, concrete, gr-eenhea ) or be wrapped with impermeable plastic or PVC
sleeves. Impermeable plastic or PVC sleeves shall have a minimum of 30 millimeter thickness
and shall extend from at least 6 inches below the level of the substrate to at least 2 feet above the
mean high water line.
Motion carried unanimously.
Page 118 09/15/2021
ORDINANCE NO. 025-2021
Said Ordinance is incorporated herein by reference.
CLOSED SESSIONS
Ll Mr. Shillinger requested that the Attorney-Client Closed Session in the matter of Roy's
Trailer Park, Inc., d1b/a Island Life Village v. Eric Noel, Marie Noel, and Monroe County, Case No.
19-CA-175-K be continued to the next Board meeting. Motion was made by Commissioner Cates
and seconded by Commissioner Martinez to continue the item to the October 20, 2021, meeting in
Marathon. Motion carried unanimously.
L2 Mr. Shillinger announced the Attorney-Client Closed Session in the matter of Izbell
Arriola v. Monroe County, U.S. District Court for Southern District ofFlorida Case No. 21-CV-
10076-RKA and read the required language into the record pursuant to F.S.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,
Assistant County Attorney Cynthia Hall and a certified court reporter.
Mayor Coldiron declared the open session of the meeting closed. After the closed session,the
meeting was re-opened.
There being no further business, the meeting of the Board of County Commissioners was
adjourned.
Kevin Madok, CPA
Clerk and ex-officio Clerk to the
Board of County Commissioners
Monroe County, Florida
J ameea C;.MAnce,&, IO.C.
Page 119 09/15/2021