04/19/2023 Regular MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, April 19, 2023
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 Michelle Lincoln,
Commissioner Holly Raschein, Commissioner David Rice, Commissioner Jim Scholl, and
Mayor Craig Cates. Also present at the meeting were Roman Gastesi, County Administrator;
Bob Shillinger, County Attorney; Kevin Madok, County 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 Lincoln
granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried
unanimously.
PRESENTATION OF AWARDS
B1 Presentation of Years of Service Award in recognition of 25 years of service to Ed Lowe,
Deputy Director, Monroe County Fleet Management.
B2 Presentation of Mayor's Proclamation to declare the month of April 2023 as Fair Housing
Month.
B3 Presentation of an Honorary Conch Certificate to Kathleen McKinney for 40 years of
dedication and commitment to the community.
B4 Presentation of a Proclamation to declare April 15th through 22nd, 2023 as Dark Sky
Week.
B5 Presentation of Mayor's Proclamation to declare May 21st through 27th, 2023 as
Emergency Medical Services Week in Monroe County, Florida.
BULK APPROVALS
Motion was made by Commissioner Lincoln and seconded by Commissioner Raschein
granting approval of the following items by unanimous consent:
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C1 Board granted approval of a three-year Renewal with Minnesota Life Insurance Company
for Group Term Life/Accidental Death and Dismemberment and Supplemental Life Insurance
effective October 1, 2023 through December 31, 2026 with plan updates; and granted approval
for the Employee Services Director to sign all necessary documents.
C2 Board granted approval and authorized execution of a 2nd Amendment to the Agreement
with Buccaneer Courier to provide for an annual CPI-U adjustment of 6%, effective May 1,
2023.
C3 Board granted approval and authorized execution of a Lease Agreement with the State of
Florida Department of Health, Monroe County Health Department to provide continued office
space at the Gato Building, 1100 Simonton Street, Key West, Florida. The County leases the
space to the Health Department at no cost for the year.
C4 Board granted approval and authorized execution of a Lease Agreement with the State of
Florida Department of Health, Monroe County Health Department to provide continued office
space at the Roth Building, 50 High Point Road, Tavernier, Florida. The County leases the space
to the Health Department at no cost for the year.
C5 Board granted approval and authorized execution of a Lease Agreement with the State of
Florida Department of Health, Monroe County Health Department to provide continued office
space at the Ruth Ivins Center, 3333 Overseas Highway, Marathon, Florida. The County leases
this space to the Health Department at no cost for the year.
C6 Board granted approval to purchase four Powered Ambulance Cots/Stretchers and two
Powered Loading Lift Systems from Stryker, sole source provider, in the amount of$161,158.39.
The purchase includes two additional years (three years total, one year is included) of onsite
preventative maintenance, unlimited repairs coverage, and freight costs.
C7 Board granted approval and authorized execution of a 4th Amendment to the Agreement
with Beach Raker, LLC, for Professional Beach Cleaning, Maintenance, and Beautification at
Higgs Beach in Key West with a CPI-U increase of 6.5%, retroactive to April 1, 2023. Funding
is through the Tourist Development Council.
C8 Board granted approval and authorized execution of a 3rd Amendment to the Task Order
with RS&H, Inc. for Construction Engineering and Inspection Services for the 1st Street and
Bertha Street(Key West) Roadway and Drainage Improvement Project. This task order is being
increased due to construction extending beyond the contract time in the maximum, not to exceed,
amount of$62,138.96, revising the total contract amount to $780,681.25.
C9 Board granted approval and authorized execution of a 7th Amendment to the Agreement
with EAC Consulting, Inc. for engineering design of the 1st Street and Bertha Street Roadway
Improvement Project(Key West) to add post design services due to extended construction
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contract time in the maximum, not to exceed, amount of$6,888.00, revising the total contract
amount to $521,027.16.
C10 Board granted approval to advertise a Public Hearing to consider adoption of an
Ordinance amending Chapter 18, Article 1, of the Monroe County Code to add Section 18-5 for
Children's Playground Regulations; amending Chapter 18, Article 1, to add Section 18-6 for
Recreation Device Regulations; amending Chapter 18, Article 1 to add Section 18-7 for
Commercial Activity Regulations; amending Chapter 18, Article II Sections 18-26, 18-27, and
18-28 to delete references to Children's Park Areas and Commercial Activities; providing for
severability; providing for repeal of all Ordinances inconsistent herewith; providing for
incorporation into the Monroe County Code of Ordinances; and providing for an effective date.
C11 Board granted approval to add one new full-time equivalent Division Chief position in
the Fiscal Year 2023 operating budget for Monroe County Fire Rescue (MCFR), as previously
approved. MCFR is seeking to formalize the department's organizational structure by designating
specific technical divisions. This position will serve as part of the command staff of the fire
department operations/administration and will have the rank of Division Chief.
C12 Board granted approval and authorized execution of a renewal of a Class A Certificate of
Public Convenience and Necessity (COPCN) to Key Largo Volunteer Ambulance Corps., Inc.
The renewal COPCN is for the operation of an Advanced Life Support Transport Service for the
period April 20, 2023 to April 19, 2025.
C13 Board granted approval to advertise a Public Hearing to consider adoption of an
Ordinance regarding Monroe County Parks and Beaches Summer Camp Program. The Public
Hearing shall be held at the Board of County Commissioners regular meeting on May 17, 2023,
in Key West, Florida.
C14 Board granted approval and authorized execution of an Agreement with Sea Tech of the
Florida Keys, Inc. in the amount of$122,115.00 for the Big Pine Community Park Flood Panels
Project. Sea Tech was the lowest responsible, responsive bidder to the request for proposals. This
project is part of the Hurricane Irma recovery and mitigation.
C15 Board granted approval to install stop signs on 4th Street on Big Coppitt at the
intersection of 4th Street and Avenue F to create a four-way stop condition instead of the current
two-way stop condition.
C16 Board accepted the Report of monthly Change Orders for the month of March 2023,
reviewed by the County Administrator/Assistant County Administrator. Said report is
incorporated herein by reference.
C17 Board granted approval and authorized execution of a 3rd Amendment to the
Construction Manager at Risk Agreement with Ajax Building Company, LLC to clarify items
that fall within general conditions. No changes to the funding are proposed.
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C18 Board granted approval and authorized execution of an Agreement with Gartner, Inc., in
the amount of$46,267.00, for research and analysis of products and systems for the County in
selecting hardware, software solutions, telecom, and other information technology services.
C19 Board granted approval and authorized execution of an Agreement with Cintas
Corporation No. 2 by utilizing a Master Cooperative Purchase OMNIA Contract No. R-BB-
19002, for employee uniform leasing and facilities maintenance supplies with Cintas Corporation
No. 2. The original contract is with Prince William County School Board in Virginia and Cintas
Corporation No. 2 for uniform services and facilities maintenance supplies. The original term of
the agreement was through October 31, 2023, and has been extended to October 31, 2027. At this
time, Facilities Maintenance, Correction Facilities, Parks and Beaches, and Roads and Bridges
will be utilizing this agreement, however other departments with union employees may choose to
participate at a later date. Funding is Ad Valorem.
C21 Board granted approval and authorized execution of a Contract with Barracuda Builders
of Key West, Inc., in the amount of$1,265,390.00, for construction of the Higgs Beach
Restroom Replacement. This project is funded by a Tourist Development Council Grant.
C22 Board adopted the following Resolutions concerning the Transfer of Funds and the
Receipt of Unanticipated Revenue:
Transfer of Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 126-2023
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 127-2023
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 128-2023
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 129-2023
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 130-2023
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 131-2023
Said Resolution is incorporated herein by reference.
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Transfer of Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 132-2023
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 133-2023
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 134-2023
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 135-2023
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 136-2023
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 137-2023
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 138-2023
Said Resolution is incorporated herein by reference.
TOURIST DEVELOPMENT COUNCIL
D1 Board granted approval and authorized execution of a 1st Amendment to the Agreement
with Old Island Restoration Foundation, Inc. to extend the completion date of the Restore and
Improve Oldest House Project to September 30, 2024; and to revise Exhibit A outlining scope of
services for the project.
D2 Board granted approval and authorized execution of a 1 st Amendment to the Agreement
with the National Marine Sanctuary Foundation, Inc. for the National Marine Sanctuary
Foundation Anchor Installation - Marathon Project to extend the completion date of the project
to September 30, 2024.
D3 Board granted approval and authorized execution of a 3rd Amendment to the Agreement
with Dolphin Research Center, Inc. (DRC) for the DRC Restore Dolphin Lagoons Project to
extend the completion date to September 30, 2024.
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D4 Board granted approval and authorized execution of a 1 st Amendment to the Agreement
with Dolphin Research Center, Inc. (DRC) for the DRC Sea Lion Habitat Project to extend the
completion date to September 30, 2024.
D5 Board granted approval and authorized execution of a 1 st Amendment to the Agreement
with Friends of the Pool, Inc. for the Alligator Reef Light Station Restoration Phase I Project to
extend the completion date to September 30, 2024.
D6 Board granted approval and authorized execution of a 1 st Amendment to the Agreement
with the National Marine Sanctuary Foundation, Inc. for the National Marine Sanctuary
Foundation Anchor Installation - Islamorada Project to extend the completion date of the project
to September 30, 2024.
D7 Board granted approval and authorized execution of a 1 st Amendment to the Agreement
with Islamorada, Village of Islands to extend the Village of Islamorada Beach and Beach Park
Facility Cleaning Project until September 30, 2026.
D8 Board granted approval and authorized execution of a 1 st Amendment to the Agreement
with Islamorada, Village of Islands for the Library Beach Park Inclusive Playground Project to
extend the completion date to September 30, 2024.
D9 Board granted approval and authorized execution of a 1 st Amendment to the Agreement
with the National Marine Sanctuary Foundation, Inc. for the National Marine Sanctuary
Foundation Anchor Installation - Key Largo Project to extend the completion date to September
30, 2024.
D10 Board granted approval and authorized execution of an Agreement with Integrity
Multisport, Inc. for the Run Conch Republic destination event, in an amount, not to exceed,
$17,000.00, utilizing DAC I Fiscal Year 2023 event resources funds.
D11 Board granted approval to rescind the Generations Offshore Fishing Event Agreement
with National Marine Sanctuary Foundation, Inc. at the request of the Grantee.
D12 Board announced one vacant position on the Tourist Development Council District 11
Advisory Committee for one "At Large" appointment.
D13 Board granted approval of the appointment of Mr. Chris Fogarty, the sole applicant, to
fill one "At Large" appointment to the Tourist Development Council District I Advisory
Committee.
D14 Board granted approval of the appointment of Mr. Michael Mayer to fill one "At Large"
appointment to the Tourist Development Council District V Advisory Committee.
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COUNTY LAND ACQUISITION AND LAND MANAGEMENT
F 1 Board granted approval and authorized execution of a 3rd Amendment to the
Subrecipient Agreement with the Department of Economic Opportunity for the Community
Development Block Grant-Disaster Recovery (CDBG-DR) Voluntary Home Buyout Program
funded through CDBG-DR funds to extend the term to June 3, 2024; with no local match
requirement.
F2 Board granted approval and authorized execution of a 1 st Amendment to the Agreement
for Purchase of property, funded by the Community Development Block Grant-Disaster
Recovery Voluntary Home Buyout Program, in the amount of$174,000.00, to extend the
agreement for an additional 90 days.
F3 Board granted approval and authorized execution of a 1 st Amendment to the Agreement
for Purchase of property, funded by the Community Development Block Grant-Disaster
Recovery Voluntary Home Buyout Program, in the amount of$174,000.00, to extend the
agreement for an additional 90 days.
F4 Board granted approval to advertise a Public Hearing to consider adoption of an
Ordinance adding Section 2-428 through 2-432 to the Monroe County Code; to establish a
definition of Monroe County Conservation Lands; to define the role of the County Land
Stewardship Program in the management of said lands; and to create a process to add County-
owned properties to the inventory of said lands.
F5 Board granted approval and authorized execution of a 1 st Amendment to the Agreement
for Purchase of property, funded by the Community Development Block Grant-Disaster
Recovery Voluntary Home Buyout Program, in the amount of$825,000.00, to extend the
agreement for an additional 90 days.
AIRPORTS
I1 Board granted approval to award bid and authorized execution of a Contract to sole
bidder Pedro Falcon Contractors, Inc., in the amount of$1,270,969.65, for the Automated
Surface Observation System Relocation Project at Florida Keys Marathon International Airport
(MTH). The project is funded by Florida Department of Transportation Grant No. G1237 (80%)
and MTH Airport Operating Fund 403 (20%).
I2 Board granted approval and authorized execution of Task Order No. 2022-33 with Jacobs
Project Management Company, in the amount of$77,933.00, for construction support services
during the Automated Surface Observing System Relocation Project at Florida Keys Marathon
International Airport(MTH). The project is funded by MTH Florida Department of
Transportation Grant No. G1237 (80%) and MTH Airport Operating Fund 403 (20%).
I3 Board granted approval and authorized execution of a 6th Amendment to the Agreement
with Cliffhanger Janitorial, Inc., for Janitorial Services at Key West International Airport,
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increasing the annual contract sum by 6.5% CPI adjustment, from $482,471.00 per year to
$513,831.62 per year. The agreement is fully funded by Airport Operating Fund 404.
I4 Board granted approval and authorized execution of a 1 st Amendment to the Airport
Operating Agreement with Rasier-DC, LLC (Uber), to continue to operate its transportation
network business at Key West International Airport through June 30, 2027, and increasing the
per trip pickup fee from $3.00 to $3.50.
I5 Board granted approval and authorized execution of Task Order No. 2022-38 with Jacobs
Project Management Company, in the amount of$213,316.00, for Design, Bidding, Construction
Administration and Resident Project Representative Services for the Runway 9/27 Repair Project
at Key West International Airport(EYW). The task order is being funded by an anticipated EYW
Federal Aviation Administration Entitlement Grant(90%), Florida Department of Transportation
Grant No. G1007 and/or Grant No. G2E62 (5%), and Airport Operating Fund 404 (5%).
I6 Board granted approval and authorized execution of an Underground Extension and
Inspection Agreement Line Extension No. 891, in the amount of$60,287.51, with Keys Energy
Services, for 550 linear feet of extended energy services for the Concourse A Terminal and
Improvements Program at Key West International Airport, to be funded from Airport Operating
Fund 404.
I7 Board accepted the Report of Airport Change Orders for the month of March 2023,
reviewed by the County Administrator/Assistant County Administrator. Said report is
incorporated herein by reference.
I8 Board granted approval and authorized execution of a 1 st Amendment to the
Construction Manager at Risk Prime Construction Agreement with NV2A Gulf Keystar, a Joint
Venture, LLC, to amend Article 5.3.1 of the original agreement to clarify that costs incurred by
the construction manager include overhead and profit as part of the construction manager's fee.
I9 Board granted approval to use funding currently allocated to the Owner's Allowance
Account in Construction Manager at Risk Guaranteed Maximum Price 2nd and 3rd Amendments
to cover the cost of the Builder's Risk insurance premium required for the Concourse A
Terminal and Improvements Program at Key West International Airport.
I10 Board granted approval to waive bid irregularities and award bid and authorized
execution of a Contract to sole bidder Florida Keys Electric, Inc. in the amount of$379,000.00
for replacement of the existing airport beacon pole at Key West International Airport. Total
project cost to be funded by the Passenger Facility Charge No. 18.
I11 Board granted approval and authorized execution of 1st Amendments to the On-Airport
Rental Car Concession Agreements with Avis Budget Car Rental, LLC, Enterprise Leasing
Company of Florida, LLC and The Hertz Corporation, to replace Exhibit B attached to the
original agreements that depict the assignment of ready return parking spaces. The three
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companies agreed to the re-alignment of the rental car ready return spaces to minimize the
movement of parking spaces and signage at Key West International Airport.
PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE
COMPLIANCE DEPARTMENTS
Jl Board granted approval and authorized execution of a Contract with AECOM Technical
Services, Inc. for Transportation Planning Services. The contract is for four-years of continuing
services with options for renewal on an annual basis for two additional years.
J2 Board granted approval to reappoint Ms. Venetia Flowers, layperson, to one additional
three-year term to the Contractors' Examining Board, with a term beginning June 17, 2023; and
expiring June 17, 2026.
J3 Board granted approval and authorized execution of a Contract with Arnold's Auto &
Marine Repair, Inc. for the removal, refloating and/or demolition and disposal of derelict vessels,
floating structures, and marine debris.
J4 Board granted approval and authorized execution of a Contract with ACT Environmental
& Infrastructure, Inc. for the removal, refloating and/or demolition and disposal of derelict
vessels, floating structures, and marine debris.
J5 Board granted approval and authorized execution of a Contract with Adventure
Environmental, Inc., for the removal, refloating and/or demolition and disposal of derelict
vessels, floating structures, and marine debris.
J6 Board granted approval and authorized execution of a Contract with ASAP, Inc., for the
removal, refloating and/or demolition and disposal of derelict vessels, floating structures, and
marine debris.
J7 Board granted approval and authorized execution of a Contract with Coffin Marine
Services, Inc. for the removal, refloating and/or demolition and disposal of derelict vessels,
floating structures, and marine debris.
J8 Board granted approval and authorized execution of a Contract with DRC Emergency
Services, LLC for the removal, refloating and/or demolition and disposal of derelict vessels,
floating structures, and marine debris.
J9 Board granted approval and authorized execution of a Contract with Hutchings and Sons,
Inc., for the removal, refloating and/or demolition and disposal of derelict vessels, floating
structures, and marine debris.
J10 Board granted approval and authorized execution of a Contract with Kearns Construction
Company for the removal, refloating and/or demolition and disposal of derelict vessels, floating
structures, and marine debris.
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Jl 1 Board granted approval and authorized execution of a Contract with Key West Harbor
Services, Inc. for the removal, refloating and/or demolition and disposal of derelict vessels,
floating structures, and marine debris.
J12 Board adopted the following Resolution extending the reservation of 10 affordable, low
income, rate of growth allocations,pursuant to Monroe County Code Section 138-24(b) for a 10-
unit affordable housing development located at 31 South Conch Avenue, and 2 North Conch
Avenue, Conch Key, currently having property identification numbers 00385780-000400 and
00385780-000000 (approximate mile marker 63), through October 16, 2023.
RESOLUTION NO. 139-2023
Said Resolution is incorporated herein by reference.
COMMISSIONER'S ITEMS
L2 Board adopted the following Resolution to authorize the use of Tourist Development tax
revenues to fund the Monroe County 200th Anniversary Celebration at Rowell's Waterfront
Park, in Key Largo, on June 17, 2023.
RESOLUTION NO. 140-2023
Said Resolution is incorporated herein by reference.
L3 Board adopted the following Resolution to authorize the use of Tourist Development tax
revenues to fund the Monroe County 200th Anniversary Celebration event at the Old 7 Mile
Bridge, in Marathon, on May 19, 2023.
RESOLUTION NO. 141-2023
Said Resolution is incorporated herein by reference.
L4 Board granted approval of Commissioner Lincoln's reappointment of Darcy Wadsworth
to the Parks and Recreation Board, retroactive to March 22, 2023, with a term to expire March
22, 2027.
COUNTY CLERK
M1 Board granted approval of Tourist Development Council expenses for the month of
March 2023, as follows:
Vendor Amount
Advertising $5,474,677.89
Bricks & Mortar Projects $26,441.44
Events $210,504.98
Office Supplies & Operating Costs $28,786.42
Personnel Services $247,583.02
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Vendor Amount
Public Relations $124,249.12
Sales & Marketing $76,530.68
Telephone & Utilities $23,276.57
Travel $25,150.71
Visitor Information Services $83,704.33
M2 Board granted approval of BOCC Warrants 10116697-10116913 (AP); 29177-29290
(WC); all payroll direct deposited to employee's bank accounts for the month of March 2023, as
follows:
Fund Fund Title Amount
001 General Fund $4,768,199.80
101 Fine & Forfeiture $5,278,282.03
102 Road/Bridges $227,671.38
115 Tourist Development Council-Two $950,054.56
Penn
116 TDC - Admin Promo 2 Cent $1,931,276.41
117 TDC - District 1 Third Cent $2,406,635.58
118 TDC - District 2 Third Cent $547,833.87
119 TDC - District 3 Third Cent $1,069,996.36
120 TDC - District 4 Third Cent $462,435.44
121 TDC - District 5 Third Cent $872,464.65
125 Grant Fund $631,256.77
130 Impact Fees/Roadways $161,663.55
131 Impact Fees/Parks $774.00
141 Fire/Ambulance $469,441.98
147 Unincorporated Service $211,511.91
148 Planning Building $349,553.10
149 Municipal Policing $725,779.49
150 E911 Enhancement Fund $41,213.36
152 Duck Key Security $7,363.09
153 Local Housing Assistance $4,615.58
157 Boating Improvement Fund $76,221.11
158 Miscellaneous Special Revenue Fund $141,493.60
160 Environmental Restoration $31,530.95
163 Court Facilities $22,365.19
164 Drug Facilities Fees $1,885.52
177 Canal 4266 MSBU $5,053.60
180 Building Funds $209,887.16
207 2003 Revenue Bonds $899,901.75
304 1 Cent Infrastructure $1,057,790.77
312 Cudjoe Regional WW Project $3,961.27
314 Series 2014 Revenue Bonds $113,822.79
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Fund Fund Title Amount
316 Land Acquisition $12,475.00
401 Card Sound Bridge $19,952.23
403 Marathon Airport $1,867,094.21
404 Key West Int'I Airport $1,965,841.02
405 Key West International Airport Series $5,591,707.81
2022 Revenue Bonds
406 PFC & Operating Restrictions $56,363.82
414 MSD Solid Waste $1,713,670.68
501 Workers' Compensation $305,624.22
502 Group Insurance Fund $1,512,487.03
503 Risk Management Fund $236,100.73
504 Fleet Management Fund $176,807.26
610 Fire/EMS LOSAP Trust Fund $5,340.00
COUNTY ADMINISTRATOR
N1 Board accepted the County Administrator's Report for the month of April 2023. Said
report is incorporated herein by reference.
N2 Board adopted the following Resolution authorizing the closing of the 7-Mile Bridge in
Marathon on April 13, 2024, from 6:00 a.m. to 9:00 a.m. for the 43rd Annual 7-Mile Bridge Run.
RESOLUTION NO. 142-2023
Said Resolution is incorporated herein by reference.
N5 Board granted approval and authorized execution of a 1 st Amendment to Florida
Department of Environmental Protection Planning Grant No. 22PLN66, in the amount of
$75,000.00, under the Resilient Florida Grant Program, to conduct neighborhood outreach to
obtain feedback while updating the Monroe County Vulnerability Assessment.
N6 Board granted approval and authorized execution of a 1 st Amendment to Department of
Economic Opportunity Grant No. P0467, for the Pigeon Key Resilience and Adaption Plan
development, to extend the due dates for deliverable items.
COUNTY ATTORNEY
01 Board accepted the County Attorney Report for the month of April 2023. Said report is
incorporated herein by reference.
02 Board granted approval and authorized execution of a 5th Amendment to the Agreement
for Professional Legal Services with Allen, Norton & Blue, P.A., the County's outside counsel
for labor and employment matters, to increase the hourly blended rate to be charged by attorneys
to $325.00 per hour.
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03 Board granted approval to initiate litigation against Cynthia N. Sandhusen and her
property, Vacant Land, Cudjoe Key, Florida, to seek compliance with the County Code and
enforce the lien(s) arising from Code Compliance Case No. CE20110076.
04 Board granted approval to accept bid proposal and authorized execution of an Agreement
with Goodman-Gable Gould Company d/b/a Adjusters International to provide insurance
adjusting claim services. The services of the contractor will be used following catastrophic
events resulting in significant damage, such as hurricanes.
05 Board granted approval to accept a proposal for Professional Liability coverage for Air
Flight Nurses from Evanston Insurance, through agent Marsh USA, Inc.; and granted approval
for the Risk Manager to execute all necessary forms.
06 Board granted approval and authorized execution of a third-parry Agreement with Florida
Municipal Insurance Trust(FMIT) and Clear Risk US Corp. in order to provide FMIT with
access to Risk Management's Clear Risk Claims Management Software.
07 Board granted approval to accept a proposal from Marsh USA, Inc. to purchase Pollution
Liability Insurance through Ironshore Specialty Insurance Company, in the amount of
$84,000.00, for a three-year policy; and granted approval for the Risk Manager to sign all
necessary forms.
08 Board granted approval to initiate litigation against Grisell L. Gomez and her property,
27715 Sea Whip Street, Little Torch Key, Florida, to seek compliance with the County Code and
enforce the lien(s) arising from Code Compliance Case No. CE20040127.
09 Board granted approval and authorized execution of an Agreement with Next Request, a
public record request tracking software solution, in the amount of$14,850.00, for one year; and
granted approval to waive the competitive solicitation process for the ongoing use of this
software.
010 Board granted approval of the Primary Windstorm Insurance Policy renewal with a
premium of, not to exceed, $1,711,384.50, a 50% increase compared to the County's 2022/2023
premium, from Citizens Property Insurance Corporation; and granted approval for the Risk
Manager to sign all necessary forms. This renewal also includes the East Martello Tower
Citizens Policy.
Ol 1 Board granted approval to advertise a Public Hearing at the May 17, 2023 Board of
County Commissioner's meeting to consider approval of an Ordinance amending Section 8-37 of
the Monroe County Code of Ordinances regarding a statute of limitations for bringing code
compliance prosecutions.
Page 113 04/19/2023
SUSTAINABILITY
R1 Board granted approval and authorized execution of a 1 st Amendment to the Florida
Department of Environmental Protection Grant Agreement No. LPA0249 to approve an
additional $1,308,332.19 in Keys Stewardship funds towards the Canal Restoration Program.
R2 Board granted approval and authorized execution of a 1 st Amendment to the Florida
Department of Environmental Protection Revenue Grant Agreement No. LPA0241 to approve
$229,568.56 in additional expenditures in Keys Stewardship funds towards the Canal Restoration
Program for Canal 28 in Key Largo and Canal 90 in Tavernier, and providing for an effective
date.
COMMISSIONER'S ITEM
R3 Board adopted the following Resolution expressing support for the Key Largo Fire &
Emergency Medical Services District by calling on the Florida Legislature to respect the will of
Key Largo voters by leaving the District intact as an independent special district.
RESOLUTION NO. 143-2023
Said Resolution is incorporated herein by reference.
COUNTY ATTORNEY
R5 Board granted approval to accept a property insurance proposal from Marsh USA, Inc.
and obtain property insurance policies for an amount, not to exceed, $5,195,508.00; and granted
approval for the Risk Manager to execute all necessary forms.
COUNTY LAND ACQUISITION
R6 Board granted approval and authorized execution of a Hazard Mitigation Grant Program
Agreement with the Florida Department of Emergency Management to elevate four residential
structures in the amount of$720,140.00.
PARKS & BEACHES
R7 Board granted approval and authorized execution of an Art in Public Places Donation
Agreement to accept a donation of one 24-foot by 14-foot wall art mural titled "Two Blue
Herons" from Benjamin Fauquenot; and granted approval for the Mayor to execute the Bill of
Sale upon completion of the mural. The art has a total value of$9,000.00 at no cost to the
County.
Motion carried unanimously.
Page 114 04/19/2023
STAFF REPORT
El Richard Strickland, Director of Airports, gave the following Airport Power Point
Presentation updates: (1) Marathon/Florida Keys International Airport Economic Impact Study;
and (2) Concourse A Terminal Improvements Program Builder's Risk Insurance. Roman
Gastesi, County Administrator, addressed the Board. Gisela Shanahan, representing Frasca&
Associates, LLC, gave a Power Point Presentation on Continuing Disclosures and Reporting for
Airport Debt. Kevin Madok, County Clerk, addressed the Board.
COUNTY ADMINISTRATOR
R8 Meredith Ivey, Acting Secretary of Florida Department of Economic Opportunity (DEO),
gave an update on the Hurricane Evacuation Model and Clearance Time for Monroe County. Mr.
Gastesi addressed the Board. The following individual addressed the Board: Barbara Powell,
DEO Regional Planning Administrator.
STAFF REPORT
E2 Lisa Tennyson, Director of Legislative Affairs & Grants Acquisition, gave a Legislative
update. Bob Shillinger, County Attorney, addressed the Board.
LEGISLATIVE AFFAIRS
R4 Mel Montagne, President of the Board of Directors of Fair Insurance Rates of Monroe
(FIRM), gave a Power Point Presentation on wind and flood insurance issues in Monroe County.
Christine Hurley, Executive Director of the Land Authority, addressed the Board. After
discussion, motion was made by Commissioner Raschein and seconded by Commissioner Rice
to grant approval of funding to FIRM for property insurance advocacy, in the amount of
$50,000.00. Source of funds is Ad Valorem. Motion carried unanimously.
PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE
COMPLIANCE DEPARTMENTS
J13 Emily Schemper, Senior Director of Planning and Environmental Resources, addressed
the Board requesting direction regarding potential amendments to the Land Development Code
and/or Comprehensive Plan regarding gas stations a/k/a fuel stations, and whether to advertise a
Public Hearing for an Interim Development Ordinance suspending acceptance, processing, and
approval of certain new applications for gas station development approval during the amendment
process. Mr. Shillinger addressed the Board. The Board took no official action.
COUNTY ADMINISTRATOR
N3 Mr. Gastesi and Michael Steckbauer, Medical Examiner, addressed the Board regarding
an Employment Agreement with the Medical Examiner; creation of County medical examiner
department; approval of Medical Examiner as department head; and approval of full-time
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equivalent positions for Medical Examiner and Director of Operations positions. After
discussion, motion was made by Commissioner Rice and seconded by Commissioner Lincoln
granting approval of the item. Motion carried unanimously.
N4 Motion was made by Commissioner Lincoln and seconded by Commissioner Raschein
granting approval of an Employment Agreement with Tiffany Fridley, Director of Operations for
Medical Examiner department; and grant authorization for the County Administrator to sign the
agreement. Motion carried unanimously.
PUBLIC HEARINGS
P1 A Public Hearing was held to consider adoption of an Initial Assessment Resolution for
Monroe County, Florida to collect Special Assessments within the Monroe County Canals
Municipal Services Benefit Unit to pay for ongoing operation and maintenance costs for Canal
Water Quality Restoration Projects on Canals 82, 83 and 84 in Rock Harbor in Key Largo;
stating a need for such levy; setting a Public Hearing for adoption of a Final Assessment
Resolution (FAR); providing for mailed and published notice of the Public Hearing on the FAR;
and providing for an effective date. Rhonda Haag, Chief Resilience Officer, addressed the Board.
There was no public input. After discussion, motion was made by Commissioner Rice and
seconded by Commissioner Raschein to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 144-2023
Said Resolution is incorporated herein by reference.
P2 A Public Hearing was held to consider adoption of an Initial Assessment Resolution for
Monroe County, Florida to collect Special Assessments within the Monroe County Canals
Municipal Services Benefit Unit to pay for ongoing operation and maintenance costs for a Canal
Water Quality Restoration Project for Canal 105 in Tavernier in Key Largo; stating a need for
such levy; setting a Public Hearing for adoption of a Final Assessment Resolution (FAR);
providing for mailed and published notice of the Public Hearing on the FAR; and providing for
an effective date. There was no public input. Motion was made by Commissioner Scholl and
seconded by Commissioner Rice to adopt the following Resolution. Motion carried unanimously.
RESOLUTION NO. 146-2023
Said Resolution is incorporated herein by reference.
P3 A Public Hearing was held to consider approval of a Resolution renouncing and
disclaiming any right of the County and the public in and to the right-of-way of a portion of
Santa Anita Lane, Key Largo, Monroe County, Florida, as shown on the plat of Cross Key
Waterway Estates Section 3, Plat Book 6, Page 61, bounded on the North by Santa Anita Lane;
bounded on the West and South by Block 7, Lot 10; bounded on the East by Block 7, Lots 11 &
12. Ms. Schemper gave a Power Point Presentation. There was no public input. After discussion,
motion was made by Commissioner Rice and seconded by Commissioner Lincoln to adopt the
following Resolution. Motion carried unanimously.
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RESOLUTION NO. 145-2023
Said Resolution is incorporated herein by reference.
P4 A Public Hearing was held to consider approval of a Resolution regarding an application
from Jackie Valledor on behalf of NVJ Multiservices, Inc., a for-profit corporation, to
voluntarily renounce, vacate, and abandon a portion of a public right-of-way connected to Lime
Drive, as shown on the Key Largo plat of Pamela Villa, Plat Book 3, Page 125, of the Official
Records of Monroe County, Florida. Ms. Schemper gave a Power Point Presentation. There was
no public input. Motion was made my Commissioner Lincoln and seconded by Commissioner
Raschein to adopt the following Resolution.
RESOLUTION NO. 147-2023
Said Resolution is incorporated herein by reference.
P5 A Public Hearing was held to consider approval of an Ordinance adopting Amendments
to Monroe County 2030 Comprehensive Plan Policy 501.1.1, Policy 501.1.2, Policy 501.2.2,
Policy 501.2.3, Policy 501.3.1, and Policy 501.3.3, to allow Airport improvements, which may
impact hammock areas, when there is no other viable alternative available, at Key West
International Airport and the Florida Keys Marathon International Airport, consistent with the
Airport Master Plan and Airport Layout Plan for each public airport; and consistent with all
applicable federal and state permit/authorization requirements, including mitigation for
environmental impacts. There was no public input. Motion was made by Commissioner Rice and
seconded by Commissioner Scholl to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 004-2023
Said Ordinance is incorporated herein by reference.
P6 A Public Hearing was held to consider adoption of an Ordinance revising Article III
Officers and Employees, Section 2-58 County Administration; revising Article VI Purchasing
and Contracts, Section 2-346 Definitions, Section 2-347 Competitive Bidding Procedures, and
Section 2-348 Change Orders to Contracts; providing for an increase in the County
Administrator's signatory authority; providing for an increase in the amount of goods and service
subject to competitive solicitation; providing for an increase in change orders authorized by the
County Administrator; providing for severability;providing for repeal of all ordinances
inconsistent herewith; and providing for an effective date. There was no public input. Motion
was made by Commissioner Scholl and seconded by Commissioner Lincoln to adopt the
following Ordinance. Motion carried unanimously.
ORDINANCE NO. 005-2023
Said Ordinance is incorporated herein by reference.
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MISCELLANEOUS BULK APPROVALS
C20 Motion was made by Commissioner Scholl and seconded by Commissioner Lincoln to
grant approval of the Monroe County Purchasing Policy, to include proposed changes to the
Monroe County Code which increase the competitive bidding threshold, change order, signatory
and purchasing authority of the County Administrator. The updated policy also revises the
purchasing authorization levels for County staff and related forms that reference the revised
authorization levels, removes outdated language, and includes necessary corrections and updates.
Motion carried unanimously.
PUBLIC HEARINGS
P7 A Public Hearing was held to consider approval of an Ordinance creating the Richard A.
Recupero Park at the Hawk Missile Site and providing park hours and permissible and prohibited
activities. Mr. Shillinger addressed the Board. There was no public input. After discussion,
motion was made by Commissioner Rice and seconded by Commissioner Lincoln to adopt the
following Ordinance, with revised language, to Section 2 (b)(11), as follows:
(11) Prohibited domestic animals; exceptions. Except for animals that assist disabled persons,
or leashed dogs, domestic animals are prohibited. Dogs must be kept on a leash no
greater than eight feet long_No pefseft may ea-use of allow any ,aetnestie anitnal (e
whatevef size), othef than an anitnal that assists a disabled pefseft, to be bfetight to, ef
ren�ai3-r.
Motion carried unanimously.
ORDINANCE NO. 006-2023
Said Ordinance is incorporated herein by reference.
P8 A Public Hearing was held to consider approval of a Resolution amending Resolution
No. 151-2022, the Planning & Environmental Resources Department Fee Schedule, to add a fee
for administrative appeals concerning derelict vessel cases and to repeal any other fee schedules
inconsistent herewith. There was no public input. Motion was made by Commissioner Scholl and
seconded by Commissioner Lincoln to adopt the following Resolution. Motion carried
unanimously.
RESOLUTION NO. 148-2023
Said Resolution is incorporated herein by reference.
COUNTY ADMINISTRATOR
N7 Sergio Masvidal, Managing Director of PFM Financial Advisors, LLC, and Steve Miller,
representing Nabors, Giblin, and Nickerson, P.A., addressed the Board regarding a Resolution to
accept the proposal of Banc of America Capital Corp to provide the County with a lease-
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purchase financing for three helicopters for the Monroe County Sheriff's Office. Pedro Mercado,
Senior Assistant County Attorney, addressed the Board.
02 Motion was made by Commissioner Lincoln and seconded by Commissioner Scholl to
reopen the agenda for reconsideration of Item 02 from the March 22, 2023 regular meeting, and
to increase the not to exceed amount from $52,000,000.00 to $53,000,000.00, to include the
performance bond. Motion carried unanimously.
N7 Motion was made by Commissioner Rice and seconded by Commissioner Scholl
adopting the following Resolution and to increase the maximum funding not to exceed amount to
$53,000,000.00. Motion carried unanimously.
RESOLUTION NO. 149-2023
Said Resolution is incorporated herein by reference.
COMMISSIONER'S ITEM
L1 Commissioner Raschein discussed her item concerning a Resolution of support for
Homestead Air Reserve Base, that due to its continued operation of existing national security
missions it is important for both national security as well as the local and regional economies and
that its future operational capacity should be protected. After discussion, motion was made by
Commissioner Scholl and seconded by Commissioner Raschein to adopt the following
Resolution. Motion carried unanimously.
RESOLUTION NO. 150-2023
Said Resolution is incorporated herein by reference.
CLOSED SESSIONS
K1 Mr. Shillinger requested to continue the Attorney-Client Closed Session in the matter of
Galleon Bay v. Monroe County, et al., Case No. 02-CA-595-K to the May 17, 2023 regular
meeting in Key West, Florida. Motion was made by Commissioner Rice and seconded by
Commissioner Scholl to continue the Attorney-Client Closed Session. Motion carried
unanimously.
K2 Mr. Shillinger requested to continue the Attorney-Client Closed Session in the matter of
Mark Thompson v. Monroe County and City ofKey West, 16th Judicial Circuit Case No. 22-CA-
113-K to the May 17, 2023 regular meeting in Key West, Florida. Motion was made by
Commissioner Rice and seconded by Commissioner Lincoln to continue the Attorney-Client
Closed Session. Motion carried unanimously.
K3 Mr. Shillinger addressed the Board in the matter of Monroe County, Florida v. Elizabeth
Delgado, Case No. 22-CA-203-P, and presented a revised settlement offer received. Motion was
made by Commissioner Lincoln and seconded by Commissioner Rice to reject the revised
settlement offer. Motion carried unanimously.
Page 119 04/19/2023
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
Liz Yongue, D.C.
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