07/20/2022 Regular MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, July 20, 2022
Marathon, Florida&
Via Communication Media Technology
A regular meeting of the Monroe County Board of County Commissioners convened at
9:00 a.m. at the Marathon Government Center in Marathon and via Communication Media
Technology. Present and answering to roll call were Commissioner Craig Cates, Commissioner
Michelle Coldiron, Commissioner Holly Raschein, Commissioner James Scholl and Mayor
David Rice. 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 Raschein and seconded by Commissioner Coldiron
granting approval of the Additions, Corrections & Deletions to the agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
B 1 Monroe County Fire Rescue Badge Pinning and Oath Presentation of three new members
as follows: Firefighter EMT Luis Garcia, Firefighter EMT Lisandro Gonzalez and Firefighter
EMT Robert Ruiz.
B2 Presentation of Employee of the Quarter for the 2nd Quarter of 2022 to Leeann
McDougall, Facilities Maintenance.
BULK APPROVALS
C1 Board granted approval and authorized execution of a new Grant Agreement, in the
amount of$9,665,951.73, between the County and the Florida Division of Emergency
Management to construct the new Emergency Operations Center in Marathon. The grant funds in
this agreement represent the first of two funding increments and a percentage of the awarded
Sub-Recipient Management Costs (SRMC). Both funding increments and the SRMC funds total
$13,665,951.02. These federal grant funds will require matching funds, from non-federal sources
and will come primarily from a series of grant agreements, minimizing the use of County capital
funds. SRMC funds require no match.
C2 Board granted approval and authorized execution of the 61h Amendment to Agreement
with EAC Consulting, Inc. for engineering design of the 1st Street and Bertha Street Roadway
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Improvement Project(Key West)to add City of Key West requested crosswalk design services,
in the maximum not to exceed amount of$14,312.00, revising the total contract amount to
$514,139.16.
C3 Board granted approval and authorized execution of the I"Amendment to Subrecipient
Agreement No. IR026 with the Florida Department of Economic Opportunity for the Sands
Subdivision Sea Level Rise Pilot Roadway and Drainage Mitigation Project(Big Pine Key),
which is funded through the U.S. Housing and Urban Development Agency CDBG-MIT
program, to add Citizen Complaint Policy requirement.
C4 Board granted approval to purchase a demo Draft Commander 30001) Trainer Mobile
Fire Pump Testing and Training Unit from the manufacturer and sole source provider, Weis Fire
& Safety Equipment, LLC, at a total discounted price of$185,600.00; and granted approval for
the Fire Chief to execute all necessary documentation.
C5 Board granted approved to rescind approval of Keys Energy Services Line Extension
Agreement(Item D8 May 18, 2022); and granted approval and authorized execution of a revised
version which adds purchase order and payment terms to the Keys Energy Services Line
Extension Agreement, in the amount of$133,775.09, to provide 3 Phase electrical power for the
Sands Subdivision Sea Level Rise Roadway and Drainage Project, Big Pine Key.
C6 Board granted approval to advertise a Request for Proposals for an annual Contract for
County-wide installation, maintenance and repair of various fence types on an as needed basis.
Contract can be used by any department and will include federal language for federal
reimbursement. Estimated annual current fence costs across all County departments is
$250,000.00.
C7 Board granted approval to renew an Agreement with Vision Service Plan Insurance
Company (VSP), with no changes in cost, but an increase in frame and contract lens allowances
and continuation of the SunCare preventive coverage benefit for non-prescription sunglasses;
and granted authorization for the Employee Services Director to complete the necessary forms,
for fully insured voluntary vision benefits for a term of four years, effective January 1, 2023
through December 31, 2026.
C8 Board granted approval of a two-year Contract renewal with Delta Dental for dental
benefits for eligible County employees, retirees, and dependents; and granted approval for the
Employee Services Director to sign all necessary documents. This agreement will maintain the
County's existing Dental Plan with no changes in costs or coverage through December 31, 2024.
C9 Board granted approval and authorized execution of the 2nd Amendment to the Gas Tax
Sharing Interlocal Agreement(ILA)to update the percentage distributions for the 5-cent local
option gas tax to include the 2020 Census Data and for the 6-cent Local Option Gas Tax to
include the transportation expenditures for the last five Fiscal Years. The population and
transportation expenditures methodology were previously agreed upon the by the County and
Cities.
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C10 Board granted approval and authorized execution of the Supplemental Gas Tax Interlocal
Agreement with the City of Key West to compensate the City for the difference in 6-cent Local
Option Gas Tax Revenue between the City's old distribution percentage (36.5%) and the updated
distribution percentage (28.3%) for a period of four years with the compensation amount
decreasing by 25%per year.
C11 Board granted approval of a one year Agreement with Smarsh, the sole source provider
of cellular text message archiving solution, in the amount of$24,552.00; and granted approval to
exempt this procurement from the competitive solicitation process as a sole source provider; and
granted authorization for the County Attorney to sign the agreement and related documents.
C12 Board granted approval to advertise a Request for Proposals for continuing services for
Grant Writing Assistance and Grant Administration Services.
C13 Board granted approval to rescind the 3rd Change Order with Gary's Plumbing and Fire,
Inc. that was approved at the March 16, 2022, that incorrectly stated the contract total; and
granted approval and authorized execution of the 3rd Change Order(revised) adding scope in the
amount of$244,500.00 for the Pigeon Key Fire Suppression System Installation Project. The
correct total contract amount with this Change Order is $1,374,837.50. This replacement
corrects the mathematical error.
C14 Board granted approval and authorized execution of Alzheimer's Disease Initiative
Program Contract KZ-2297 between the Alliance for Aging, Inc. and Monroe County Board of
County Commissioners, Social Services/In-Home Services for the Contract Year 2022-2023
(July 1, 2022 to June 30, 2023) in the amount of$91,807.73.
C15 Board adopted the following Resolution adopting the 2022 Monroe County
Comprehensive Emergency Management Plan.
RESOLUTION NO. 182-2022
Said Resolution is incorporated herein by reference.
C16 Board granted approval and authorized execution of the 41h Amendment to the Amended
and Restated Haul-Out, Transfer Stations Operations and Maintenance Agreement with Waste
Management, Inc. of Florida for an extraordinary rate adjustment. Effective August 1, 2022, the
County shall pay the Operator an operation and disposal fee of$103.37 per ton for Commercial;
and $96.08 per ton for residential haul-out. The remaining terms of the agreement, as amended,
remain in full force and effect.
C17 Board granted approval to advertise a Request for Proposals for the Pine Channel Nature
Park -Paddle Board & Kayak Rental Concessionaire.
C18 Board granted approval to accept two separate negotiated settlement offers, made by
Aetna on behalf of two former Monroe County Fire Rescue patients (debtor), by making
payment on account for less than the full amount for services rendered by Global Sky Aircharter
Corporation a/k/a Trauma Star Air Ambulance Transport. In exchange for an approximate 2%
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reduction in the total billed charges, Aetna has provided two electronic fund transfer payments to
Trauma Star for these two accounts in anticipation of acceptance of the offer. These two
payments, totaling $47,910.51, if approved, will be applied respectively to each debtor's account
and be considered payment-in-full and final settlement.
C19 Board granted approval to advertise a Request for Proposals for the Rowell's Waterfront
Park -Paddle Board Kiosk.
C20 Board granted approval to advertise a Request for Proposals for the Veteran's Memorial
Park -Paddle Board Kiosk.
C21 Board accepted the report of monthly Change Orders for the month of June 2022,
reviewed by the County Administrator/Assistant County Administrator. Said report is
incorporated herein by reference.
C22 Board granted approval to reject the ranking determination by the Selection Committee
for the Request for Qualifications for Professional Engineering Continuing Services Contract and
re-advertise.
C23 Board granted approval to advertise a Request for Proposals for Grant Administration
Services for the Community Development Block Grant Coronavirus Grant awarded to Monroe
County for the Rowell's Waterfront Park property.
C24 Board granted approval to advertise a Public Hearing to adopt an Ordinance amending
Section 23-144 of the Monroe County Code to extend the One Cent Infrastructure Sales Surtax
through December 31, 2048; and providing that the extension is only effective if approved by the
County electorate at the November 2022 general election.
C25 Board granted approval to advertise for a Public Hearing to consider an Ordinance adding
Section 18-4 of the Monroe County Code to prohibit smoking within the boundaries of Monroe
County Parks & Beaches with the exception of an unfiltered cigar, to be held at the Board of
County Commissioners regular meeting on August 17, 2022, in Key West.
C26 Board granted approval and authorized execution of the 41h Amendment to the Amended
and Restated Solid Waste and Recycling Collection Franchise Agreement between Marathon
Garbage Services, Inc. (MGS) and Monroe County Board of County Commissioners. The
extraordinary rate adjustment as requested by MGS on June 15, 2022, increases the collection
rate by $2.45 per unit per month to $21.31 per unit per month, effective August 1, 2022 and shall
not be adjusted by the residential CPI for Fiscal Year 20222023. This amendment also
authorizes the franchisee to charge a diesel fuel surcharge to commercial customers effective
August 1, 2022 in an amount determined by the Solid Waste Department per the contract.
C27 Board adopted the following Resolutions concerning the Transfer of Funds and Receipt
of Unanticipated Revenue:
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Receipt of Unanticipated Revenue (OMB Schedule Item No. 1).
RESOLUTION NO. 183-2022
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Revenue (OMB Schedule Item No. 2).
RESOLUTION NO. 184-2022
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Revenue (OMB Schedule Item No. 3).
RESOLUTION NO. 185-2022
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 186-2022
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 187-2022
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Revenue (OMB Schedule Item No. 6).
RESOLUTION NO. 188-2022
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 189-2022
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 190-2022
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 191-2022
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 192-2022
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 193-2022
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Revenue (OMB Schedule Item No. 12).
RESOLUTION NO. 194-2022
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 195-2022
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Revenue (OMB Schedule Item No. 14).
RESOLUTION NO. 196-2022
Said Resolution is incorporated herein by reference.
HURRICANE IRMA RECOVERY
D1 Board granted approval and authorized execution of a no cost I"Amendment to the
Federally Funded Community Development Block Grant Mitigation Program Subrecipient
Agreement with the Florida Department of Economic Opportunity to modify the Citizen
Complaint language under CDBG-MIT Grant IR045 for repairs to the Tavernier Breakwater.
D2 Board granted approval and authorized execution of a no cost I"Amendment to the
Federally Funded Community Development Block Grant Mitigation Program Subrecipient
Agreement with the Florida Department of Economic Opportunity to modify the Citizen
Complaint language under CDBG-MIT Grant IR036 for repairs to the Rock Harbor Jetty in Key
Largo.
TAX COLLECTOR
El Board granted approval to extend the 2022 Tax Roll and mail the bills prior to
completion of the Value Adjustment Board Hearings.
TOURIST DEVELOPMENT COUNCIL
F 1 Board granted approval and authorized execution of the 1st Amendment to Agreement
with Key West Business Guild, Inc. for Gay and Lesbian Visitor Information Services to
exercise the option to extend the agreement to September 30, 2024; increase the compensation
by 5%to $55,125.00 a year; and revise the Scope of Services to reflect how visitor data is
collected.
F2 Board granted approval and authorized execution of an Agreement with Rockport
Analytics, LLC to provide Visitor Profile Survey Services.
F3 Board granted approval and authorized execution of an Agreement with Monroe County
Council of the Arts Corporation d/b/a Florida Keys Council of the Arts to supplement the cost of
tourist related programs.
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F4 Board granted approval and authorized execution of the 2nd Amendment to Agreement
with the Village of Islamorada for the Dog Park Improvements at Founders Park Project to revise
the Scope of Services (Exhibit A) of the agreement.
F5 Board granted approval and authorized execution of the I"Amendment to Agreement
with Florida Keys Land & Sea Trust, Inc. for the Crane Point Flying Forward Phase III Project to
extend the agreement to December 31, 2022.
F6 Board granted approval of a thirty-six-month extension to Agreement with AT&T to
provide long distance telephone services for the TDC Administrative Office and visitor
information lines (1-800 visitor services lines for Chamber of Commerce's); granted
authorization for the TDC Marketing Director to sign the extension; and granted approval to
rescind BOCC approval of prior extension at the April 20, 2022 meeting (Item El 1) due to
AT&T providing a revised extension.
COUNTY LAND ACQUISITION AND LAND MANAGEMENT
H1 Board adopted the following Resolution authorizing the donation of Block 19, Lot 1,
Breezeswept Beach Estates located at 11 West Indies Drive on Ramrod Key near mile marker 27
to the Monroe County Comprehensive Plan Land Authority for conservation and authorized the
Mayor to execute the deed and associated closing documents.
RESOLUTION NO. 197-2022
Said Resolution is incorporated herein by reference.
AIRPORTS
K1 Board ratified and granted approval of the 3rd Amendment to State of Florida,
Department of Transportation (FDOT), Public Transportation Grant Agreement No. GI Q04, as
executed by the Director of Airports, adding $69,695.00 in additional funding for Planning
Studies at Key West International Airport. This grant is funded 50% FDOT; and 50%Airport
Operating Fund 404.
K2 Board ratified and granted approval of State of Florida, Department of Transportation,
Public Transportation Grant Agreement No. G2A61, as executed by the Director of Airports,
providing $1,355,305.00 in funding to renovate, upgrade and modify the existing Customs
Facility at Key West International Airport. This grant requires a 50% match from Airport
Operating Fund 404.
K3 Board granted approval to advertise a competitive solicitation for the Customs Facility
Phase 3B Project at Key West International Airport. The project is funded by new State Florida
Department of Transportation Grant No. G2A61 (50%); Airport Operating Fund 404 (25%); and
PFC Application 418 (25%).
K4 Board granted approval and authorized execution of a new Lease Agreement with Federal
Express Corporation for use of an air cargo building and unimproved areas around the building
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for customer and employee parking; and aircraft apron parking at Florida Keys Marathon
International Airport retroactive to April 1, 2020.
K6 Board accepted the report of Airport Change Orders for the month of June 2022 reviewed
by the County Administrator/Assistant County Administrator. Said report is incorporated herein
by reference.
K7 Board granted approval to reopen Key West International Airport Fund 405 in
anticipation of the upcoming 2022 General Airport Revenue Bond issuance for the new EYW
Terminal Concourse A and Improvements Program.
K8 Board granted approval and authorized execution of the Retail Vending Machine
Concession Renewal Agreement with Refreshment Services, Inc. to continue to provide two
beverage vending machines at Key West International Airport. Ten percent of gross revenues
generated from the vending machines is paid to the airport on a quarterly, in arrears, basis.
ENGINEERING
L1 Board adopted the following Resolution granting approval of a Small County Outreach
Program Grant Agreement with Florida Department of Transportation, in the amount of
$2,419,722.00, for state funding of a portion of construction for resurfacing of Card Sound Road
from the east end of Card Sound Bridge to the intersection of County Road 905.
RESOLUTION NO. 198-2022
Said Resolution is incorporated herein by reference.
L2 Board adopted the following Resolution granting approval of a Local Agency Program
Agreement, in the amount of$567,000.00, between Monroe County and Florida Department of
Transportation for Federal funding for the Engineering Design and Permitting of the replacement
of Tubby's Creek Bridge (4904982) on Card Sound Road.
RESOLUTION NO. 199-2022
Said Resolution is incorporated herein by reference.
PLANNING& ENVIRONMENTAL RESOURCES
BULDING& CODE COMPLIANCE DEPARTMENTS
M2 Board adopted the following Resolution reserving two Moderate-Income Affordable
Housing ROGO Allocations,pursuant to Monroe County Code Section 138-24(b)(3), for the
construction of two affordable housing dwelling units as part of the Monroe County Employee
Housing Rental Program, at 28269 Julia Avenue, Lots 8 & 9, Block 1, amended Plat Ladies
Acre, Little Torch Key, currently having property identification number 00222830-000000, until
July 20, 2027.
RESOLUTION NO. 200-2022
Said Resolution is incorporated herein by reference.
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M3 Board granted approval and authorized execution of an Interlocal Agreement between
Monroe County and the City of Key Colony Beach(City)reimbursing the City in an amount of
up to $7,468.00 from Boating Improvement Funds for costs to be incurred by the City during
Fiscal Year 2023 for Regulatory Buoy and Sign Replacement.
M5 Board adopted the following Resolution of the Monroe Board of County Commissioners
extending the waiver of approximately $211,215.00 in building permit fees for a total of twenty-
eight affordable employee housing dwelling units comprised of fourteen low income and
fourteen median income or below, to be constructed on parcels located at 95301 Overseas
Highway, Key Largo, having property identification numbers 00483370-000000, 00484390-
000000 and 00484400-000000.
RESOLUTION NO. 201-2022
Said Resolution is incorporated herein by reference.
M7 Board adopted the following Resolution reserving one Moderate-Income Affordable
Housing ROGO Allocation,pursuant to Monroe County Code Section 138-24(b)(4), for the
construction of one affordable housing dwelling unit as part of the Monroe County Employee
Housing Rental Program, on property located at 27985 Tarpon Terrace, Little Torch Key, mile
marker 28.5, Lot 18, Block 4, Coral Shores Estates Mobile Homes Section 2, currently having
property identification number 00214482-004700, until July 20, 2027.
RESOLUTION NO. 202-2022
Said Resolution is incorporated herein by reference.
COMMISSIONER'S ITEMS
01 Board granted approval of Mayor Rice's appointment of Megan Merryman to the Duck
Key Security District Advisory Board. This is a full-term, 3-year appointment through July 20,
2025.
02 Board adopted the following Resolution urging the Florida Keys National Marine
Sanctuary to balance natural resource conservation and sustainable uses and to continue to
engage stakeholders from throughout the Florida Keys and beyond.
RESOLUTION NO. 203-2022
Said Resolution is incorporated herein by reference.
COUNTY CLERK
P1 Board granted approval of Tourist Development Council expenses for the month of June
2022, as follows:
Vendor Amount
Advertising $1,453,508.39
Bricks & Mortar Projects $ 135,203.23
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Vendor Amount
Events $ 174,674.14
Office Supplies & Operating Costs $ 29,088.16
Personnel Services $ 116,903.37
Public Relations $ 0.00
Sales & Marketing $ 90,899.72
Telephone &Utilities $ 17,506.71
Travel $ 20,070.01
Visitor Information Services $ 54,281.50
P2 Board granted approval to remove surplus equipment from inventory via disposal or
advertise for bid. Said list is incorporated herein by reference.
P3 Board granted approval of BOCC Warrants 10105550-10107137 (AP); 28322-28399
(WC); all payroll direct deposited to employee's bank accounts for the month of May 2022, as
follows:
Fund Fund Title Amount
001 General Fund $3,902,112.30
101 Fine & Forfeiture $4,988,539.08
102 Road/Bridges $ 628,154.20
115 Tourist Development Council-Two Penn $ 380,989.17
116 TDC - Admin Promo 2 Cent $ 913,080.53
117 TDC - District 1 Third Cent $ 350,291.74
118 TDC - District 2 Third Cent $ 73,938.79
119 TDC - District 3 Third Cent $ 204,851.04
120 TDC - District 4 Third Cent $ 135,634.07
121 TDC - District 5 Third Cent $ 166,029.66
125 Grant Fund $3,131,759.30
130 Impact Fees/Roadways $ 180.00
132 Impact Fees/Library $ 6,504.54
141 Fire/Ambulance $1,240,790.70
147 Unincorporated Service $ 207,076.17
148 Planning Building $ 807,001.87
149 Municipal Policing $ 663,540.91
150 E911 Enhancement Fund $ 39,080.88
152 Duck Key Security $ 15,056.75
153 Local Housing Assistance $ 154,320.91
157 Boating Improvement Fund $ 23,447.46
158 Miscellaneous Special Revenue Fund $ 92,607.33
160 Environmental Restoration $ 33,159.56
163 Court Facilities $ 337,810.84
164 Drug Facilities Fees $ 1,645.05
180 Building Funds $ 489,150.35
304 1 Cent Infrastructure $ 502,585.45
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Fund Fund Title Amount
312 CudJoe Regional WW Project $ 11,423.83
314 Series 2014 Revenue Bonds $ 367,325.84
316 Land Acquisition $ 42,019.85
401 Card Sound Bride $ 30,711.57
403 Marathon Airport $ 639,923.66
404 Key West Intl Airport $3,231,491.37
406 PFC & Operating Restrictions $ 199,264.52
414 MSD Solid Waste $1,762,573.62
501 Workers' Compensation $129,479.44
502 Group Insurance Fund $1,941,190.77
503 Risk Management Fund $3,297,241.99
504 Fleet Management Fund $ 321,411.76
610 Fire/EMS LOSAP Trust Fund $ 8,400.00
COUNTY ADMINISTRATOR
Q2 Board granted approval and authorized execution of a revenue-based $284,584.00
Interlocal Agreement with the City of Key West for its share of the $572,500.00 in professional
mobile LiDAR Elevation, Surveying and Mapping Services the County is managing on behalf of
the five municipalities in the County to assist in their resilience planning work.
COUNTY ATTORNEY
R2 Board granted approval of the appointment of Commissioner Jim Scholl to the
Canvassing Board for the 2022 election cycle.
R3 Board granted authorization to initiate litigation against Tyrone L. Greene, Andre J.
Greene & Kristal M. Greene and their property, 28022 Gulf Boulevard, Big Pine Key, Florida to
seek compliance with County Code and enforce the lien(s) arising from Code Compliance Case
Number CE19110022.
R4 Board granted authorization to initiate litigation against Pedro Adrian and Olga Adrian
and their property, 186 Bahama Avenue, Key Largo, Florida to enforce the lien(s) arising from
Code Compliance Case Number CE16090108.
R5 Board granted authorization to allow code compliance lien arising from CE18100147
against Mirella F. Boan and Jaime Derek Boan and their property, 500 Avenue C, Big Coppitt
Key, Florida to remain against the property owners, the subject property and any other property
owned by the property owners.
R6 Board granted authorization to initiate litigation against James H. Johnston and Janet A.
Johnston and their property, 1723 Watson Boulevard, Big Pine Key, Florida to seek compliance
with the County Code and enforce the lien(s) arising from Code Compliance Case Number
CE18040021.
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R7 Board granted approval to advertise a Public Hearing to consider an Ordinance amending
Section 2-477 of the Monroe County Code regarding membership on the Shared Asset Forfeiture
Fund Advisory Board.
R8 Board granted approval and authorized execution of the 101h Amendment to Agreement
for Outside Counsel Legal Services with Ferencik, Libanoff, Brandt, Bustament and Williams
for construction-related matters dated March 15, 2006.
R9 Board granted approval and authorized execution of a Contract with ClearRisk U.S.
Corporation to provide software solutions for Claims, Incident and Risk Management for the
County's Risk Management Program.
FLEET MANAGEMENT
Ul Board granted approval and authorized execution of the 2nd Renewal and Amendment to
Agreement for generator repairs and assistance with All Power Generators, Corp.
INFORMATION TECHNOLOGY
U2 Board granted approval and authorized execution of the Renewal of the Comcast
Contract for 24 months decreasing the cost per circuit in order to provide internet circuits of
varying bandwidth sizes at 25 locations throughout Monroe County. Also upgraded the
bandwidth available for 3 circuits and added a new internet link in Marathon while the overall
cost of all services decreased.
AIRPORTS
U3 Board adopted the following Resolution delegating additional purchasing authority to the
County Administrator for Direct Purchase items of$50,000.00 and greater that provide tax
savings for the Key West International Airport Concourse A and Terminal Improvements
Construction Project.
RESOLUTION NO. 204-2022
Said Resolution is incorporated herein by reference.
SOLID WASTE
U4 Board granted approval and authorized execution of the 41h Amendment to the Amended
and Restated Solid Waste and Recycling Collection Franchise Agreement between Keys Sanitary
Service (KSS) and Monroe County Board of County Commissioners. The extraordinary rate
adjustment as requested by KSS on June 15, 2022, increases the collection rate by $2.39 per unit
per month to $21.32 per unit per month, effective August 1, 2022; and shall not be adjusted by
the residential CPI for Fiscal Year 2022-2023. This amendment also authorizes the franchisee to
charge a diesel fuel surcharge to commercial customers effective August 1, 2022, in an amount
determined by the Solid Waste Department per the contract.
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U5 Board granted approval and authorized execution of the 3rd Amendment to the Amended
and Restated Solid Waste and Recycling Collection Franchise Agreement between Waste
Management Inc. of Florida(WM) and Monroe County Board of County Commissioners. The
extraordinary rate adjustment as requested by WM on June 15, 2022, increases the collection rate
by $1.95 per unit per month to $21.92 per unit per month, effective August 1, 2022; and shall not
be adjusted by the residential CPI for Fiscal Year 2022-2023. This Amendment also authorizes
the Franchisee to charge a diesel fuel surcharge to commercial customers effective August 1,
2022, in an amount determined by the Solid Waste Department per the contract.
PLANNING& ENVIRONMENTAL RESOURCES
U6 Board granted approval of the appointment of Brad Bertelli in the Category of History
Professional to the Historic Preservation Commission, replacing Bert Bender, with a term
expiring July 22, 2025.
U7 Board granted approval of the re-appointment of Kate DeLoach in the Category of
Layperson to the Historic Preservation Commission for an additional term, with a term expiring
July 20, 2025.
U8 Board granted approval of the re-appointment of Brian Shea in the Category of
Professional Planner to the Historic Preservation Commission, with a term expiring July 20,
2025.
U9 Board granted approval of the re-appointment of Barbara Bauman in the Category of
Professional Planner to the Historic Preservation Commission, with a term expiring July 21,
2025.
SOCIAL SERVICES
U10 Board adopted the following Resolution of the Board of County Commissioners of
Monroe County, Florida, approving the Local Housing Assistance Plan (LHAP) as required by
the State Housing Initiatives Partnership Program Act, Subsections 420.907-420.9079, Florida
Statues; and Rule Chapter 67-37, Florida Administrative code; authorizing and directing the
Mayor, County Administrator, or his designee, to execute any necessary documents and
certifications needed by the State; authorizing the submission of the LHAP for review and
approval by the Florida Housing Finance Corporation; and providing an effective date.
RESOLUTION NO. 205-2022
Said Resolution is incorporated herein by reference.
AIRPORTS
Ul 1 Board granted approval and authorized execution of the 51h Task Order with NV2A Gulf
Keystar, A Joint Venture for Construction Manager at Risk Services pre-construction activities
in the amount of$126,292.00.00 for the Key West International Airport Concourse A and
Terminal Improvements Program, to be funded by the PNC Line of Credit and PFC Fund 406
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(PFC 419). The Task Order is effective from August 1, 2022, through August 31, 2022 to keep
the design service process on schedule.
Motion carried unanimously.
COUNTY LAND ACQUISITION AND LAND MANAGEMENT
H2 Christine Hurley, Executive Director of the Land Authority, gave a Power Point
Presentation on the opening of the Federal Emergency Management Agency Flood Mitigation
Assistance Program application cycle for privately owned structures within Monroe County and
incorporated cities for Fiscal Year 2023 and beyond to provide grant assistance (match required
from property owner) for eligible applicants to elevate, demolish/reconstruct, or volunteer to sell
their property to support rebuilding the community to be resilient to floods and other natural
hazards. The Board took no official action.
COUNTY ATTORNEY
R11 Bob Shillinger, County Attorney, addressed the Board concerning direction and
authorization for Assistant County Administrator Kevin Wilson to negotiate agreement(s) with
Fortress Secured, LLC relative to its unsolicited proposal to design, build, and finance a
replacement fire station on Sugarloaf Key at the current location of the Sugarloaf Volunteer Fire
Department Station 410. The following individual addressed the Board: Stuart Schaffer,
representing Sugarloaf Shores Property Owner's Association. After discussion, motion was
made by Commissioner Coldiron and seconded by Commissioner Scholl granting approval of the
item. Motion carried unanimously.
STAFF REPORTS
G1 Alicia Betancourt, Director of Extension Services, gave a department update
G2 Cynthia McPherson, Director of Code Compliance, gave a department update
AIRPORTS
K5 Mr. Shillinger addressed the Board concerning approval to advertise a Public Hearing for
August 17, 2022 for the purpose of receiving comments and hearing discussion concerning the
County's proposed issuance of NTE $50,000,000.00 in aggregate principal amount of Monroe
County, Florida Airport Revenue Bonds (Key West International Airport), Series 2022. After
discussion, motion was made by Commissioner Coldiron and seconded by Scholl granting
approval of the item with the following added language to the notice, in the first paragraph, 81h
line, as follows: ....Series 2022 and possibly other related indebtedness (collectively the
"Bonds")..... Motion carried unanimously. Richard Strickland, Director of Airports, gave an
update on Key West International Airport.
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ENGINEERING
L3 Mr. Shillinger addressed the Board concerning approval by Resolution of a Local Agency
Program Agreement in the amount of$567,000.00 between Monroe County and Florida
Department of Transportation for Federal funding for the Engineering Design and Permitting of
the replacement of Mosquito Creek Bridge (4904984) on Card Sound Road. After discussion,
motion was made by Commissioner Scholl and seconded by Commissioner Coldiron granting
approval of the item, with the following amendment, on page 1:
2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's
participation in Car- Setind Read at T-4bys C-eek Bridge 4904982 Mosquito Creek Bridge
4904984, as further described in Exhibit "A",Project Description and Responsibilities attached
to and incorporated in this Agreement("Project"), to provide Department financial assistance to
the Recipient; state the terms and conditions upon which Department funds will be provided; and
to set forth the manner in which the Project will be undertaken and completed.
And the following amendment on page 16, Exhibit A:
PROJECT DESCRIPTION: Engineering Design and Permitting of the Replacement of Card
c,,,,,,,a Read t T-4bys Creek Bridge (4904982)Mosquito Creek Bridge (4904984) on Card
Sound Road
Motion carried unanimously.
RESOLUTION NO. 206-2022
Said Resolution is incorporated herein by reference.
PLANNING& ENVIRONMENTAL RESOURCES
BULDING& CODE COMPLIANCE DEPARTMENTS
M4 Emily Schemper, Sr. Director Planning & Environmental Resources, gave a Power Point
Presentation on the 16th Annual Monitoring Report(AMR),providing an update on the
implementation of the Incidental Take Permit(ITP) and Associated Habitat Conservation Plan
(HCP) for the Florida Key Deer and other protected species located on Big Pine Key and No
Name Key, with Cumulative H Impact at 0.6088 and H Mitigation Purchased at 99.9%; and
approval to submit the AMR to the U.S. Fish and Wildlife Service. After discussion, motion was
made by Commissioner Coldiron and seconded by Commissioner Cates granting approval of the
item. Motion carried unanimously.
Commissioner Raschein excused herself from the meeting.
M6 Ms. Schemper addressed the Board concerning direction regarding Comprehensive Plan
text amendment language relating to Adaptation Action Areas. After discussion, motion was
made by Commissioner Coldiron and seconded by Commissioner Scholl granting approval of the
item. Motion carried unanimously, with Commissioner Raschein not present.
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COUNTY ADMINISTRATOR
Q1 Roman Gastesi, County Administrator, referred the Board to the County Administrator's
monthly report for July 2022. Said report is incorporated herein by reference. Mr. Gastesi
addressed the Board concerning the budget presentation from the day before.
Commissioner Raschein returned to the meeting and took her seat.
COUNTY ATTORNEY
R1 Mr. Shillinger referred the Board to the County Attorney's report for July 2022. Said
report is incorporated herein by reference.
Mr. Shillinger introduced the summer law clerks who having been working with the
County Attorney's Office this summer from the University of South Florida: Dana Dammar,
Kelsey Pena and Gus Romano.
Mr. Shillinger requested permission to request that the Florida Association of Counties
seek to repeal House Bill 735 as it affects every local government; and if the repeal doesn't work
to have language inserted in state law that would give local contractors credit for the time they
have worked as a local contractor. The Board granted approval of the request.
Mr. Shillinger requested support to make a proposal to the Florida Association of
Counties as part of their briefing process, requesting that they change what's currently called the
Charter County Transportation Surtax to the County Transportation Surtax for an additional
penny infrastructure sales surtax. The Board supported the proposal.
Mr. Shillinger read the script prepared by Disclosure Counsel, for Key West International
Airport, as follows:
The underwriters propose to have the County file a non-obligatory, voluntary summary
notice of a proposed issuance of publicly offered bonds for airport improvements, which
proposal the County's financial advisor supports. The posting would be on the MSRB EMMA
portal where the County already posts certain annual financial information and operating data as
required by its prior public offerings. There would be no cost to the County and the County
would not be obligated to issue the bonds by virtue of making this posting. What this does allow
under rules the underwriters are subject to is to allow the underwriters to start talking to potential
institutional investors about the upcoming issue within the confines of the summary notice,prior
to publication of the preliminary official statement for the issue which is expected to occur in
mid-August, to generate pre-marketing interest and awareness in the volatile and competitive
municipal marketplace. The County's Disclosure Counsel will draft the notice to be approved by
County staff and the County Attorney's Office before it is filed.
The Board took no official action.
Page 116 07/20/2022
R10 Mr. Shillinger requested to hold an Attorney-Client Closed Session in the matter of
Galleon Bay v. Monroe County, et al., 02-CA-595-K, and read the required language into the
record. Motion was made by Commissioner Raschein and seconded by Commissioner Coldiron
to hold the session at the August 17, 2022 BOCC meeting in Key West, Florida. Motion carried
unanimously.
COMMISSIONERS COMMENTS
T Commissioner Raschein announced the passing of radio personality Joey Naples. Board
reminded the public about the water themed art contest that the Florida Association of Counties
is holding for their calendar. Kristen Livengood, Public Information Officer, advised the Board
that the information on the contest is shared on the County's social media.
PUBLIC HEARING
S1 A Public Hearing was held to consider an Ordinance amending Sec. 2-110(l, 3)—Rates
of per diem and subsistence allowance and Section 2-111(c). —Transportation of the Monroe
County Code to increase the County's reimbursement rates for subsistence (meals) and mileage
allowance. There was no public input. Motion was made by Commissioner Cates and seconded
by Commissioner Scholl to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 009-2022
Said Ordinance is incorporated herein by reference.
CLOSED SESSIONS
N1 Mr. Shillinger announced the Attorney-Client Closed Session in the matter Board of
County Commissioners of Monroe County v. Villalobos, 16th Judicial Circuit Case No. 21-CA-
257-P and read the required language into the record pursuant to Section 286.011(8), Florida
Statutes. Mr. Shillinger advised that the following individuals would be present at the meeting:
County Commissioners; County Administrator Roman Gastesi, County Attorney Bob Shillinger;
Assistant County Attorneys Cynthia Hall and Kelly Dugan; and a certified court reporter.
Mayor Rice declared the open session of the meeting closed. After the closed session,
the meeting was re-opened.
N3 Mr. Shillinger announced the Attorney-Client Closed Session in the matter of Sunset
Garden Estate Land Trust 2110114, by and through its Successor Trustee, Simtrust Group, LLC,
and Sunset Gardens Farm, LLC v. Monroe County, 16th Judicial Circuit Case No. 19-CA-460-P
and read the required language into the record pursuant to Section 286.011(8), Florida Statutes.
Mr. Shillinger advised that the following individuals would be present at the meeting: County
Commissioners; County Administrator Roman Gastesi, County Attorney Bob Shillinger;
Assistant County Attorney Peter Morris; special outside counsel for the County, Andrew Mai;
and a certified court reporter.
Page 117 07/20/2022
Mayor Rice declared the open session of the meeting closed. After the closed session,
the meeting was re-opened.
N3 Mr. Shillinger requested to continue the Attorney-Client Closed Session in the matter of
Sunset Garden Estate Land Trust 2110114, by and through its Successor Trustee, Simtrust Group,
LLC, and Sunset Gardens Farm, LLC v. Monroe County, 16th Judicial Circuit Case No. 19-CA-
460-P to the August 17, 2022 meeting in Key West, Florida. Motion was made by
Commissioner Scholl and seconded by Commissioner Coldiron to continue the Attorney-Client
Closed Session. Motion carried unanimously.
There being no further business, the meeting of the Board of County Commissioners was
adjourned.
Kevin Madok, CPA
Clerk and ex-officio Clerk to the
Board of County Commissioners
Monroe County, Florida
Pamela G. Hancock, D.C.
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