08/17/2022 Regular MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, August 17, 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 in Key West 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; Pamela Hancock, Deputy Clerk; Liz Yongue, Deputy Clerk; county
staff, members of the press and radio; and the general public.
ADDITIONS, CORRECTIONS & DELETIONS
Al Motion was made by Commissioner Scholl and seconded by Commissioner Coldiron
granting approval of the Additions, Corrections & Deletions to the agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
B1 Presentation of an Honorary Conch Certificate to "Farmer Jeanne" Selander for all her
hard work with the Monroe County Sheriffs Office Animal Farm.
BULK APPROVALS
Motion was made by Mayor Rice and seconded by Commissioner Coldiron granting
approval of the following items by unanimous consent:
C1 Board granted approval to use District 1 Transportation Impact Fees, in the amount of
$97,159.20, to partially fund the Florida Keys Overseas Heritage Trail Connection at Cudjoe
Gardens Project construction.
C2 Board granted approval and authorized execution of an Ambulance Service Agreement
with Key West HMA, LLC d/b/a Lower Keys Medical Center(LKMC) for Advanced Life
Support and Basic Life Support Ambulance and Medical Transportation Services for certain
patient transport to and from the LKMC facility for a 36-month period, to commence on August
17, 2022 and extend through August 17, 2025.
C3 Board granted approval and authorized execution of an Agreement with Bender&
Associates Architects, P.A., in the amount of$1,140,607.00, for A&E Services for the Wind
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Retrofit Project. The project is funded by a Florida Department of Emergency Management
Hazard Mitigation Grant Program grant(75%) and local match (25%). The County portion will
be paid by One Cent Infrastructure Sales Surtax.
C4 Board granted approval and authorized execution of the 1 st Amendment to the Shopping
Center Lease with UH US Big Pine Key 2019, LLC, as landlord, to change the notice address for
the landlord's property management office. This lease is for the District 2 County
Commissioner's office at Unit B-2 at the Big Pine Key Shopping Center.
C5 Board granted approval and authorized execution of the 3rd Amendment to Commercial
Lease Agreement for a new notice address for lessor, UH US Big Pine 2019, LLC, for operation
of the Monroe County Library at the Big Pine Key Shopping Center. Funding is Ad Valorem.
C6 Board granted approval to negotiate a Contract with Bender& Associates Architects,
P.A. (Bender) in response to the Request for Qualifications for Professional Architectural and
Engineering Services Facility Assessment and Design of the Jefferson Browne Redevelopment
Project. Bender was the only proposer, Subchapter 4(13)(2)(b)requires approval from the Board
to negotiate a contract. The project is funded by One Cent Infrastructure Sales Surtax Fund.
C7 Board granted approval and authorized execution of the 3rd Amendment to Agreement
with Advance Water Technology, Corp. to renew the Chemical Water Testing and Treatment
Services Contract for the third renewal of one year and to apply a CPI-U increase of 7%. The
new monthly payment amount is $1,440.85. Funding is Ad Valorem.
C8 Board granted approval and authorized execution of a Contract with WSP USA, Inc. for
Construction Engineering and Inspection Services for the Florida Keys Overseas Heritage Trail
Connection at Cudjoe Gardens Project in the maximum, not to exceed, amount of$117,658.20.
C9 Board granted approval and authorized execution of a Contract with Marino Construction
Group, Inc., in the amount of$282,820.00, for the construction of the Reduced Scope Key West
Lighthouse Oil Display and Tower Repairs Project to be paid by Tourist Development Council
Grant No. 2650.
C11 Board granted approval of a submission of a Grant Application to the U.S. Department of
Justice, Bureau of Justice Assistance for the Fiscal Year 2022 Edward Byrne Memorial Justice
Assistance Grant Program Local Solicitation, in the amount of$15,028.00, including support 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.
C12 Board granted approval and authorized execution of an Urban Area Security Initiative
Fiscal Year 2021 Memorandum of Agreement(MOA)with the City of Miami, concerning a
United States Department of Homeland Security Office of Grants and Training Grant, through
the State of Florida Division of Emergency Management Sub-Grant Agreement No. R0521, in
the amount of$264,836.00, with no county match required, and authorized the County
Administrator or designee to execute all documentation related to this MOA.
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C13 Board granted approval to award surplus units to the highest bidders as set forth in
Budget& Finance Purchasing Department Tabulation Sheet; and authorized the award of surplus
items to the next highest bidder(s), if necessary, until items are disposed of. Said tabulation
sheet is incorporated herein by reference.
C14 Board granted approval of a Grant Application and authorized execution of an Agreement
for State Aid to Libraries from the Florida Department of State, Division of Library and
Information Services, and authorized the County Administrator to sign any other required
documents.
C15 Board granted approval to negotiate a Contract with HDR Construction Control
Corporation, the highest ranked respondent for Construction Engineering and Inspection
Services for the Sands Subdivision Sea Level Rise Pilot Project, and if successful negotiations
cannot be reached, approval to negotiate a contract with the next highest ranked respondent until
successful negotiations are reached.
C16 Board adopted the following Resolutions concerning the Transfer of Funds and Receipt
of Unanticipated Revenue:
Receipt of Unanticipated Revenue (OMB Schedule Item No. 1).
RESOLUTION NO. 207-2022
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 208-2022
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Revenue (OMB Schedule Item No. 3).
RESOLUTION NO. 209-2022
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Revenue (OMB Schedule Item No. 4).
RESOLUTION NO. 210-2022
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 211-2022
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 212-2022
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 213-2022
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Revenue (OMB Schedule Item No. 8).
RESOLUTION NO. 214-2022
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Revenue (OMB Schedule Item No. 9).
RESOLUTION NO. 215-2022
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Revenue (OMB Schedule Item No. 10).
RESOLUTION NO. 216-2022
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 217-2022
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 218-2022
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 219-2022
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 220-2022
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 221-2022
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 222-2022
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 17).
RESOLUTION NO. 223-2022
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 18).
RESOLUTION NO. 224-2022
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 19).
RESOLUTION NO. 225-2022
Said Resolution is incorporated herein by reference.
C17 Board adopted the following Resolution authorizing Unlicensed Contractor Code
Investigator Douglas Peel, Jr. to issue citations for disposition in County Court.
RESOLUTION NO. 226-2022
Said Resolution is incorporated herein by reference.
C18 Board granted approval and authorized execution of the 2nd Change Order to the
Contract with Triple M Roofing Corp. for East Martello Roof Phase 11 Project, in the amount of
$360,487.82. This change order will add additional layers of Tremco fluid-applied roofing to the
entire East Martello roof increasing the warranty from 20 to 30-years. Additionally, a lightning
protect system will be added. Funding is provided through the existing Tourist Development
Council Grant.
C19 Board granted approval to award bid and authorized execution of a Construction Contract
for re-bid of the Florida Keys Overseas Heritage Trail Connection at Cudjoe Gardens Project to
Charley Toppino & Sons, Inc., in the amount of$535,197.93, to be completed in 180 calendar
days. The project is funded by Florida Department of Transportation Local Agency Program
Agreement, Tourist Development Grant and District 1 Transportation Impact Fees.
C20 Board accepted the report of monthly change orders for the month of July 2022, reviewed
by the County Administrator/Assistant County Administrator. Said report is incorporated herein
by reference.
C21 Board granted approval and authorized execution of the 4th Change Order to the Contract
with American Empire Builders, Inc. to replace one of six piles on the South side of Bimini
Drive bridge with a spread footing, column and modified end bent as a part of the Bimini Drive
Bridge (4904603) Replacement Project located on Duck Key. This change order is necessary to
reach load bearing capacity after three failed pile driving attempts due to sub surface conditions
differing from those indicated in the soil borings in the contract plans. The lump sum cost for this
additional work is $269,614.81, increasing the total contract sum to $3,999,909.19 and adding
134 days to the contract time.
C22 Board granted the request for expenditure for Federal Equitable Sharing Funds for Fiscal
Year 2022, in the amount of$230,791.99, to be used for equipment purchases and upgrades to
LPR (license plate recognition) static sites; and for the purchase of a Standard Underwater
Remote Operation Vehicle to be used to assist the dive team.
C23 Board granted approval of the Monroe County Purchasing Policy, which includes
clarifying language regarding sole source procurement, removal of reference to obsolete
Administrative Instruction 4800.13 for ordering business cards, and changes to attachments B.a.,
B.b., D.1, D.5, and D.11. Other minor changes were made to ensure consistency in policy
language.
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C25 Board granted approval and authorized execution of a three-year Contract Extension with
Environmental Systems Research Institute, Inc. Small Municipal and County Government
Enterprise License Agreement for Geographic Information Systems software on an unlimited
basis,plus software maintenance as provided in Quote No. Q-461006 in the amount of
$165,000.00 for three years ($55,000.00 annually)to be paid by the following
Departments/Agencies: Planning - $30,000.00; Monroe County Property Appraisers Office-
$36,000.00; Monroe County Sheriffs Office- $24,000.00; Engineering (Roads and Bridges
Department) - $30,000.00; and Information Technology - $45,000.00.
C27 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. SC323, for Fiscal Year 2022-2023 in the amount of
$93,750.00.
C28 Board granted approval and authorized execution of the 2nd Amendment to the
Agreement with Maverick United Elevator, LLC, for complete Elevator and Lift Service,
Maintenance and Repairs, to add the Marathon Library and delete the old Plantation Key
Detention Center. Funding is Ad Valorem.
TOURIST DEVELOPMENT COUNCIL
D1 Board granted approval and authorized execution of the 1st Amendment to the
Agreement with Keys Association of Dive Operators, Inc. to act as a Countywide Dive Umbrella
to make recommendations to the Tourist Development Council and the Board concerning dive
and snorkeling related marketing activities, extending the agreement for an additional 2-year
period.
D2 Board granted approval and authorized execution of an Agreement with Stuart Newman,
Associates, Inc. to provide public relations agency services which promote tourism.
D3 Board granted approval and authorized execution of an Agreement with Axis Travel
Marketing, LTD to provide International Travel Services in the United Kingdom, Ireland,
Scandinavia, Italy, Germany, Switzerland, and Benelux which promote tourism.
D4 Board announced one vacant position on the Tourist Development Council District I
Advisory Committee for one At Large appointment.
D5 Board granted approval of the Fiscal Year 2023 Monroe County Tourist Development
Council Marketing Plan.
D6 Board announced one vacant position on the Tourist Development Council District V
Advisory Committee for one At Large appointment.
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COUNTY LAND ACQUISITION AND LAND MANAGEMENT
G1 Board adopted the following Resolution granting approval of a Purchase Agreement of
property pending final Department of Economic Opportunity approval, funded by the
Community Development Block Grant-Disaster Recovery, Voluntary Home Buyout Program in
the amount of$460,000.00, 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. 227-2022
Said Resolution is incorporated herein by reference.
G2 Board granted approval and authorized execution of a Task Assignment(FK-177)with
the Florida Fish & Wildlife Conservation Commission to receive $100,000.00 which will allow
the County to hire a contracted crew of Invasive Exotic Plant Control Technicians to treat
invasive exotic plants on conservation lands that are owned or managed by Monroe County.
G3 Board granted approval and authorized execution of a Task Assignment(FK-179)with
the Florida Fish & Wildlife Conservation Commission to receive $50,000.00 which will allow
the County to hire a Contractor to treat invasive exotic plants on conservation lands that are
owned or managed by Monroe County.
ENGINEERING
J1 Board granted approval to negotiate a Contract with Kisinger Campo and Associates
Corporation, the highest ranked respondent, for Engineering Design and Permitting Services for
the Tubby's Creek Bridge Replacement Project, and if successful negotiations cannot be reached,
negotiate with the next highest ranked respondent until successful negotiations are reached.
J2 Board granted approval to negotiate a Contract with Kisinger Campo and Associates
Corporation, the highest ranked respondent, for Engineering Design and Permitting Services for
the Mosquito Creek Bridge Replacement Project, and if successful negotiations cannot be
reached, negotiate with the next highest ranked respondent until successful negotiations are
reached.
PLANNING& ENVIRONMENTAL RESOURCES
BUILDING& CODE COMPLIANCE DEPARTMENTS
K1 Board adopted the following Resolution amending Resolution 228-2020, the permitting
fee schedule, increasing fees based on the Consumer Price Index for all urban consumers for
Fiscal Year 2022; eliminating the $10.00 per plan page fees for submission of corrections and
revisions; and providing for an implementation date.
RESOLUTION NO. 228-2022
Said Resolution is incorporated herein by reference.
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K2 Board granted approval and authorized execution of an Inter-Local Agreement between
Monroe County and Islamorada, Village of Islands (Village), reimbursing the Village in an
amount, not to exceed, $14,000.00 from Boating Improvement Funds for costs to be incurred by
the Village during Fiscal Year 2023 for Regulatory Buoy Maintenance.
K3 Board granted approval of an Inter-Local Agreement between Monroe County and the
City of Marathon (City), reimbursing the City in an amount, not to exceed, $19,500.00 from
Boating Improvement Funds for costs to be incurred by the City during Fiscal Year 2023 for
33rd Street Boat Ramp Dock Repairs.
SHERIFF'S OFFICE
M1 Board granted approval and authorized execution of the 3rd Amendment to the 2019-
2024 Local Police Service Contract with Islamorada, Village of Islands, the Monroe County
Sheriffs Office, and the County.
M2 Board granted approval and authorized execution of the 1st Amendment to the 2021-2024
Local Police Service Contract with the City of Marathon, Monroe County Sheriffs Office, and
the County.
COMMISSIONER'S ITEMS
N1 Board granted approval of Mayor Rice's appointment of Tim Abner for a full 3-year term
to the Duck Key Security District Advisory Board, replacing James Nealis, with a term expiring
August 17, 2025.
N2 Board adopted the following Resolution requesting that the United States Congress
support robust funding for National Marine Sanctuaries and Marine Protected Areas within the
National Oceanic and Atmospheric Administration.
RESOLUTION NO. 229-2022
Said Resolution is incorporated herein by reference.
COUNTY CLERK
01 Board granted approval of the minutes from the regular meetings of April 20, 2022 and
May 18, 2022. Said minutes are incorporated herein by reference.
02 Board granted approval of BOCC Warrants 10107138-10108349 (AP); 28400-28501
(WC); all payroll direct deposited to employee's bank accounts for the month of July 2022, as
follows:
Fund Fund Title Amount
001 General Fund $6,445,647.19
101 Fine & Forfeiture $4,931,096.65
102 Road/Bridges $500,663.67
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Fund Fund Title Amount
104 Middle Keys Health Care MSTU $9,561.03
115 Tourist Development Council-Two Penn $559,374.66
116 TDC - Admin Promo 2 Cent $697,067.87
117 TDC - District 1 Third Cent $758,687.17
118 TDC - District 2 Third Cent $69,404.07
119 TDC - District 3 Third Cent $454,076.08
120 TDC - District 4 Third Cent $169,817.20
121 TDC - District 5 Third Cent $193,166.21
125 Grant Fund $875,743.57
130 Impact Fees/Roadways $26,725.10
131 Impact Fees/Parks $24,178.50
132 Impact Fees/Library $968.40
141 Fire/Ambulance $945,074.93
147 Unincorporated Service $258,273.15
148 Planning Building $569,048.67
149 Municipal Policing $684,412.51
150 E911 Enhancement Fund $169,542.01
152 Duck Key Security $8,126.47
153 Local Housing Assistance $11,334.13
157 Boating Improvement Fund $29,977.89
158 Miscellaneous Special Revenue Fund $173,668.57
160 Environmental Restoration $18,329.49
162 Law Enforcement Trust-600 $1,500.00
163 Court Facilities $9,262.51
164 Drug Facilities Fees $9,370.10
171 Stock Island Wastewater $3,565.16
175 Long Key-Layton MSTU $1,218.00
176 Duck Key MSTU $1,758.52
177 Canal 4266 MSBU $9,214.54
180 Building Funds $322,367.73
304 1 Cent Infrastructure $1,269,203.91
310 Big Coppitt Wastewater $18,085.60
312 Cudjoe Regional WW Project $30,587.86
314 Series 2014 Revenue Bonds $15,423.66
316 Land Acquisition $6,918.00
401 Card Sound Bride $96,537.35
403 Marathon Airport $123,741.46
404 Key West Intl Airport $4,193,163.36
406 PFC & Operating Restrictions $832,867.54
414 MSD Solid Waste $1,793,333.74
501 Workers' Compensation $192,292.69
502 Group Insurance Fund $1,110,511.54
503 Risk Management Fund $338,947.52
504 Fleet Management Fund $238,671.82
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03 Board granted approval to remove surplus equipment from inventory via disposal or
advertise for bid. Said inventory is incorporated herein by reference.
04 Board granted approval of Tourist Development Council expenses for the month of July
2022, as follows:
Vendor Amount
Advertising $ 969,155.37
Bricks & Mortar Projects $ 828,595.77
Events $ 147,468.94
Office Supplies & Operating Costs $ 23,056.01
Personnel Services $ 0.00
Public Relations $ 281,838.06
Sales & Marketing $ 80,285.57
Telephone &Utilities $ 17,729.40
Travel $ 2,975.21
Visitor Information Services $ 112,689.66
COUNTY ADMINISTRATOR
P1 Board accepted the County Administrator's monthly report for August 2022. Said report
is incorporated herein by reference.
P2 Board granted approval and authorized execution of a Contract with Casa Marina Lessee
LLC d/b/a Casa Marina Key West, Curio Collection by Hilton, for conference hosting and
implementation services for the 16th Annual Southeast Florida Regional Climate Change
Summit to be held in Key West on December 16-18, 2024 in the amount of$187,950.00. The
summit is being hosted by Monroe County on behalf of the Southeast Florida Regional Climate
Change Compact, a four-county partnership created for the purpose of collaborative planning
and implementation of adaptation and mitigation strategies related to climate change.
P5 Board adopted the following Resolution approving an Agreement with the State of
Florida to exchange lands on Big Pine Key to eliminate multiple encroachments along the
boundaries of the Big Pine Key Fire Station and former Road Prison, and authorized the Mayor
to execute this agreement and all documents related to the subject exchange.
RESOLUTION NO. 230-2022
Said Resolution is incorporated herein by reference.
P6 Board granted approval to negotiate with the vendors in rank order for the Culvert
Installation Water Quality Improvement Project on Canal 259 in Big Pine Key, funded by U.S.
Treasury Restore Act Grant No. 1 RDCGR170099-01-00; and waive a minor irregularity in the
response from the highest ranked vendor.
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P7 Board adopted the following Resolution approving the list of Monroe County's capital
and planning grant applications for the Resilient Florida Grant Program in 2022.
RESOLUTION NO. 231-2022
Said Resolution is incorporated herein by reference.
COUNTY ATTORNEY
Q2 Board granted authorization to initiate litigation against Jorge L. Cabrera and his property
located at 118 Arbor Lane, Tavernier, Florida, to seek compliance with the County Code and
enforce the lien(s) arising from Code Compliance Case Nos. CE16080164 and CE17080110.
Q3 Board granted authorization to enforce the code compliance lien(s) arising from Code
Compliance Case No. CE17030004 against Raymond J. Reigadas and Christine Reigadas and
their property, 325 Calusa Street, Lot 432, Key Largo, Florida, to seek compliance with the
County Code and enforce by adding this lien to ongoing litigation against property owners in
Case No. 20-CA-000464-P.
Q4 Board granted authorization to initiate litigation against Phoenix Holdings Monroe, Inc.
and their property, 1028 Snapper Lane, Key Largo, Florida, to seek compliance with the County
Code and enforce the lien(s) arising from Code Compliance Case No. CE18120004.
Q5 Board adopted the following Resolution clarifying and updating the membership
provisions of the Human Services Advisory Board(HSAB), updating that staff support is
provided by the Department of Budget and Finance, restating the functions of the HSAB, and
providing for a repeal of conflicting resolutions and an effective date.
RESOLUTION NO. 232-2022
Said Resolution is incorporated herein by reference.
Q7 Board granted approval of proposal from Florida League of Cities to renew the 2022-
2023 liability insurance and excess workers' compensation insurance program for an annual
premium of$438,960.00; and granted authorization for Risk Management Administrator to sign
all necessary documents. The premium represents a decrease of$78,400.00 (15.2%).
Q9 Board granted approval of a Conflict Waiver from the law firm of Bryant Miller Olive
(BMO), to allow BMO to represent PNC Bank, National Association (PNC) for purposes of
representing PNC in connection with Florida Grant Anticipation Note, Series 2022 and granted
approval for the County Attorney or his designee to sign the conflict waiver letter.
AIRPORTS
U1 Board adopted the following Resolution supporting the acquisition of the former Hawk
Missile Site through a land swap with the City of Key West in exchange for the County-owned
Higgs Memorial Beach Park.
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RESOLUTION NO. 233-2022
Said Resolution is incorporated herein by reference.
PROJECT MANAGEMENT
U2 Board adopted the following Resolution providing support for a Florida Recreation
Development Assistance Program Grant and affirming the County's ability to provide local
match funding for the Bernstein Park Upgrades Project.
RESOLUTION NO. 234-2022
Said Resolution is incorporated herein by reference.
PARKS & BEACHES
U3 Board granted approval and authorized execution of the 1 st Amendment to the
Construction Manager at Risk Agreement with Ajax Building Company in the amount of
$31,856,275.00 for the construction of a new Emergency Operations Center in Marathon to be
funded primarily by a series of grant agreements, minimizing the use of County capital funds.
PROJECT MANAGEMENT
U4 Board granted approval and authorized execution of a Settlement Agreement between
Monroe County, Florida, Magnolia, 101, LLC, and Brian Lindback as an officer of Magnolia
101, LLC, and Atlantic Trash & Transfer LLC, and authorized the County Attorney or his
designee to execute the agreement on behalf of the County.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
C10 Motion was made by Commissioner Coldiron and seconded by Commissioner Scholl
granting approval of a grant award of$173,334.00 from Florida Department of Law
Enforcement for the Residential Substance Abuse Treatment Program with a 25% match
requirement of$43,334.00 and authorizing execution of an Agreement with Guidance/Care
Center in the amount of$173,334.00 for the Men's Jail In-House Drug Abuse Treatment
Program Project, for the period of April 1, 2022, through March 31, 2023. Roll call vote carried
unanimously, with Mayor Rice abstaining due to a conflict.
C26 Motion was made by Commissioner Coldiron and seconded by Commissioner Scholl
granting approval and authorizing execution of the 1 st Amendment to extend the Disaster
Response and Recovery Agreement with DRC Emergency Services, LLC for debris removal for
seven months. Roll call vote carried unanimously, with Commissioner Raschein abstaining due
to a conflict.
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STAFF REPORT
El Sheryl Graham, Senior Director of Social Services, gave an update on services and
programs offered by Social Services.
COUNTY ATTORNEY
Q8 The following individual addressed the Board concerning discussion, as required by
Section 15 of the Unity of Title on 22777 Jolly Roger Drive, Cudjoe Key, on a request from
Olivia and Peter Poto for the release of said Unity of Title acquired through the Less-Than-Fee
Program: Attorney Carlos Lerman, representing the property owners. Bob Shillinger, County
Attorney, addressed the Board. The Board took no action.
STAFF REPORT
E2 Kimberly Matthews, Sr. Director of Strategic Planning and Libraries, gave a Power Point
Presentation on the Monroe County BOCC Strategic Plan 2020-2025: Refresh& Renew.
COUNTY ADMINISTRATOR
P4 Sarah Fangman, Superintendent of Florida Keys National Marine Sanctuary gave a
Power Point Presentation on Florida Keys National Marine Sanctuary Restoration Blueprint. The
following individual addressed the Board: Captain Will Benson, representing the Florida Keys
National Marine Sanctuary.
P3 Rhonda Haag, Chief Resilience Officer, gave a Power Point Presentation on the proposed
capital projects applications to be submitted under the Resilient Florida Grant Applications for
2022. Tina Boan, Senior Director of Budget& Finance; Roman Gastesi, County Administrator;
and Mr. Shillinger addressed the Board.
COMMISSIONER'S ITEM
N3 Mr. Shillinger addressed the Board regarding a requested dog park for Duck Key by
Duck Key Property Owners Association. A parcel at 104 Jamaica Street has been identified by
the association for this proposal. The Board took no official action.
COUNTY ATTORNEY
Q1 Mr. Shillinger referred the Board to the County Attorney Report for August 2022. Said
report is incorporated herein by reference.
Mr. Shillinger gave an update on an appellate ruling which will affect local workforce
housing.
Q6 Mr. Shillinger requested to hold an Attorney-Client Closed Session in the matter of
AshBritt, Inc. v Monroe County, FL and Florida Department of Transportation, Case No. CA-K-
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17-802, and read the required language into the record. Motion was made by Commissioner
Cates and seconded by Commissioner Scholl granting approval to hold the closed session at the
September 12, 2022 BOCC special budget meeting in Key West, Florida, at 4:00 p.m. or as soon
thereafter as the matter may be heard. Roll call vote carried unanimously, with Commissioner
Raschein abstaining due to a conflict.
COMMISSIONER'S COMMENTS
T Mr. Shillinger addressed the Board concerning the time approximate of the Public
Hearings and the Closed Sessions and potentially changing the scheduled times and the internal
processes.
Board discussed committee assignments that will be reviewed after the primary election
is held.
SOUNDING BOARD
S1 Richard Boettger addressed the Board regarding the County taking over Windstorm
Insurance. Mr. Shillinger addressed the Board. The Board took no official action.
PUBLIC HEARINGS
R1 A Public Hearing was held to consider approval of the annual rate Resolution for Canal
266 on Big Pine Key as part of the Canal Restoration Program, imposing an annual assessment
for the cost of Canal 266 operations and maintenance for Fiscal Year 2023. There was no public
input. Motion was made by Commissioner Cates and seconded by Commissioner Coldiron to
adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 235-2022
Said Resolution is incorporated herein by reference.
R2 A Public Hearing was held to consider approval of an Ordinance extending the One Cent
Infrastructure Sales Surtax beyond its current December 31, 2033 expiration date, scheduling of
a referendum as required by statute, and establishing the uses for the revenue stream created.
Kevin Wilson, Assistant County Administrator, addressed the Board. There was no public input.
After discussion, motion was made by Commissioner Cates and seconded by Commissioner
Coldiron to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 010-2022
Said Ordinance is incorporated herein by reference.
R3 A Public Hearing was held to consider approval of a Resolution to continue the
imposition of wastewater assessments and to set the annual rate for all previously approved
assessment rolls including Big Coppitt, Duck Key, Stock Island including Stock Island Phase 2,
Cudjoe Regional Centralized Inner& Outer Island and expanded parcels within the Cudjoe
Regional Service Area, East/West Long Key, No Name Key, Middle Torch and Big Torch Key
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service areas. The administrative cost associated with the imposition of wastewater assessments
is paid from the collection of the annual assessments. Mr. Wilson addressed the Board. There
was no public input. Motion was made by Commissioner Coldiron and seconded by
Commissioner Cates to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 236-2022
Said Resolution is incorporated herein by reference.
R4 A Public Hearing was held to consider approval of an Ordinance amending Section 25-4
of the Monroe County Code, increasing the towing and storage rates for law enforcement officer
requested tows. Mr. Shillinger addressed the Board. There was no public input. After discussion,
motion was made by Commissioner Coldiron and seconded by Commissioner Scholl to adopt the
following Ordinance, with revised language amending the after-hours gate fee from $100.00 to
$200.00,to be consistent with the City of Marathon. Motion carried unanimously. Board
directed staff to review this Ordinance every two years.
ORDINANCE NO. 011-2022
Said Ordinance is incorporated herein by reference.
R5 A Public Hearing was held to consider approval of a Resolution approving an
Amendment to the Hawks Cay Expansion Development of Regional Impact, including relocation
of existing square footage available for expansion from Development Corridor 4 and the
Convention Facilities to the Commercial Marina area, and recognition of nonconforming square
footage, in order to redevelop and expand the marina store located at the development site
commonly known as Hawks Cay, located on Duck Key, currently having Property Identification
Nos. 00378390-000000, 00378380-000000, and 00378380-000102. Emily Schemper, Sr.
Director Planning & Environmental Resources, gave a Power Point Presentation. There was no
public input. After discussion, motion was made by Commissioner Coldiron and seconded by
Commissioner Cates to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 237-2022
Said Resolution is incorporated herein by reference.
R6 A Public Hearing was held to consider approval of an Ordinance revising Section 2-79 of
the Monroe County Code, regarding membership of the Monroe County Personnel Policies and
Procedures Review Board, to eliminate references to the Employee Relations Committee and
provide an alternate method of selecting non-supervisory employees and a direct online
supervisor to sit on the Review Board. Bryan Cook, Director of Employee Services, addressed
the Board. There was no public input. Motion was made by Commissioner Raschein and
seconded by Commissioner Coldiron to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 012-2022
Said Ordinance is incorporated herein by reference.
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R7 A Public Hearing was held to consider approval of an Ordinance proposing Evaluation
and Appraisal Amendments to the 2030 Comprehensive Plan. Ms. Schemper addressed the
Board. There was no public input. Motion was made by Commissioner Cates and seconded by
Commissioner Raschein to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 013-2022
Said Ordinance is incorporated herein by reference.
Ms. Schemper addressed the Board concerning the following two items (R8 and R9).
There was no public input. After discussion, Motion was made by Commissioner Cates and
seconded by Commissioner Coldiron to adopt the following two Ordinances:
R8 A Public Hearing to consider approval of an Ordinance amending Monroe County
Comprehensive Plan Policy 212.2.4 to allow certain accessory structures within the shoreline
setback;providing for severability;providing for repeal of conflicting provisions; providing for
transmittal to the State Land Planning Agency and Secretary of State;providing for inclusion in
the Monroe County Comprehensive Plan;providing for an effective date.
ORDINANCE NO. 014-2022
Said Ordinance is incorporated herein by reference.
R9 A Public Hearing to consider approval of an Ordinance amending Monroe County Land
Development Code Section 118-12 to allow certain accessory structures within the shoreline
setback;providing for severability;providing for repeal of conflicting provisions; providing for
transmittal to the State Land Planning Agency and Secretary of State;providing for inclusion in
the Monroe County Land Development Code; providing for an effective date.
ORDINANCE NO. 015-2022
Said Ordinance is incorporated herein by reference.
Motion carried unanimously.
R10 A Public Hearing was held to consider approval of an Ordinance amending Land
Development Code Section 130-140 to establish a purpose and intent, boundary, transfers of
nonresidential square footage into the Safe Harbor Community Center, permitted and conditional
uses, maximum density for hotel/motel and minimum open space, maximum nonresidential land
use intensities and district open space,parking, setbacks, and signage. Ms. Schemper addressed
the Board. Cheryl Cioffari, Assistant Director of Planning, gave a Power Point Presentation.
There was no public input. After discussion, motion was made by Commissioner Scholl and
seconded by Commissioner Cates to adopt the following Ordinance, including changes
recommended by staff. Motion carried unanimously.
ORDINANCE NO. 016-2022
Said Ordinance is incorporated herein by reference.
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R11 A Public Hearing was held to consider approval of an Ordinance amending the Monroe
County Land Use District(Zoning) Map to Apply the Safe Harbor Community Center Overlay
District for properties located at approximate Mile Marker 5, as proposed Smith/Hawks PL on
behalf of Bama One, LLC; Bernstein Benjamin Residuary TR B U/T/T; Bernstein Benjamin
Trust B; Byron Colley and Tonita A Davis H/W; Constellation Yachts, Inc.; Harbor Bay
Investments, LLC; JKYD, LLC; K W Resort Utilities Corp.; Key West Transfer Station &
Hauling Service, Inc„ Keys Fresh Seafood, LLC; Longstock 11, LLC; Robbie's Safe Harbor
Marine Enterprises; Safe Harbor Enterprises, LLC; Safe Harbor Properties, LLC and SIMV
Hotel 1, LLC. There was no public input. After discussion, motion was made by Commissioner
Raschein and seconded by Commissioner Cates to adopt the following Ordinance. Motion
carried unanimously.
ORDINANCE NO. 017-2022
Said Ordinance is incorporated herein by reference.
R12 A Public Hearing was held to consider approval of an Ordinance amending Chapter 18,
Parks and Recreation, of the Monroe County Code, to add a new Section 18-4 prohibiting
smoking within the boundaries of Monroe County Public Parks and Beaches. There was no
public input. Motion was made by Commissioner Coldiron and seconded by Commissioner
Scholl to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 018-2022
Said Ordinance is incorporated herein by reference.
R13 A Public Hearing was held to consider approval of an Ordinance amending Section 25-7
of the Monroe County Code, increasing the towing and storage rates for non-consensual tows
and eliminating unnecessary permitting requirements. There was no public input. Motion was
made by Commissioner Coldiron and seconded by Commissioner Scholl to adopt the following
Ordinance. Motion carried unanimously.
ORDINANCE NO. 019-2022
Said Ordinance is incorporated herein by reference.
R14 A Public Hearing was held to consider approval of a Resolution adopting the Final Duck
Key Security District Non-Ad valorem special assessment rates for Fiscal Year 2022-2023 and
approval of Non-Ad Valorem Assessment Roll Certificate to be provided to the Tax Collector by
September 15, 2022. Ms. Boan addressed the Board. There was no public input. Motion was
made by Commissioner Coldiron and seconded by Commissioner Raschein to adopt the
following Resolution. Motion carried unanimously.
RESOLUTION NO. 238-2022
Said Resolution is incorporated herein by reference.
R15 A Public Hearing was held to consider approval of a Resolution adopting the final
Residential Solid Waste Collection, Disposal and Recycling non ad valorem special assessment
rates for Fiscal Year 2022/2023. There was no public input. Motion was made by Commissioner
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Raschein and seconded by Commissioner Scholl to adopt the following Resolution. Motion
carried unanimously.
RESOLUTION NO. 239-2022
Said Resolution is incorporated herein by reference.
R16 A Public Hearing was held to consider approval of a Resolution establishing the final per
month Solid Waste Collection Service Rates for commercial property in the various solid waste
collection franchisee areas, for Fiscal Year 2023. Cheryl Sullivan, Director of Solid Waste
Management; and Mr. Shillinger addressed the Board. There was no public input. Motion was
made by Commissioner Scholl and seconded by Commissioner Raschein to continue the Public
Hearing to the September 12, 2022 meeting at 5:00 p.m. to allow for publication of the final
commercial rates in the newspaper 20 days in advance of the hearing in accordance with Monroe
County Code, Sec. 21-74. Motion carried unanimously.
R17 A Public Hearing was held to consider approval of an Emergency Ordinance creating
Pine Channel Nature Park and providing park hours and permissible and prohibited activities.
There was no public input. Motion was made by Commissioner Coldiron and seconded by
Commissioner Scholl to adopt the following Ordinance. Motion carried unanimously.
ORDINANCE NO. 020-2022
Said Ordinance is incorporated herein by reference.
Il A Public Hearing was held concerning the County's proposed issuance of, not to exceed,
$50,000,000.00 in aggregate principal amount of Monroe County, Florida Airport Revenue
Bonds (Key West International Airport), Series 2022. There was no public input. Motion was
made by Commissioner Raschein and seconded by Commissioner Coldiron granting approval of
the item. Motion carried unanimously.
AIRPORTS
I10 Richard Strickland, Director of Airports, gave a Power Point Presentation supporting
approval of a Supplemental Resolution authorizing the issuance of Monroe County Airport
Revenue Bonds to finance and refinance various costs of capital improvements to Key West
International Airport and approval of the terms and details of said Series 2022 bonds. Ken
Cushine, of Raskin & Associates, Inc.; and Mr. Gastesi addressed the Board. After discussion,
motion was made by Commissioner Coldiron and seconded by Commissioner Rashein to adopt
the following Resolution. Roll call vote carried unanimously.
RESOLUTION NO. 20613-2022
Said Resolution is incorporated herein by reference.
III Motion was made by Commissioner Coldiron and seconded by Commissioner Scholl
adopt the following Resolution approving and accepting the proposal of PNC Bank to provide
the County with a non-revolving line of credit of up to $10,000,000.00 to finance and refinance
Page 118 08/17/2022
costs related to the Concourse A Expansion at Key West International Airport. Motion carried
unanimously.
RESOLUTION NO. 241-2022
Said Resolution is incorporated herein by reference.
I8 Pedro Mercado, Senior Assistant County Attorney, addressed the Board concerning
approval of the Guaranteed Maximum Price 1 st Amendment with NV2A Gulf Keystar, a Joint
Venture, LLC in the amount of$5,519,641.00 for Key West International Airport Concourse A
and Terminal Improvements program, to be funded by the PNC Line of Credit. Motion was
made by Commissioner Scholl and seconded by Commissioner Coldiron granting approval of the
item and to redact the financials from the amendment that are confidential and exempt by
removing pages 192-195 inclusive. Motion carried unanimously.
Motion was made by Commissioner Cates and seconded by Commissioner Raschein
granting approval of the following items by unanimous consent:
12 Board granted approval and authorized execution of the 2nd Amendment to State of
Florida Department of Transportation Public Transportation Grant Agreement No. G2090, as
executed by the Director of Airports,providing $6,157,371.00 in funding for the Concourse A
Terminal Expansion Program at Key West International Airport; requires a 50% match from the
anticipated 2022 Airport Bond Funds.
I3 Board granted approval and authorized execution of the 2nd Amendment to State of
Florida Department of Transportation Public Transportation Grant Agreement No. GI V31 as
executed by the Director of Airports providing an additional $250,000.00 in funding for essential
airport equipment for Key West International Airport; requires a 50% match from Airport
Operating Fund 404.
I4 Board adopted the following Resolution and granted approval and authorized execution
of a Sponsorship Agreement with Race World Offshore, LLC for Key West International Airport
to sponsor Race World Offshore for the internationally sanctioned 41st Anniversary World
Championship Powerboat Races in Key West under Airport promotional sponsorships
Resolution No. 123-2021.
RESOLUTION NO. 240-2022
Said Resolution is incorporated herein by reference.
I5 Board granted approval and authorized execution of the 8th Amendment to the Lease
Agreement and associated lease extension with the Conch Flyer Concessions LLC, the parent
company of which Master Concessions LLC and Concessions Development Group, LLC at Key
West International Airport for purposes of building out the concessionaire's new lease spaces,
funded entirely by Master Concessions LLC, in Concourse A regarding build out of new lease
spaces in Concourse A.
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I6 Board accepted the report of Airport change orders for the month of July 2022 reviewed
by the County Administrator/Assistant County Administrator. Said report is incorporated herein
by reference.
I7 Board granted approval and authorized execution of a Construction Manager at Risk
Agreement with NV2A Gulf Keystar, a Joint Venture, LLC for construction activities in the total
amount of$100,349,259.00, which includes $97,426,465.00 for project costs and $2,922,794.00
in owner-controlled allowances, for Key West International Airport Concourse A and Terminal
Improvements program, to be funded by Florida Department of Transportation Grant No. G2090,
Federal Aviation Administration Airport Improvement Program Entitlement Grants, Covid
Relief Grants, Bipartisan Infrastructure Law Grants and/or the 2022 Airport Bonds.
I9 Board adopted the following Resolution authorizing the issuance of Monroe County
Airport Revenue Bonds to finance and refinance various costs of capital improvements to Key
West International Airport,providing a pledge of the net revenues derived from the operation of
Key West International Airport and certain eligible PFC revenues to secure payment of the
principal of and interest on said bonds.
RESOLUTION NO. 206A-2022
Said Resolution is incorporated herein by reference.
Motion carried unanimously.
CLOSED SESSIONS
L1 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 September 21, 2022 meeting in Key Largo, Florida. Motion was made by
Commissioner Raschein and seconded by Commissioner Coldiron to continue the Attorney-
Client Closed Session. Motion carried unanimously.
L2 Mr. Shillinger announced the 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
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 Derek Howard and
Cynthia Hall; and a certified court reporter.
Mayor Rice declared the open session of the meeting closed. After the closed session,
the meeting was re-opened.
Page 120 08/17/2022
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
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