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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: Page 11 04/19/2023 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 Page 12 04/19/2023 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. Page 13 04/19/2023 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. Page 14 04/19/2023 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. Page 15 04/19/2023 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. Page 16 04/19/2023 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, Page 17 04/19/2023 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 Page 18 04/19/2023 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. Page 19 04/19/2023 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 Page 110 04/19/2023 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 Page 11 04/19/2023 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. Page 112 04/19/2023 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 Page 115 04/19/2023 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. Page 116 04/19/2023 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. Page 117 04/19/2023 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- Page 118 04/19/2023 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. Page 120 04/19/2023