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02/16/2022 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, February 16, 2022 Key West, Florida& Via Communication Media Technology A regular meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. at the Harvey Government Center and via Communication Media Technology. Present and answering to roll call were Commissioner Craig Cates, Commissioner Michelle Coldiron, Commissioner Holly Raschein and Mayor David Rice. The District 3 seat is vacant. 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 & DELETIONS Al Motion was made by Commissioner Coldiron and seconded by Commissioner Raschein granting approval of the Additions, Corrections & Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS B 1 Presentation to Tom Hambright, Monroe County Public Library System's Lead Archivist and acclaimed local Historian, upon his retirement and bestowing upon him the honorary title of Historian Emeritus for the Florida History Department. B2 Presentation of Employee of the Year to Julie Cuneo, of the Office of Management& Budget, Purchasing, Grants Administration. BULK APPROVALS Motion was made by Commissioner Coldiron and seconded by Commissioner Raschein granting approval of the following items by unanimous consent: C1 Board granted approval of the termination of the Temporary Non-Exclusive Storage License Agreement with Conch Tree & Landscape Professionals, Inc. at Rowell's property with a retro-active date of July 1, 2021. C2 Board granted approval and authorized execution of the clarification to the Memorandum of Understanding with International Association of Firefighters Local 3909, Unit 1 and Unit 2, to provide additional detail to a section in the current Collective Bargaining Agreement: 1) Flight Page 11 02/16/2022 Nurse hourly rate with respect to calculation of regular pay and overtime pay as related to the 2,496-hour planned annual work schedule. C4 Board granted approval to purchase additional equipment and technologies from EnvisionWare, Inc. to expand the existing library circulation services to all library branches and additional sites as determined. This item approves the purchase of self-checkout equipment, printing, self-pay station, PC reservations capabilities, and tablet stations in the amount of $119,190.94. Funding is from the $975,469.00 grant from the State Library and includes $493,356.00 for the purchase of EnvisionWare, Inc. equipment and technologies that will be purchased in phases over the next three to four months. C6 Board granted approval to advertise a Request for Proposals for Construction Auditing Services. The purpose is to provide contract and pay application auditing for complex and costly projects. The auditing costs will be included in the associated project. C7 Board granted approval and authorized execution of the 7th Amendment to the Contract with WSP USA, Inc. for Engineering Design and Permitting Services for the Sea Level Rise Pilot- Twin Lakes Subdivision (Key Largo)Project to include the hydrology and hydraulics study required by the Hazard Mitigation Grant Program. This amendment, in the maximum not to exceed amount of$15,081.57, will not increase the overall total contract amount due to balances remaining in other tasks that can be utilized. C8 Board adopted the following Resolution authorizing Brandon T. Evans to act as an authorized agent of Animal Control to enforce Chapter 4, Monroe County Code, and Chapter 828, Florida Statutes, to issue citations for violation of the Monroe County Code, and/or attend Court. RESOLUTION NO. 041-2022 Said Resolution is incorporated herein by reference. C9 Board adopted the following Resolution for a Florida Department of Transportation Maintenance Memorandum of Agreement for the Florida Keys Overseas Heritage Trail Connection at Cudjoe Gardens Project, for the County to provide maintenance of the shared use path upon completion of construction. RESOLUTION NO. 042-2022 Said Resolution is incorporated herein by reference. C10 Board granted approval to purchase four Ford F-150 Crew Cab 4WD XL 5.5' Bed 145" WB from Alan Jay Fleet Sales, in the amount of$31,604.00 each, $126,416.00 total, by Piggybacking SourceWell Contract No. 2021 120716-NAF & 060920-NAF for the Monroe County Building Department. These purchases are in the approved budget for the department. C11 Board granted approval to award bid and authorized execution of a Contract between Monroe County and Dion Fuels, LLC for fuel delivery. Page 12 02/16/2022 C 12 Board granted approval and authorized execution of an Agreement with Overdrive, Inc. for the Monroe County Public Library System to access and use their digital media platform to provide access to eContent purchased through and licensed by Overdrive, Inc. The agreement is for two years, at a cost of$12,000.00 per year, with $6,000.00 of material purchase credit. And granted approval to expend up to $220,000.00 in library funds for the purchase of eContent lending materials from Overdrive, Inc.; and granted approval of delegation of the purchasing authority to Kimberly Matthews to sign individual invoices for the library's digital material collection, the cumulative value of which will not exceed $220,000.00. This cost is already budgeted in the library's materials cost centers. C13 Board granted approval of the Issuance (renewal) of a Class A Certificate of Public Convenience and Necessity to Monroe County Fire Rescue for the operation of an ALS Transport Ambulance Service for the period April 1, 2022, through March 31, 2024. C14 Board granted approval and authorized execution of the 5th 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 first of three optional three-year renewals; and the annual adjustment of 3%, retro-active to February 1, 2022. Annual cost of the lease is $173,304.48 and is paid from ad valorem funds. C15 Board granted approval to purchase eleven portable radios and accessories from Motorola Solutions, in the amount of$66,197.14, utilizing funds from the Urban Areas Security Initiative Grant. The portable radios are needed for communication purposes in critical and potentially life- threatening situations. C16 Board granted approval to award seventeen surplus vehicles to the highest bidder as set forth in the Budget and Finance Purchasing Department Tabulation Sheet and granted authorization to dispose of the surplus vehicles to the next highest bidder, if necessary, until items are disposed. Said tabulation is incorporated herein by reference. C18 Board granted approval and authorized execution of a one-month extension to the existing Employment Agreement with Nina Burgess, for Fire Rescue EMS Billing Specialist position, to commence on February 19, 2022, and terminate on March 18, 2022. The extension will provide for continued internal discussions regarding renewal term and conditions for the subsequent contract term. C19 Board granted approval and authorized execution of an annual Lease Agreement with the Monroe County Sheriff's Office, to provide 320 square feet of office space, at the Murray E. Nelson Government and Cultural Center in Key Largo, Florida. C20 Board granted approval and authorized execution of the 3rd Amendment to Agreement with S&ME, Inc. for design of a scenic overlook at the Big Pine Swimming Hole, in the amount of$20,500.00, for revised design drawings brought on by project delays. This amendment is funded by the Infrastructure Sales Tax. Page 13 02/16/2022 C21 Board granted approval and authorized execution of the 2nd Addendum to Lease Agreement between Monroe County and Florida Keys Children's Shelter, Inc. to transfer ownership and the maintenance responsibilities of the water tank,pump, and pump housing structure located in a hardwood hammocks area adjacent to the property leased to the Children's Shelter regarding infrastructure on the property. C22 Board adopted the following Resolution for a Bill of Sale and Covenant between Monroe County and the Florida Department of Transportation for the County's acceptance of a Historic Flagler Railroad Mile Marker. This marker will be moved to the new Big Pine Swimming Hole Park for display to the public. RESOLUTION NO. 043-2022 Said Resolution is incorporated herein by reference. C23 Board accept the report of monthly Change Orders for the month of January 2022, reviewed by the County Administrator/Assistant County Administrator. Said report is incorporated herein by reference. C24 Board granted approval of the ratification of Application, and granted approval and authorized execution of Grant Agreement No. G0365 with the State of Florida, Division of Emergency Management, concerning an Emergency Management Performance Grant-American Rescue Plan Competitive Grant Program, in the amount of$50,000.00, with dollar-for-dollar county match required; and granted authorization for the County Administrator, or his designee, to execute any other required documentation in relation to the grant. C25 Board adopted the following Resolutions concerning the Transfer of Funds and for the Receipt of Unanticipated Revenue: Transfer of Funds (OMB Schedule Item No. 1). RESOLUTION NO. 044-2022 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 045-2022 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Revenue (OMB Schedule Item No. 3). RESOLUTION NO. 046-2022 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Revenue (OMB Schedule Item No. 4). RESOLUTION NO. 047-2022 Said Resolution is incorporated herein by reference. Page 14 02/16/2022 Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO. 048-2022 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Revenue (OMB Schedule Item No. 6). RESOLUTION NO. 049-2022 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 7). RESOLUTION NO. 050-2022 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Revenue (OMB Schedule Item No. 8). RESOLUTION NO. 051-2022 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Revenue (OMB Schedule Item No. 9). RESOLUTION NO. 052-2022 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Revenue (OMB Schedule Item No. 10). RESOLUTION NO. 053-2022 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Revenue (OMB Schedule Item No. 11). RESOLUTION NO. 054-2022 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Revenue (OMB Schedule Item No. 12). RESOLUTION NO. 055-2022 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Revenue (OMB Schedule Item No. 13). RESOLUTION NO. 056-2022 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Revenue (OMB Schedule Item No. 14). RESOLUTION NO. 057-2022 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Revenue (OMB Schedule Item No. 15). RESOLUTION NO. 058-2022 Said Resolution is incorporated herein by reference. Page 5 02/16/2022 Receipt of Unanticipated Revenue (OMB Schedule Item No. 16). RESOLUTION NO. 059-2022 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 060-2022 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Revenue (OMB Schedule Item No. 18). RESOLUTION NO. 061-2022 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 19). RESOLUTION NO. 062-2022 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Revenue (OMB Schedule Item No. 20). RESOLUTION NO. 063-2022 Said Resolution is incorporated herein by reference. C26 Board granted approval and authorized execution of the 2nd Change Order with Coral Construction Company for construction of the Lower Keys Scenic Viewing Area and Nature Center(Big Pine Swimming Hole)Project, in the amount of$427,454.46. This change order is a result of architectural plan revisions as required by the Monroe County Building Department during permitting. C27 Board granted approval and authorized execution of an Agreement for On Call Professional Engineering Services with CSA Central, Inc. for a period of four years with an option to renew for one additional year. CSA Central, Inc. was one of the top six ranked respondents to the solicitation. C29 Board granted approval and authorized execution of an Agreement for On Call Professional Engineering Services with HDR Engineering, Inc. for a period of four years with an option to renew for one additional year. HDR Engineering, Inc. was one of the top six ranked respondents to the solicitation. C30 Board granted approval and authorized execution of an Agreement for On Call Professional Engineering Services with KCI Technologies, Inc. for a period of four years with an option to renew for one additional year. KCI Technologies, Inc. was one of the top six ranked respondents to the solicitation. C31 Board granted approval and authorized execution of an Agreement for On Call Professional Engineering Services with Kimley-Horn & Associates, Inc. for a period of four years with an option to renew for one additional year. Kimley-Horn & Associates, Inc. was one of the top six ranked respondents to the solicitation. Page 16 02/16/2022 C32 Board granted approval and authorized execution of an Agreement for On Call Professional Engineering Services with Kisinger, Campo & Associates, Corp. for a period of four years with an option to renew for one additional year. Kisinger, Campo & Associates, Corp. was one of the top six ranked respondents to the solicitation. C33 Board granted approval and authorized execution of an Agreement for On Call Professional Engineering Services with WSP USA, Inc. for a period of four years with an option to renew for one additional year. WSP USA, Inc. was one of the top six ranked respondents to the solicitation. C34 Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the City of Key West to increase bike and pedestrian amenities on certain County property along the U.S. 1 corridor as part of a Final Mile Florida Department of Transportation Grant, of$510,000.00, awarded to Key West. Twelve of the selected locations are owned by Monroe County. Only minimal costs to the County for future maintenance of bike fix- it stations. C35 Board granted approval and authorized execution of the lst Amendment to Agreement with Tropical Bay Property Owners Association, Inc. for payment of annual fees, increasing from $125.00 per lot to $150.00 per lot, retro-active to January 1, 2020, for maintenance costs related to County owned lots in the subdivision and to clarify that these costs are subject to periodic increases. HURRICANE IRMA RECOVERY D1 Board granted approval and authorized execution of the 3rd 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 February 28, 2022, to June 30, 2022. D2 Board granted approval and authorized execution of the 3rd Amendment to Grant Agreement 20.h.fh.100.006 with the State of Florida, Department of State, Division of Historical Resources 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 February 28, 2022, to June 30, 2022. TOURIST DEVELOPMENT COUNCIL El Board granted approval and authorized execution of a thirty-six-month extension to the Agreement with AT&T to provide long distance telephone services for the Tourist Development Council (TDC) Administrative Office and visitor information lines (1-800 visitor services lines for Chamber of Commerce's); and to provide authorization for TDC Marketing Director to sign the extension. E2 Board granted approval to advertise a Request for Applications for Fiscal Year 2023 Destination and Turnkey Event Funding. Page 17 02/16/2022 E3 Board granted approval to advertise a Request for Applications for Fiscal Year 2023 Capital Project Funding Applications. E4 Board granted approval of the Fiscal Year 2023 Fishing Event Funding Application. E5 Board granted approval and authorized execution of the 3rd Amendment to extend Agreement with Miami-Dade Historical Maritime Museum, Inc. for the USCGC Ingham Repair and Restore Hull Project to March 31, 2022. E6 Board adopted the following Resolution to authorize the payment of expenses and invoices related to trade shows as set forth in the approved Monroe County Tourist Development 2021-2022 Marketing Plan; and granted approval to provide additional advance registration, booth related expenses and travel related expenses for trade shows for Fiscal Year 2023 to be paid from Tourist Development Council funds in Fiscal Year 2022. RESOLUTION NO. 064-2022 Said Resolution is incorporated herein by reference. E7 Board granted approval to rescind Agreement with Rotary Club of Key Largo Charitable Events, Inc., for the Key Largo Brew on the Bay Event, at the request of the grantee due to event being cancelled. E8 Board granted approval of Mary Beth Harris as the "At Large" appointment to the Tourist Development Council District IV Advisory Committee. AIRPORTS K1 Board granted approval to advertise a Request for Proposals for Key West Noise Insulation Program Construction Project at Key West by the Sea Final Phase consisting of twenty-five units. To be paid by future anticipated Federal Aviation Administration Grant(90%); and Passenger Facility Charge No. 17 (10%). K2 Board granted approval to advertise a Request for Proposals for Rental Car Concessions at Key West International Airport to include ticket counters, ready/return parking spaces and car prep/car service areas. Rent, plus commission based on gross revenues, will be paid to the airport monthly. K3 Board ratified and granted approval of CARES Act Airport Grant Agreement Development Addendum No. 3-12-0037-070-2022, from the United States of America, acting through the Federal Aviation Administration, as executed by the Director of Airports,providing $4,789,697.00 in funding for the Apron Overflow Parking Project at the Key West International Airport. No match is required for this grant. K4 Board ratified and granted approval of the 1st Amendment to State of Florida, Department of Transportation, Public Transportation Grant Agreement No. GI V31, as executed by the Page 18 02/16/2022 Director of Airports,providing an additional $675,000.00 in funding for Essential Airport Equipment for Key West International Airport; requires a 50% match from Airport Operating Fund 404. K5 Board granted approval to award bid and authorized execution of a Rental Car Concession Agreement with Avis Budget Car Rental, LLC at Florida Keys Marathon International Airport. K6 Board granted approval to award bid and authorized execution of a Rental Car Concession Agreement with KWJA, Inc. d/b/a Key West Adventures at Florida Keys Marathon International Airport. K7 Board granted approval to award bid and authorized execution of a Rental Car Concession with Enterprise Leasing Company of Florida, LLC d/b/a Enterprise Rent-A-Car at Florida Keys Marathon International Airport. K8 Board granted approval to include the fee summary sheet as an attachment to Jacobs Project Management Co.'s PSO 12/15-E3, that was approved at the BOCC meeting on January 21, 2022. The PSO is for design and bid phase for a new Chiller System for the main terminal of Florida Keys Marathon International Airport. The PSO is $53,767.00 and is being funded by Florida Department of Transportation Grant No. GIP52 (80%); and Airport Operating Fund 403 (20%). K9 Board accepted the report of Airport Change Orders for the month of January 2022, reviewed by the County Administrator/Assistant County Administrator. Said report is incorporated herein by reference. K10 Board ratified and granted approval of State of Florida, Department of Transportation, Public Transportation Grant Agreement No. G2555, as executed by the Director of Airports, providing $375,000.00 in funding for Key West International Airport Terminal Improvements; requires an equal match from Key West Airport Fund 404. K11 Board granted approval and authorized execution of a Master Agreement for Professional Services with Newton & Associates, Inc. for Financial Consulting Services for both Monroe County Airports. K12 Board granted approval and authorized execution of a Master Agreement for Professional Services with Ricondo & Associates, Inc. for Financial Consulting Services for both Monroe County Airports. K13 Board granted approval and authorized execution of a Master Agreement for Professional Services with Jacobs Project Management Co. for General Consulting Services for both Monroe County Airports. Page 19 02/16/2022 K14 Board granted approval and authorized execution of a Master Agreement for Professional Services with McFarland Johnson, Inc. for General Consulting Services for both Monroe County Airports. K15 Board granted approval to award bid and authorized execution of a Contract with Charley Toppino & Sons, Inc., in the amount of$5,416,177.15, for the Aircraft Overflow Apron and Mitigation Project at Key West International Airport; to be funded with Federal Aviation Administration CARES Act Grant No. 37-70; Florida Department of Transportation Grant No. GIQ91; and Key West Airport Fund 404. K16 Board granted approval and authorized execution of Jacobs Project Management Task Order No. 12/15-D9, in the amount of$714,935.00, for Construction Support and Resident Project Representative Services during the Aircraft Overflow Apron Construction Project at Key West International Airport. The task order is being funded by Florida Department of Transportation Grant No. GIQ91 (50%); and Key West Airport Fund 404 (50%). PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS L1 Board adopted the following Resolution accepting and approving the 3rd Supplemental Amendment to Joint Participation Agreement No. GIA71 with the Florida Department of Transportation, adding $300,000.00, and a time extension to June 30, 2024, for Monroe County's Transportation Planning Program; funded by Florida Department of Transportation in the amount of$262,500.00 (87.5%); the County's share is $37,500.00 (12.5%). RESOLUTION NO. 065-2022 Said Resolution is incorporated herein by reference. L2 Board granted approval to rescind prior Board approval, made pursuant to Item T6 on the Board's September 15, 2021, meeting agenda, the 1st Amendment to the Grant Agreement between Monroe County and the Florida Department of Environmental Protection, to reimburse Monroe County for the County's Mobile Vessel Pumpout Service(s)provided between July 1, 2021, to September 30, 2021. The amendment never took legal effect and was ultimately rendered a legal nullity as a result of the state's decision never to reciprocally issue its timely approval/execution of the same. L3 Board granted approval to reappoint Mr. Frank Herrada, CAC1817003, to one additional three-year term on the Contractors Examining Board, beginning March 23, 2022. L4 Board adopted the following Resolution setting the time, date, and place for a Public Hearing to consider a request for a Resolution renouncing and disclaiming any right of Monroe County and the public in and to a portion of the public right-of-way of Kay Drive, Key Largo, Monroe County, Florida, as shown on the plat of Key Largo Trailer Village, Plat Book 5, Page Page 110 02/16/2022 43 and the plat of Key Largo Trailer Village First Addition, Plat Book 5, Page 55. RESOLUTION NO. 066-2022 Said Resolution is incorporated herein by reference. COMMISSIONER'S ITEMS N1 Board granted approval of Mayor Rice's reappointment of Sandra Higgs to the Sheriff's Shared Asset Fine & Forfeiture Advisory Board, with a term expiration of February 16, 2024. N2 Board granted approval of Mayor Rice's appointment of Beth Ramsay-Vickrey, as the District 4 representative, to the Library Advisory Board. This is a new four-year full-term appointment, to fill a vacancy, with a term expiration of February 16, 2026. N3 Board granted approval of Mayor Rice's reappointment of Tim Root to the Tourist Development Council, as the Elected Municipal Official, with a term expiration of February 16, 2026. COUNTY CLERK 01 Board granted approval of the minutes from the regular meeting of October 20, 2021. Said minutes are incorporated herein by reference. 02 Board granted approval to dispose of records that have met the appropriate retention period. 03 Board granted approval of Tourist Development Council expenses for the month of January 2022, as follows: Vendor Amount Advertising $3,883,947.14 Bricks & Mortar Projects $97,256.85 Events $376,227.56 Office Supplies & Operating Costs $70,559.34 Personnel Services $504,534.43 Public Relations $322,992; 16 Sales & Marketing $287,773.65 Telephone &Utilities $9,419.15 Travel $2,940.06 Visitor Information Services $35,637.75 04 Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. Page 111 02/16/2022 05 Board granted approval of BOCC Warrants 10098401-10099812 (AP); 27907-27978 (WC); 50005403 (PR CHECKS); one check and other payroll direct deposited to employee's bank accounts for the month of January 2022, as follows: Fund Fund Title Amount 001 General Fund $6,311,250.12 101 Fine & Forfeiture $10,761,925.31 102 Road/Bridges $1,232,569.01 104 Middle Keys Health Care MSTU $9,561.03 115 Tourist Development Council-Two Penn $475,939.68 116 TDC - Admin Promo 2 Cent $1,039,135.25 117 TDC - District 1 Third Cent $501,292.91 118 TDC - District 2 Third Cent $160,782.18 119 TDC - District 3 Third Cent $376,023.36 120 TDC - District 4 Third Cent $217,021.67 121 TDC - District 5 Third Cent $319,100.59 125 Grant Fund $717,069.31 141 Fire/Ambulance $930,385.09 147 Unincorporated Service $178,173.03 148 Planning Building $529,951.23 149 Municipal Policing $1,347,899.44 150 E911 Enhancement Fund $83,960.89 152 Duck Key Security $8,062.99 153 Local Housing Assistance $77,938.17 157 Boating Improvement Fund $24,195.55 158 Miscellaneous Special Revenue Fund $79,850.61 160 Environmental Restoration $18,117.98 162 Law Enforcement Trust-600 $5,500.00 163 Court Facilities $23,994.76 177 Canal 4266 MSBU $1,500.00 180 Building Funds $362,356.69 304 1 Cent Infrastructure $503,241.26 312 Cudjoe Regional WW Project $7,592.68 314 Series 2014 Revenue Bonds $428,735.21 316 Land Acquisition $34,940.00 401 Card Sound Bride $23,769.41 403 Marathon Airport $370,258.99 404 Key West Intl Airport $1,302,785.32 406 PFC & Operating Restrictions $710,330.93 414 MSD Solid Waste $1,672,708.25 501 Workers' Compensation $124,818.25 502 Group Insurance Fund $3,589,286.81 503 Risk Management Fund $51,135.36 504 1 Fleet Management Fund $239,060.44 610 1 Fire/EMS LOSAP Trust Fund $5,040.00 Page 12 02/16/2022 COUNTY ADMINISTRATOR P1 Board accepted the County Administrator's monthly activity report for February 2022. Said report is incorporated herein by reference. P2 Board granted approval and authorized execution of Revenue Grant No. IR036 to repair the Rock Harbor Jetty in Key Largo, in the amount of$1,353,986.00, utilizing funding from the Florida Department of Economic Opportunity funded through the Federal Housing and Urban Development Agency. P3 Board granted approval and authorized execution of Revenue Grant No. IR045 to repair the Tavernier Breakwater, in the amount of$2,194,599.00, utilizing Community Development Block Grant- Mitigation funding from the Florida Department of Economic Opportunity funded through the Federal Housing and Urban Development Agency. P4 Board granted approval and authorized execution of the 14th Task Order, in the amount of $100,000.00, for Design, Permitting and Procurement Services for Canal 278 Injection Well in Big Pine Key; and Canal 58 Injection Well in Key Largo under the On-Call Contract with Wood Environment and Infrastructure Solutions, Inc., for Category B Canal Infrastructure Engineering Services; funded by Department of Environmental Protection Grant No. SD013. P5 Board granted approval and authorized execution of a $0 Contract with Wood Environment& Infrastructure Solutions, Inc., for On-Call Professional Engineering Services for the Canal Restoration Program, for the Category B —Canal Infrastructure Engineering Services. P6 Board granted approval to advertise a Request for Proposals for the construction of Canal 25, for a backfill restoration in Key Largo; funded by the Department of Environmental Protection Stewardship Grant No. LPA0249. P7 Board granted approval to advertise a Request for Proposals for Canal 28 Backfill Restoration in Key Largo, estimated at$2.1 million, funded by Stewardship Grant No. LPA0241. P8 Board granted approval and authorized execution of the 3rd Amendment to Contract with Erin L. Deady, P.A., in the amount of$2,500.00, for an updated vulnerability assessment, to provide a Phase 2 updated Grant Application for the Vulnerability Assessment Application under the Resilient Florida Program, and an extension of time from March 31, 2022, to May 30, 2022. COUNTY ATTORNEY Q3 Board granted approval to reimburse Florida Keys Aqueduct Authority, in the amount of $130,145.13, for 50% of the legal expenses generated by Lewis, Longman, and Walker, P.A. for the administrative challenge to the Turkey Point National Pollution Discharge Environmental Permit. Q4 Board granted approval to advertise a Request for Proposals for Airport Owners and Operators Liability Insurance Policy. Page 113 02/16/2022 Q5 Board granted approval to advertise a Request for Proposals for Airport Public Officials Liability Insurance. Q6 Board granted authorization to initiate litigation against Hugo Ramirez, Katiana Ramirez & Carlos Manuel Fleites and their property, 441 Big Pine Road, Key Largo, Florida, to seek compliance with the County Code and enforce the lien(s) arising from Code Compliance Case No. CE18030114. Q7 Board adopted the following Resolution requesting the Supervisor of Elections hold a special election on June 28, 2022, as directed by the Monroe County School Board in a forthcoming Resolution, for the qualified electors of Monroe County to vote on the School Board's referendum questions regarding flexible funding and school security. RESOLUTION NO. 067-2022 Said Resolution is incorporated herein by reference. OFFICE OF MANAGEMENT &BUDGET T3 Board granted approval and authorized execution of the 13th Addendum to the Agreement with Buccaneer Courier amending the agreement to remove Bayshore Manor, 5200 College Road, Key West, FL 33040, Stop 49. COUNTY ATTORNEY T4 Board granted approval of the Settlement Agreement in Monroe County v. Jerome and Eleanor Knight, Case No. 20-CA-659-K, and granted authorization for the County Attorney's Office to execute the Settlement Agreement documents. AIRPORTS T5 Board ratified and granted approval of the 1st Amendment to State of Florida, Department of Transportation (FDOT), Public Transportation Grant Agreement No. G1 V30, as executed by the Director of Airports,providing $880,000.00 in funding for Environmental Assessment Projects at the Florida Keys Marathon International Airport, to be funded by FDOT (80%); and Marathon Airport Fund 403 (20%). T6 Board ratified and granted approval of the 1st Amendment to State of Florida, Department of Transportation, Public Transportation Grant Agreement No. G1P33, as executed by the Director of Airports,providing $150,000.00 in funding for Key West International Airport Building and Security Improvements; requires $150,000.00 grant match from Key West Airport Fund 404. T7 Board granted approval to add one new full time equivalent position of Executive Assistant to the Director of Airports, Pay Grade 311 in the Fiscal Year 2022 budget, for Key West International Airport. Page 114 02/16/2022 T8 Board ratified and granted approval of the lst Amendment to State of Florida, Department of Transportation (FDOT), Public Transportation Grant Agreement No. GI Q05, as executed by the Director of Airports,providing funding in the amount of$75,000.00 for Planning Studies at Florida Keys Marathon International Airport, to be funded by FDOT (80%); and Marathon Airport Fund 403 (20%). ENGINEERING T9 Board granted approval to advertise a Public Hearing for the road dedication of Calle Tres on Rockland Key to Monroe County, as required by the Development Agreement with Quarry Partners, LLC for the development of workforce housing on Big Coppitt Key. COUNTY ADMINISTRATOR T10 Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and Ocean Reef Volunteer Fire Department to set forth the terms and conditions under which they will purchase a 2023 Freightliner M2 standard cab with a custom AEV Type 1 Ambulance. COUNTY ATTORNEY TI 1 Board granted approval and authorized execution of an Agreement for Professional Services between Ada Mayte Santamaria and Monroe County to provide assistance to the County as agreed to by both parties for any and all matters so requested by the County. Motion carried unanimously. COUNTY LAND ACQUISITION AND LAND MANAGEMENT Christine Hurley, Land Authority Executive Director, addressed the Board concerning the following four items (H1 to H4). After discussion, motion was made by Commissioner Coldiron and seconded by Commissioner Cates granting approval of the following four items: H1 Resolution granting approval of a Purchase Agreement of property funded by the Community Development Block Grant-Disaster Recovery Voluntary Home Buyout Program, in the amount of $830,000.00, execution of a restrictive covenant running with the land, and moving one Market Rate - Rate of Growth Ordinance Exemption from the acquired property to the Administrative Relief Pool for market rate allocation(s). RESOLUTION NO. 068-2022 Said Resolution is incorporated herein by reference. H2 Resolution granting approval of a Purchase Agreement of property funded by the Community Development Block Grant-Disaster Recovery Voluntary Home Buyout Program, in the amount of $500,000.00, execution of a restrictive covenant running with the land, and moving one Market Rate Page 115 02/16/2022 - Rate of Growth Ordinance Exemption from the acquired property to the Administrative Relief Pool for market rate allocation(s). RESOLUTION NO. 069-2022 Said Resolution is incorporated herein by reference. H3 Resolution granting approval of a Purchase Agreement of property funded by the Community Development Block Grant-Disaster Recovery Voluntary Home Buyout Program, in the amount of $645,000.00, execution of a restrictive covenant running with the land, and moving one Market Rate - Rate of Growth Ordinance Exemption from the acquired property to the Administrative Relief Pool for market rate allocation(s). RESOLUTION NO. 070-2022 Said Resolution is incorporated herein by reference. H4 Resolution granting approval of a Purchase Agreement of property funded by the Community Development Block Grant-Disaster Recovery Voluntary Home Buyout Program, in the amount of $550,000.00, execution of a restrictive covenant running with the land, and moving one Market Rate - Rate of Growth Ordinance Exemption from the acquired property to the Administrative Relief Pool for market rate allocation(s). RESOLUTION NO. 071-2022 Said Resolution is incorporated herein by reference. Motion carried unanimously. H5 Ms. Hurley addressed the Board concerning approval of the 1 Ph and 12th Amendments to State Lands Management Lease No. 4549 between Monroe County and the State of Florida for the management of certain state-owned conservation lands. After discussion, motion was made by Commissioner Coldiron and seconded by Commissioner Cates granting approval of the item. Motion carried unanimously. H6 Ms. Hurley addressed the Board concerning approval of a Resolution authorizing the Monroe County Land Authority to initiate the process for selling nine vacant County owned lots in Tropical Bay Estates,provided that the lots are deed restricted to prohibit the construction of principal residential dwelling units thereon to contiguous property owners or Property Owners Associations,when applicable, and other limitations provided for in Ordinance No. 001-2022. After discussion, motion was made by Commissioner Coldiron and seconded by Commissioner Raschein to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 072-2022 Said Resolution is incorporated herein by reference. H7 Ms. Hurley and Bob Shillinger, County Attorney, addressed the Board on whether to accept repayment for Transferrable Development Right(TDR) from Jane Gilbert and release Unity of Title recorded after Ms. Gilbert sold the TDR to Monroe County. The following individual addressed the Board: Jane Gilbert. After discussion,motion was made by Commissioner Coldiron Page 116 02/16/2022 and seconded by Commissioner Raschein to deny accepting a repayment and transferring the TDR back as it would set a negative precedence. 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 Holly Raschein, Mayor David Rice, Councilman Greg Lewis and Mayor Bruce Halle. Il Motion was made by Mayor Rice and seconded by Commissioner Raschein granting approval for a one-month extension to the existing Employment Agreement with Nina Burgess, for Fire Rescue EMS Billing Specialist position,to commence on February 19,2022, and terminate on March 18, 2022. The extension will provide for continued internal discussions regarding renewal term and conditions for the subsequent contract term. Motion carried unanimously. The Board of Governors, Fire & Ambulance District 1, adjourned. The Board of County Commissioners meeting reconvened with all Commissioners present. COMMISSIONER'S ITEM T12 Sheriff Richard Ramsay addressed the Board concerning approval of a Resolution in support of Sheriff Ramsay's request to the Florida Department of Transportation regarding a visual barrier at mile marker 109 to reduce distracted driving, traffic congestion and increase public safety. After discussion, motion was made by Commissioner Raschein and seconded by Commissioner Coldiron to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 073-2022 Said Resolution is incorporated herein by reference. COVID-19 J1 Shannon Weiner, Director of Emergency Management; and Bob Eadie, JD, Administrator& Health Officer for the Monroe County Health Department, gave a COVID-19 update. MISCELLANEOUS BULK APPROVALS Motion was made by Commissioner Coldiron and seconded by Commissioner Cates granting approval of the following two items (C3 & C5): C3 Agreement with the Guidance/Care Center for Women's Jail Incarceration Drug Abuse Treatment Services, in the amount of$27,121.66, for the period of October 1, 2021, through September 30, 2022; funded by Byrne/JAG Grant Program; and approval to re-assign the roles of Page 117 02/16/2022 Implementing Agency Chief Official and Subgrantee Chief Official to the Director of Budget and Finance; and authorization to allow her to submit and accept grant related documents in Florida Department of Law Enforcement's electronic portal. C5 Tenth Renewal to Agreement with the Guidance/Care Center, Inc. for use of the shared wastewater lift station by the Marathon Detention Facility extending the term from March 7, 2022, through March 6, 2025. Estimated annual amount$10,000.00. Motion carried unanimously, with Mayor Rice abstaining due to a conflict. C17 Mr. Shillinger addressed the Board concerning approval of License and Easement Agreement with Datapath Vertical Bridge 11, LLC to allow for short-term use of a portion of the Long Key Transfer Station to locate and operate a temporary antenna facility while a new tower is being built to replace the existing tower on Long Key which is on land leased from the County. After discussion, motion was made by Commissioner Cates and seconded by Commissioner Raschein granting approval of the item, with the following change at page 2: 4. ACCESS. During the Term, Licensee shall have unrestricted and unfettered access to the Premises see (7) days ^ week twenty f (24) ^tir^ ^ da^ during the following business hours: Monday through Saturday from 8 a.m. to 4 p.m.; provided however, in the event of an emergency, Licensee may access the Premises provided Licensee notifies Licensor as soon as reasonably practicable. Motion carried unanimously. C28 Mr. Shillinger addressed the Board concerning approval of a Resolution to waive fees currently charged for non-profit organizations or entities for use of County property or facilities for non-fundraising events. After discussion, motion was made by Commissioner Coldiron and seconded by Commissioner Raschein granting approval of the item. Motion carried unanimously. RESOLUTION NO. 074-2022 Said Resolution is incorporated herein by reference. STAFF REPORTS F1 Lisa Tennyson, Legislative Affairs & Grants Acquisition Director, gave a legislative update. F2 Kimberly Matthews, Sr. Director of Strategic Planning & Libraries, gave a Power Point Presentation on Monroe County Public Library DLIS/IMLS ARPA Grant Progress and Next Steps. Mr. Shillinger addressed the Board. F3 Kristen Livengood, Public Information Officer, announced that the State of the County Information Guide and Annual Report is now available. Page 118 02/16/2022 F4 Richard Strickland, Director of Airports, gave a Power Point Presentation on Key West International Airport Concourse A and Terminal Improvements Program. F5 Jethon Williams, Sr. TV/Multimedia Coordinator, gave an update on MCTV's new features. COMMISSIONER'S ITEM N4 Motion was made by Commissioner Coldiron and seconded by Commissioner Cates to adopt the following Resolution presenting primary and secondary projects to Florida Department of Transportation for their review and inclusion in 5-year work plan as recommended by the Florida Keys Transportation Coordination Committee. Motion carried unanimously. RESOLUTION NO. 075-2022 Said Resolution is incorporated herein by reference. COUNTY ATTORNEY Q1 Mr. Shillinger referred the Board to the County Attorney Report for February 2022. Said report is incorporated herein by reference. Q1 Mr. Shillinger addressed the Board concerning Woods Corner. The Board took no official action. Q8 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 Cates and seconded by Commissioner Coldiron granting approval to hold the closed session at the regularly scheduled BOCC meeting on March 16, 2022, at 1:30 p.m. in Key Largo, Florida, or as soon thereafter as may be heard. Motion carried unanimously. Q9 Mr. Shillinger requested to hold an Attorney-Client Closed Session in the matter of Key Haven Associated Enterprises, Inc. v. State ofFlorida Department of Environmental Protection, State ofFlorida Department ofEconomic Opportunity, and Monroe County, Second Judicial Circuit Case No. 21-CA-1613, and read the required language into the record. Motion was made by Commissioner Coldiron and seconded by Commissioner Cates to hold the closed session at the regularly scheduled BOCC meeting on March 16, 2022, at 1:30 p.m. in Key Largo, Florida, or as soon thereafter as may be heard. Motion carried unanimously. Mr. Shillinger advised the Board that the following item (T1) is deleted from the agenda: T1 Request to hold an Attorney-Client Closed Session in the matter of Monroe County v. Knight, Sixteenth Judicial Circuit Case No. 20-CA-659-K, at the regularly scheduled BOCC meeting on March 16, 2022, at 1:30 p.m. in Key Largo, Florida, or as soon thereafter as may be heard. Page 119 02/16/2022 T2 Mr. Shillinger requested to hold an Attorney-Client Closed Session in the matter of Monroe County v. Buirley, Sixteenth Judicial Circuit Case No. 19-CA-656-K, and read the required language into the record. Motion was made by Commissioner Coldiron and seconded by Commissioner Raschein to hold the closed session at the regularly scheduled BOCC meeting on March 16, 2022, at 1:30 p.m. in Key Largo, Florida, or as soon thereafter as may be heard. Motion carried unanimously. PUBLIC HEARINGS R1 A Public Hearing was held to consider approval of an Ordinance amending Chapter 12, Article IV. - Irrigation Conservation, to be consistent with South Florida Water Management District Rule 40E-24, Florida Administrative Code ("F.A.C."), requiring year-round irrigation conservation measures to achieve water conservation consistent with District Rule 40E-24.201, F.A.C., including irrigation standards such as hours, days of the week, variance, and enforcement procedures. There was no public input. Motion was made by Commissioner Coldiron and seconded by Commissioner Cates. Motion carried unanimously. ORDINANCE NO. 002-2022 Said Ordinance is incorporated herein by reference. R2 A Public Hearing was held to consider approval of a Resolution and Development Agreement between Monroe County, Florida and SH Marinas 6000, LLC. The requested development agreement relates to the proposed redevelopment of Stock Island Harbor Yacht Club to include one hundred and seven attached residential dwelling units to be utilized as short- term vacation rental units, up to forty-one transient hotel room units, and three affordable dwelling units. Structures may not be higher than forty feet from grade. The subject property is described as Section 36, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida, currently having property identification number 00127480-000000. Emily Schemper, Sr. Director of Planning & Environmental Resources, gave a Power Point Presentation. Mr. Shillinger addressed the Board. The following individuals addressed the Board: Bart Smith, representing the applicant; Karen Taporco, Community Planning and Liaison Officer at NASKW; Ed Swift, John Buckheim, representing Keys Fresh Seafood; John McGee, representing Charley Toppino & Sons, and Ms. Hurley. After discussion, motion was made by Commissioner Cates and seconded by Commissioner Raschein granting approval of the item with authorization for the County Attorney to review the changes that will be made to the documents to make sure that it's consistent with the changes discussed today. Roll call vote carried unanimously. RESOLUTION NO. 076-2022 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 the Monroe County Land Use District Map from Mixed Use to Destination Resort for property located at 6000 Peninsular Avenue, Stock Island, Monroe County, Florida, located at mile marker 5, currently having property identification number 00127480-000000, as proposed by Smith/Hawks as agent for SH Marinas 6000, LLC. Page 120 02/16/2022 Ms. Schemper gave a Power Point Presentation. There was no public input. After discussion, motion was made by Commissioner Raschein and seconded by Commissioner Coldiron to adopt the following Ordinance. Roll call vote carried unanimously. ORDINANCE NO. 003-2022 Said Ordinance is incorporated herein by reference. R4 A Public Hearing was held to consider approval of a Resolution and Amendment to Development Agreement between Monroe County, Florida, and Banyan Grove Development Corporation (Spottswood Partners, Inc.), currently Banyan Grove Residences, LTD, and Monroe County, for property located along Overseas Highway, Stock Island, Monroe County, Florida, currently having property identification number 00124140-000000. Ms. Schemper gave a Power Point Presentation. The following individual addressed the Board: Bart Smith, representing the applicant. After discussion, motion was made by Commissioner Coldiron and seconded by Commissioner Raschein to adopt the following Resolution and amendment to the Development Agreement for the two for one. Roll call vote carried unanimously. RESOLUTION NO. 077-2022 Said Resolution is incorporated herein by reference. R5 A Public Hearing was held to consider to approval and incorporation into the Monroe County Code of Ordinances the newly created Section 22-129 of Article VI Other Municipal Service Taxing Units in Chapter 22 Special Districts. There were no public speakers. Motion was made by Commissioner Coldiron and seconded by Commissioner Raschein to adopt the following Ordinance. Roll call vote carried unanimously. ORDINANCE NO. 004-2022 Said Ordinance is incorporated herein by reference. There being no further business, the meeting of the Board of County Commissioners was adjourned. Kevin Madok, CPA Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida J ameea.C;.MAnce,&, IO.C. Page 121 02/16/2022