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05/17/2023 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, May 17, 2023 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 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; Liz Yongue, Deputy Clerk; county staff, members of the press and radio; and the general public. Clerk Kevin Madok arrived later in the meeting. ADDITIONS, CORRECTIONS & DELETIONS Al Motion was made by Commissioner Lincoln and seconded by Commissioner Rice 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 Carlton "Papa" Howard, Team Leader of the Parks & Beaches Department. B2 Presentation of an Honorary Conch Certificate to Dr. Jonathan Gueverra for remarkable leadership, dedication and commitment to the community. B3 Presentation of an Honorary Conch Certificate to Frank Dunne. B4 Presentation of Mayor's Proclamation to declare May 2023 as Leadership Monroe County Month and recognize their 30th Anniversary. B5 Presentation of Mayor's Proclamation to declare May 14th through 20th, 2023 as Guidance/Care Center Week in Monroe County, Florida. B6 Presentation of Mayor's Proclamation to declare May 15th through 21st, 2023 as Law Enforcement Memorial Week. Page 11 05/17/2023 B7 Recognition of Richard Strickland, Executive Director of Airports, for being named the Southeast Chapter of the American Association of Airport Executives 2023 Airport Professional of the Year. B8 Presentation of an Honorary Conch Certificate to Judy Blume. BULK APPROVALS Motion was made by Commissioner Scholl and seconded by Commissioner Lincoln granting approval of the following items by unanimous consent: C1 Board granted approval and authorized execution of a 1st Amendment to the Lease Agreement with Wharf Marina, Inc., to reflect the sale of the building which houses the Public Defender's Marathon Office. Wharf Marina, Inc. sold the building to Wharf Marina SMI, LLC on July 13, 2022. This amendment seeks approval to acknowledge the sale of the real property and consent of Wharf Marina SMI, LLC to take possession of the property; amend the name and address of the lessor for rental payments and notices; and update the address for lessee for notices in Article XIX of the Lease Agreement. C2 Board granted approval and authorized execution of a 1 st Amendment to the Interlocal Agreement with the City of Key West(City) for additional Engineering Design and Permitting Services for the 1st Street/Bertha Street Roadway Improvement Project in the amount of $7,156.00, whereby the City will reimburse the County for the design phase amount and the associated construction costs. C3 Board granted approval and authorized execution of a 2nd Amendment to the Task Order with WSP USA, Inc. for Engineering Design and Permitting Services for the Key Largo III Roadway and Drainage Improvement Project, at Burton Drive and specified roads in the Harris Ocean Subdivisions. This task order is being amended for value engineering design modifications and to address Florida Department of Transportation Grant requirements in the maximum, not to exceed, amount of$26,365.52, for a revised total contract amount of $382,420.23. C5 Board granted approval and authorized execution of a Residential Lease renewal for one year with a County employee for Location A, commencing June 1, 2023, and to extend through May 31, 2024. The monthly rental amount is $842.89. C6 Board granted approval and authorized execution of a 1st Modification to the Hazard Mitigation Grant Program Grant Agreement No. 4337-066-A between the County and the Florida Division of Emergency Management to construct the new Emergency Operations Center in Marathon. This modification approves the 2nd incremental obligation from FEMA of $3,809,523.23. The match for these federal funds comes from other grant sources, minimizing the use of County capital funds. Sub-recipient management cost funds in the grant, in the amount of$414,177.83, requires no match. Page 12 05/17/2023 C7 Board granted approval and authorized execution of a 1 st Amendment to the Agreement with ClearTrack HR, LLC which provides service for the County's Benefits Administration Software System. This system provides electronic management of benefits eligibility, enrollment, data file feeds to carriers, compliance, reporting and other related processes. This amendment reflects a price increase from $3.00 per member per month to $4.00 per member per month, and an increase in the hourly rate for add-on services, which was not specified in the contract, to $150.00 per hour. C8 Board granted approval to terminate the Agreement with Tyler Gautier Landscaping, Inc., without cause, for Upper Keys Landscaping Maintenance Services, and granted approval to issue a new Request for Proposals for the landscaping services. The Bid Award Agreement provides for termination without cause in Paragraph 21.B. upon service of proper notice, which the Contractor has provided with a termination date of June 26, 2023. C10 Board granted approval to accept equipment purchased through a Firehouse Subs Public Safety Foundation Program Grant. The program allows Firehouse Subs to purchase the requested extrication equipment directly from the vendor, in the amount of$39,295.00, on behalf of Monroe County Fire Rescue. C11 Board granted approval and authorized execution of a renewal of a Class A Certificate of Public Convenience and Necessity to Ocean Reef Volunteer Fire Department, Inc. d/b/a Ocean Reef Public Safety Department for the operation of an Advanced Life Support Transport Ambulance Service for the period June 1, 2023 through May 31, 2025. C12 Board granted approval and authorized execution of a renewal of a Class A and Class B Certificate of Public Convenience and Necessity to Rapid Response Medical Transportation for the operation of an Advanced Life Support and Basic Life Support Transport Ambulance Service for the period May 22, 2023 through May 21, 2025. C13 Board granted approval to advertise a Public Hearing to be held at the June 21, 2023 Board of County Commissioner's meeting to consider adoption of an Ordinance revising Section 19-4 of the Monroe County Code to increase the toll rates for Card Sound Road toll, authorized the Director of Engineering Services/Roads & Bridges to inform the Florida Department of Transportation of the changes to the toll rates in accordance with the agreement for SunPass and Toll-by-Plate Electronic Toll Collection at the Card Sound Toll Facility. C14 Board granted approval and authorized execution of a 1st Amendment to the Agreement with OneBlood, Inc. for blood and blood components for the Trauma Star Program, in the amount of$35,000.00 per year, or $105,000.00 over a three-year contract term, to commence on June 20, 2023 and expire on June 19, 2026. C15 Board granted approval and authorized execution of a 1st Amendment to the Agreement with Stryker Sales, LLC for ProCare Support Services for existing LUCAS and LifePakl5 equipment for an additional two-year term, to commence on June 15, 2023 and expire on June 14, 2025; and authorized the Fire Chief to execute any additional documentation. Page 13 05/17/2023 C16 Board granted approval to reject all proposals received for the Request for Qualifications (RFQ) for Professional Engineering Continuing Services Small Contract and cancelled the RFQ. C17 Board granted approval and authorized execution of an Agreement with Dan Enterprises Team, LLC, the lowest responsible, responsive bidder to the Request for Proposals for the Marathon Professional Center Building Roof Replacement Project. This project is funded by the American Rescue Plan Act Grant. C18 Board granted approval and authorized execution of a 13th Amendment to the Community Pool Lease Agreement with Upper Keys Community Pool, Inc., to extend the lease term on a month-to-month basis, not to exceed September 30, 2023, to allow for substitute Water Safety Instructors in the unlikely event of an absence of one of the County Water Safety Instructors provided; granted approval to allow reimbursements and/or assumption of certain utility and insurance expenses; and granted approval to allow the County to perform some upkeep, maintenance, and repairs for the property known as Jacobs Aquatic Center located at Key Largo Community Park. C19 Board granted approval to advertise a Public Hearing to consider adoption of an Ordinance amending Section 23-200 Tourist Development Plan of the Monroe County Code to add Public Facilities as a permissible use of Tourist Development Tax revenues; to make revisions to the Code to coincide with the provision as set forth in 125.0104, Florida Statutes, and providing for revisions and clarifications to the Monroe County Tourist Development Plan; providing for severability;providing for repeal of all ordinances inconsistent herewith and providing for an effective date. C20 Board granted approval and authorized execution of a Task Order with McFarland- Johnson, Inc. in the amount of$264,003.00 for Design and Engineering Services related to various projects funded by the American Rescue Plan Act(ARPA) Grant. This task order is funded by ARPA Grants. C21 Board granted approval and authorized execution of a Task Order with Bender & Associates Architects, P.A. for the Architectural Design and Engineering of the Veteran's Memorial Park Restroom Replacement Project for$212,764.00. This project is part of the Hurricane Irma recovery effort. C22 Board accepted the Report of monthly Change Orders for the month of April 2023, reviewed by the County Administrator/Assistant County Administrator. Said report is incorporated herein by reference. C23 Board granted approval and authorized execution of a 2nd Amendment to the Contract with DLT Solutions, LLC, to extend the start date for three months, from December 1, 2022 to February 28, 2023, for Oracle Consulting Services; and authorized the County Administrator to sign contract documents that are for no additional cost or that do not exceed the County Administrator's signatory authority. Page 14 05/17/2023 C24 Board granted approval of an Agreement with Compulink Management Center, Inc. d/b/a Laserfiche, in the amount of$151,060.22, for products and services; and granted approval for the Director of Information Technology to execute the agreement and any related documents. This agreement covers the conversion of the data stored in the existing Alchemy document storage solution, which is over 15 years old and no longer supported, to be stored and catalogued in the Laserfiche cloud solution, in the amount of$89,392.30; and product licensing, in the amount of $61,667.92, for 124 licenses to the Laserfiche cloud solution, enabling current Alchemy users to review and update Laserfiche as appropriate. The quote utilizes NCPA (Omnia Group) Contract No. 01-158 competitively bid pricing. C25 Board adopted the following Resolutions concerning the Transfer of Funds and the Receipt of Unanticipated Revenue: Receipt of Unanticipated Funds (OMB Schedule Item No. 1). RESOLUTION NO. 151-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 2). RESOLUTION NO. 152-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 3). RESOLUTION NO. 153-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 4). RESOLUTION NO. 154-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO. 155-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 6). RESOLUTION NO. 156-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 157-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 8). RESOLUTION NO. 158-2023 Said Resolution is incorporated herein by reference. Page 5 05/17/2023 Transfer of Funds (OMB Schedule Item No. 9). RESOLUTION NO. 159-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 160-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO. 161-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 162-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 163-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 14). RESOLUTION NO. 164-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 165-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). RESOLUTION NO. 166-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 167-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 168-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 19). RESOLUTION NO. 169-2023 Said Resolution is incorporated herein by reference. Page 6 05/17/2023 Transfer of Funds (OMB Schedule Item No. 20). RESOLUTION NO. 170-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 21). RESOLUTION NO. 171-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 22). RESOLUTION NO. 172-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 23). RESOLUTION NO. 173-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 24). RESOLUTION NO. 174-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 25). RESOLUTION NO. 175-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 26). RESOLUTION NO. 176-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 27). RESOLUTION NO. 177-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 28). RESOLUTION NO. 178-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 29). RESOLUTION NO. 179-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 30). RESOLUTION NO. 180-2023 Said Resolution is incorporated herein by reference. Page 7 05/17/2023 Transfer of Funds (OMB Schedule Item No. 31). RESOLUTION NO. 181-2023 Said Resolution is incorporated herein by reference. C26 Board adopted the following Resolution adopting the tentative Duck Key Security District Non-Ad Valorem Special Assessment Rates for Fiscal Year 2023-2024. The special assessment rates remain the same as last year's rates at$292.00 for improved lots and $28.00 for unimproved lots. RESOLUTION NO. 182-2023 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 Pigeon Key Foundation, Inc. for the Pigeon Key ADA Ramp Project, to extend the completion date of the project to June 30, 2024. D2 Board granted approval and authorized execution of a 1 st Amendment to the Agreement with Pigeon Key Foundation, Inc. for the Pigeon Key Paint Foremans Dorm Roof Replacement Project, to extend the completion date of the project to June 30, 2024. D3 Board granted approval and authorized execution of a 1 st Amendment to the Agreement with Reef Environmental Education Foundation, Inc. (REEF) for the REEF Marine Conservation Center: Connecting Visitors to the FL Keys Project to extend the completion date of the project to September 30, 2025 and to revise Exhibit A of the agreement outlining Scope of Services for the project. D4 Board granted approval and authorized execution of a 1 st Amendment to the Agreement with Reef Environmental Education Foundation, Inc. (REEF) for the REEF Marine Conservation Center Project, to extend the completion date of the project to September 30, 2025 and to revise Exhibit A of the agreement outlining Scope of Services for the project. D5 Board granted approval and authorized execution of a 1 st Amendment to the Agreement with Upper Keys Community Pool, Inc. for the Jacobs Aquatic Center Pump and Sand Filter Project, to revise Exhibit A of the Agreement outlining scope of services for the project. D6 Board granted approval and authorized execution of a 1 st Amendment to the Agreement with City of Marathon for the Quay Restroom Project, to extend the completion date of the project to March 31, 2024. D7 Board granted approval to Revise Section 11 of the TDC Operations Manual to include a policy for Special Public Facilities Projects. Page 18 05/17/2023 D8 Board granted approval of Mayor Cates' reappointment of Ms. Charlotte Palmer, the sole applicant, as an At Large appointment to the Tourist Development Council District 11 Advisory Committee. COUNTY LAND ACQUISITION AND LAND MANAGEMENT F 1 Board granted approval and authorized execution of a Contract with Randy E. Whidden and Ana Whidden to purchase a Less Than Fee Interest in Block 37, Lots 15 and 16, Sands on Big Pine Key, near mile marker 31, for density reduction purposes, for the price of$22,500.00. F2 Board granted approval to accept the bid from Alain Bauza on behalf of Dolphin Building Property LLC, in the amount of$61,500.00, and authorized the sale of Lot 8, Block 3, Duck Key, Center Island Non-Conservation Density Reduction Lot, with property identification number 00379540-000000, returning funds to Fund 316 for future acquisition. F3 Board granted approval to award bid and authorized execution of a Contract with Guardian Fence Co. for the installation of two fences on Monroe County Conservation Lands in Key Largo for $70,408.10, to be completed within 90 days of permit issuance. F4 Board granted approval and authorized execution of a Contract with Greg Lepock and Cynthia Gavin, a/k/a Cynthia Ann Gavin to purchase a Less Than Fee Interest in Block 24, Lots 11, 12, 13, and 14, Palm Villa on Big Pine Key, near mile marker 30, for density reduction purposes, for the price of$46,876.00. AIRPORTS I1 Board granted approval to sponsor 4th of July fireworks events throughout the County in accordance with Airport promotional sponsorship Resolution No. 123-2021. I2 Board accepted the Report of monthly Airport Change Orders, reviewed by the County Administrator/Assistant County Administrator. Said report is incorporated herein by reference. I3 Board granted approval of the Year Four Annual Revised Budget for Republic Parking System for Parking Lot Management Services at Key West International Airport, increasing the amount from $343,840.00 to $369,790.00, to adjust the hourly rate for Cashiers from $18.00 per hour to $22.00 per hour to attract, hire and retain qualified candidates. The contract is funded from Airport Operating Fund 404. I4 Board granted approval and authorized execution of an Agreement with The Southern Group of Florida, Inc. for Professional Lobbying Services on behalf of Key West International Airport in the amount of$84,000.00 per year. The contract is funded by Airport Operating Fund 404. I5 Board adopted the following Resolution for the Receipt of Unanticipated Revenue in the amount$799,624.88 for interest earned on the Series 2022 Airport Revenue Bond proceeds. The Page 19 05/17/2023 additional funds will be used for payment of project costs for the Concourse A and Terminal Improvements at Key West International Airport. RESOLUTION NO. 183-2023 Said Resolution is incorporated herein by reference. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS Jl Board granted approval of the selection of Boating Improvement Fund Grant funding to local municipalities for Boating and Waterway Projects to be performed in Fiscal Year 2024, including Regulatory Buoy Maintenance by the Village of Islamorada, in the amount of $14,000.00; and Regulatory Buoy/Sign Replacement by the City of Key Colony Beach, in the amount of$3,248.00, for a total amount of$17,248.00; and granted approval for the Marine Resources Office's professional staff to prepare corresponding Interlocal Agreements with each respective municipality. J3 Board adopted the following Resolution to extend the reservation of 28 Low-Income Category Affordable Housing ROGO allocations pursuant to Monroe County Code Section 138- 24(b)(2) for a 28-Unit Affordable-Employee Housing Development located on U.S. Highway 1, South Point Drive and Cypress Road, Tract"B", Revised Plat of Amended Plat of Sugarloaf Shores Section F, Sugarloaf Key (approximate mile marker 16.5), currently having property identification number 00166976-011400, until May 17, 2024. RESOLUTION NO. 184-2023 Said Resolution is incorporated herein by reference. J4 Board adopted the following Resolution to extend the reservation of 28 of the original 60 Affordable Housing allocations, consisting of 12 Low-Income and 16 Moderate-Income Affordable Housing allocations,pursuant to Monroe County Code Section 138-24(b)(2), for a 28-Unit Affordable-Employee Housing Development located on U.S. Highway 1, South Point Drive and Cypress Road, Tract"A", Revised Plat of Amended Plat of Sugarloaf Shores Section F, Sugarloaf Key, at approximate mile marker 16.5, currently having property identification number 00166976-011300, until May 17, 2024. RESOLUTION NO. 185-2023 Said Resolution is incorporated herein by reference. SOLID WASTE L1 Board adopted the following Resolution adopting the tentative Non-Ad Valorem Special Assessment for Residential Solid Waste Collection, Disposal, and Recycling Rates for Fiscal Year 2023-2024. The tentative rate will increase by $11.15, a 2.5% increase, to $457.15 per household/unit. Page 110 05/17/2023 RESOLUTION NO. 186-2023 Said Resolution is incorporated herein by reference. L2 Board adopted the following Resolution adopting tentative Solid Waste Collection Rates for commercial waste generators for Fiscal Year 2023-2024. RESOLUTION NO. 187-2023 Said Resolution is incorporated herein by reference. SHERIFF'S OFFICE M1 Board granted approval of Fiscal Year 2023 recommendations of the Monroe County Shared Asset Forfeiture Fund Advisory Board, as follows: Fund Title Amount Literacy Volunteers of America-Monroe County, Inc. $4,986.48 Easter Seals Florida, Inc. $3,629.34 Good Health Clinic $5,747.10 Monroe Association for ReMARCable Citizens $7,557.91 A Positive Step of Monroe County, Inc. $4,047.10 Sister Season Fund $2,625.48 Florida Keys Area Health Education Center, Inc. $6,150.57 Samuel's House, Inc. $6,772.19 Kids Come First in the Florida Keys, Inc. $5,572.19 Living Springs Counseling (a/k/a Dolphins to Stop Domestic $2,082.62 Violence, Inc.) The Last Resort Ministry, Inc. $3,104.24 Florida Keys Children's Shelter $4,793.43 Wesley House Family Services $5,104.24 Autism Society of the Keys $6,486.48 Grace Jones Community Center $4,079.15 Guidance/Care Center—The Heron $3,982.62 The Educational Coalition for Monroe County $2,389.96 The Salvation Army $2,629.34 Metropolitan Community Church of Key West $4,854.43 Boy Scouts of America $2,032.81 Womankind $6,650.57 Anchors Aweigh Club, Inc. $4,293.43 Independence Ca $6,625.48 Keys Area Interdenominational Resources $6,193.43 Heart of the Keys Recreation Association, Inc. (a/k/a Marathon Rec $4,551.12 Center) Florida Keys Healthy Start Coalition, Inc. $5,850.57 Island Dolphin Care $2,207.72 Page 111 05/17/2023 COUNTY CLERK 01 Board granted approval of the minutes from the January 18, 2023 regular meeting. Said minutes are incorporated herein by reference. 02 Board granted approval of BOCC Warrants 10118044-10119210 (AP); 28968-29041 (WC); all payroll direct deposited to employee's bank accounts for the month of April 2023, as follows: Fund Fund Title Amount 001 General Fund $ 6,791,555.31 101 Fine & Forfeiture $ 5,427,130.58 102 Road/Bridges $ 333,994.91 104 Middle Keys Health Care MSTU $ 11,217.19 115 Tourist Development Council-Two Penny $ 3,074,534.50 116 TDC - Admin Promo 2 Cent $ 4,519,032.50 117 TDC - District 1 Third Cent $ 3,190,197.41 118 TDC - District 2 Third Cent $ 387,632.67 119 TDC - District 3 Third Cent $ 1,657,430.40 120 TDC - District 4 Third Cent $ 274,170.27 121 TDC - District 5 Third Cent $ 579,113.76 125 Grant Fund $ 1,406,045.25 130 Impact Fees/Roadways $ 12,306.52 141 Fire/Ambulance $ 1,895,488.49 147 Unincorporated Service $ 206,284.80 148 Planning Building $ 606,571.55 149 Municipal Policing 750,186.41 $ 750,186.41 150 E911 Enhancement Fund $ 47,532.91 152 Duck Key Security $ 11,216.93 153 Local Housing Assistance $144,215.29 157 Boating Improvement Fund $ 79,011.77 158 Miscellaneous Special Revenue Fund $ 52,160.14 160 Environmental Restoration $ 22,988.17 163 Court Facilities $ 13,651.94 164 Drug Facilities Fees $ 1,885.52 171 Stock Island Wastewater $ 1,728.58 175 Long Key-Layton MSTU $ 555.00 176 Duck Key MSTU $ 825.26 177 Canal 4266 MSBU $ 535.67 180 Building Funds $ 443,644.69 304 1 Cent Infrastructure $ 6,418,392.53 310 Big Coppitt Wastewater $ 8,988.80 312 Cudjoe Regional WW Project $ 21,535.09 316 Land Acquisition $ 24,583.00 Page 112 05/17/2023 Fund Fund Title Amount 401 Card Sound Bride $ 116,418.74 403 Marathon Airport $ 1,901,566.42 404 Key West Int'I Airport $ 4,636,935.49 405 Key West International Airport Series $ 902,934.57 2022 Revenue Bonds 406 PFC & Operating Restrictions $ 6,249.60 414 MSD Solid Waste $ 1,874,348.69 501 Workers' Compensation $ 163,506.67 502 Group Insurance Fund $ 2,973,826.58 503 Risk Management Fund $ 1,734,748.24 504 Fleet Management Fund $ 275,996.19 610 Fire/EMS LOSAP Trust Fund $ 270.00 03 Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. Said list is incorporated herein by reference. 04 Board granted approval of Tourist Development Council expenses for the month of April 2023, as follows: Vendor Amount Advertising $ 4,213,305.43 Bricks & Mortar Projects $ 105,546.01 Events $ 530,889.82 Office Supplies & Operating Costs $ 31,989.55 Personnel Services $ 0.00 Public Relations $ 375,520.04 Sales & Marketing $ 76,644.57 Telephone & Utilities $ 21,122.29 Travel $ 13,022.53 Visitor Information Services $ 83,704.33 COUNTY ADMINISTRATOR P1 Board accepted the County Administrator's monthly Report for May 2023. Said report is incorporated herein by reference. P3 Board granted approval and authorized execution of an Amended Letter of Agreement with Crime Stoppers of Miami-Dade County, Inc. (CS) for a three-year period, authorizing CS to apply for grants available for use in Monroe County. P4 Board granted approval and authorized execution of a Contract with Anser Advisory for On-Call Professional Consulting Services to develop Non-Ad Valorem Special Assessments for Page 113 05/17/2023 County projects including canals, road adaptation, stormwater, flood mitigation, wastewater and other existing or new programs and services. P5 Board granted approval and authorized execution of a Contract with Erin L. Deady, P.A., in the amount of$734,700.00, for Consulting Services to provide Watershed Management Plans for Monroe County, Layton, Key Colony Beach and Marathon as funded by Florida Division of Emergency Management Grant Nos. H0856 and H0856-A1; and a Vulnerability Assessment update and neighborhood outreach for Monroe County as funded by Florida Department of Environmental Protection Grant Nos. 22PLN66 and 22PLN66-A1. P6 Board granted approval and authorized execution of a 1 st Amendment to the Interlocal Agreement with Broward County, Miami-Dade County, Monroe County, and Palm Beach County for financial support to the Southeast Florida Regional Climate Change Compact, to renew the agreement for an additional three-years and provide $300,000.00 over three-years; and authorized the County Attorney to make minor non-substantive edits to the subject agreement with review and approval as to form, in case minor edits or clarifications become necessary. P7 Board granted approval of a 2nd Change Order to the Contract with Adventure Environmental, Inc. for additional fill required for the backfilling of the Canal 25 Restoration Project in Key Largo, not to exceed $314,085.99, funded by Florida Department of Environmental Protection Stewardship Grant No. LPA0249, retroactive to January 1, 2023; and authorized the County Administrator to execute the change order. P8 Board granted approval of a 2nd Change Order to the Contract with Adventure Environmental Inc. for additional fill materials for the Canal 28 Backfill Restoration Project in Key Largo, not to exceed $332,077.28, funded by Florida Department of Environmental Protection Stewardship Grant No. LPA0241, retroactive to January 1, 2023; and authorized the County Administrator to execute the change order. P9 Board granted approval and authorized execution of a 1st Modification to Federal Emergency Management Agency Hazard Mitigation Grant Program Subgrant Agreement No. H0856 with Florida Division of Emergency Management, to develop Watershed Management Plans for Layton, Key Colony Beach and Marathon, increasing federal funding by $399,506.25, bringing the total grant amount to $693,800.00. The 25% match, in the amount of$133,168.75, will be provided by Resilient Florida Vulnerability Assessment Grant No. 22PLN65, for Marathon, and Grant No. 23PLN97, for Layton and Key Colony Beach. No County funds are expended for this work. COUNTY ATTORNEY Q2 Board granted approval to initiate litigation against Manuel Melo and his property, 123 Atlantic Avenue, Tavernier, Florida, to enforce the lien(s) arising from Code Compliance Case No. CE17110041. Page 114 05/17/2023 Q3 Board granted approval and authorized execution of a 9th Amendment to the Lease Agreement with Proplaza, LLC, extending the lease term for the County Attorney's office space for three-years to August 31, 2026, and providing for a 3% annual rent adjustment. The annual rental amount will be $247,566.92 effective September 1, 2023. Q4 Board granted approval to initiate litigation against DGW Corporation and their property, 132 N. Indies Drive, Duck Key, Florida, to seek compliance with the County Code and enforce the lien(s) arising from Code Compliance Case No. CE20010126. Q8 Board granted approval to seek amicus curiae (friend of the court) status in support of the City of Marathon in the matter of Shands v. City of Marathon, 3d21-1987, before the Third District Court of Appeal and possibly the Florida Supreme Court. U3 Board granted approval to advertise a Public Hearing to consider an Ordinance amending Section 6-240 of the Monroe County Code in order to extend the expiration date of certain specialty contractor licenses, that were active as of June 30, 2021, to July 1, 2024;providing for severability; providing for the repeal of conflicting provisions; providing for inclusion in the Monroe County Code; providing for the transmittal to the Department of State; and providing for an effective date. PUBLIC LIBRARIES U4 Board granted approval to advertise a Public Hearing to consider adoption of an Ordinance abolishing the Library Advisory Board created under Ordinance No. 6-1981 and codified under Section 15-67 through 15-72; providing for severability; providing for repeal of all Ordinances inconsistent herewith and providing for an effective date. FACILITIES MAINTENANCE U5 Board granted approval and authorized execution of a 4th Amendment to the Lease Agreement with Key Vaca Center, LLC, for a two-year Commercial Lease renewal and annual rental increase for the Supervisor of Elections office at the 100th Street Center Building in Marathon. The new lease term commences on June 1, 2023, and terminates on May 31, 2025, at a total monthly rental fee of$4,872.90 per month for the upcoming year, and $5,031.44 per month for the second year which includes a 3.25% CPI-U increase for the base rent and its share of the monthly Common Area Maintenance costs, with both having been increased by 3.25%, rather than under the terms of the Lease. Supervisor of Elections funding pays this lease. PROJECT MANAGEMENT U6 Board granted approval to terminate the Agreement with Tropical Island Builders, LLC for the Veteran's Memorial Park ADA Pavilion and Tiki Huts Project for convenience. Page 115 05/17/2023 AIRPORTS U7 Board granted approval and authorized execution of a 4th Extension Agreement to the Advertising Agency Agreement with Anderson Outdoor Advertising, Inc. for five additional years, and granted approval to increase the monthly revenue paid to Key West International Airport from 60%to 70%, or a minimum of$16,667.00 per month, whichever is greater, once new advertising space is available in the new Concourse A. PARKS & BEACHES U8 Board granted approval and authorized execution of a 1 st Amendment to the Contract with PlayCore Wisconsin, Inc. d/b/a GameTime, for the purchase and installation of playground equipment and rubber surfacing in seven children's playground areas and/or fitness courts throughout the County, in the amount of$1,166,995.12. This contract utilizes competitively bid pricing in accordance with County Cooperative Purchasing/Piggybacking Procedures. These projects are funded by the American Rescue Plan Act. AIRPORTS U9 Board granted approval and authorized execution of a 1 st Amendment to the Agreement with Runway Safe, Inc. to incorporate Federal Emergency Management Agency (FEMA) and Florida Department of Emergency Management(FDEM)provisions so that FEMA and FDEM funding may be applied to work under the agreement. BUDGET AND FINANCE U10 Board adopted the following Resolution concerning the Receipt of Unanticipated Funds to be used for the replacement of three Trauma Star Air Ambulance Helicopters in the amount of $53,000,000.00. RESOLUTION NO. 188-2023 Said Resolution is incorporated herein by reference. FACILITIES AND MAINTENANCE Ul 1 Board granted approval to waive the Competitive Solicitation Process set forth in Chapter 3 of the Purchasing Policy, and pursuant to Subchapter 7(B)thereof, and authorized execution of a Contract with D.L. Porter Constructors, Inc., in the amount of$846,747.00, for the renovation of Bayshore Manor for the future home of the Supervisor of Elections; and authorized the Mayor to execute the Agreement after approval by the County Attorney's office. Motion carried unanimously. The Board of County Commissioners meeting adjourned for the Board of Governors, Fire & Ambulance District 1, meeting. Page 116 05/17/2023 FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The Board of Governors for the Fire & Ambulance District 1 convened. Present and answering to roll call were Mayor Craig Cates, Commissioner Holly Raschein, Commissioner David Rice, Councilman Greg Lewis and Mayor Bruce Halle. H1 Motion was made by Councilman Lewis and seconded by Mayor Cates granting approval and authorizing execution of a 1 st Amendment to the Agreement with Stryker Sales, LLC for ProCare support services for existing LUCAS and LifePakl5 equipment for an additional two- year term, to commence on June 15, 2023 and expire on June 14, 2025; and authorized the Fire Chief to execute any additional documentation. Motion carried unanimously. The Board of Governors, Fire & Ambulance District 1, adjourned. The Board of County Commissioners meeting reconvened with all Commissioners present. COMMISSIONER'S ITEMS N1 Greg Veliz, Executive Director of Florida Keys Aqueduct Authority, gave a Power Point Presentation on the Islamorada Transmission Main Replacement Project. N2 Motion was made by Commissioner Rice and seconded by Commissioner Lincoln granting approval of Commissioner Rice's appointment of Patti Stanley to the Tourist Development Council, District 4 seat, to fulfill the term of James Bernardin. Motion carried unanimously. STAFF REPORTS El Cheryl Sullivan, Director of Solid Waste, gave a Power Point Presentation update on Solid Waste Management. E2 Bryan Cook, Director of Employee Services, gave a Power Point Presentation on Employee Services Department Staff Report. SOUNDING BOARD S1 Jack Haigwood addressed the Board regarding speeders on Spanish Main Drive, Cudjoe Key. Kevin Madok, County Clerk, arrived at the meeting and took his seat. Page 117 05/17/2023 MISCELLANEOUS ITEM Bart Smith, Esq. representing AshBritt, Inc., addressed the Board regarding funds paid by the County to AshBritt, Inc., in the amount of$100,000.00, which have been donated back to local charities. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS J2 Emily Schemper, Sr. Director of Planning and Environmental Resources, addressed the Board regarding a request for approval of Geosyntec Consultants, Inc. d/b/a Applied Technology & Management(ATM) to perform Mooring Field Design & Permitting Services in Monroe County and the direction to staff to negotiate a Contract with ATM. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Scholl granting approval of the item. Motion carried unanimously. PUBLIC HEARING R5 Motion was made by Commissioner Lincoln and seconded by Commissioner Rice to postpone the Public Hearing for 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 until the September 20, 2023 meeting, in Key Largo, Florida. Roll call vote carried unanimously. Bob Shillinger, County Attorney, addressed the Board. COUNTY ATTORNEY Q5 Mr. Shillinger and Roman Gastesi, County Administrator, addressed the Board regarding whether to pursue adopting a County Charter. Kevin Wilson, Assistant County Administrator, gave a Power Point Presentation on the County's Spending Needs Going Forward. The following individual addressed the Board: Christopher Massicotte. The Board took no official action. MISCELLANEOUS BULK ITEM C4 Motion was made by Commissioner Raschein and seconded by Commissioner Lincoln granting approval of a Contract with WSP USA Inc. for Engineering Design and Permitting Services for the Stillwright Point Road Elevation and Stormwater Improvement Project in the maximum, not to exceed, amount of$1,550,809.00. The design and permitting phase is partially funded by a Florida Department of Environmental Protection Resilient Florida Program Grant. Motion carried unanimously. COUNTY ADMINISTRATOR P2 Commissioner Lincoln addressed the Board regarding a Resolution to authorize the temporary closing of the Northbound Lanes of U.S. 1 from mile marker 98.2 to mile marker 100 from 9:45 a.m. to 11:45 a.m. for the annual 4th of July parade sponsored by the Key Largo Page 118 05/17/2023 Chamber of Commerce; and authorization for parade organizers to utilize the County's bicentennial logo to help commemorate the 200th anniversary of the establishment of Monroe County. Mr. Gastesi, Kristen Livengood, Public Information Officer, and Mr. Shillinger addressed the Board. After discussion, motion was made by Commissioner Raschein and seconded by Commissioner Scholl adopting the following Resolution. Motion carried unanimously. RESOLUTION NO. 189-2023 Said Resolution is incorporated herein by reference. COUNTY ATTORNEY Q1 Mr. Shillinger referred the Board to the County Attorney Report for May 2023. Said report is incorporated herein by reference. Mr. Shillinger relayed to the Board the compliments he received on the Plantation Key Courthouse. Mr. Shillinger addressed the Board concerning the new agenda software and processes. Lindsey Ballard, County Administration Business Manager, addressed the Board. Mr. Shillinger introduced new members of the County Attorney's Office, as follows: Assistant County Attorney Christine Cory; Assistant County Attorney Nathalia Archer; and Michael Perez, who is a law student that will be working with the office over the summer. Q6 Mr. Shillinger presented a settlement offer in the matter of Burke Construction Group, Inc. v. Monroe County, Case No. 19-CA-80-M. Cynthia Hall, Assistant County Attorney, addressed the Board. The Board took no action. Q7 Brian Bradley, Risk and Public Records Manager, gave a Power Point Presentation on Named Storm Insurance. Mr. Shillinger addressed the Board. After discussion, motion was made by Commissioner Scholl and seconded by Commissioner Raschein granting approval to ratify changes made to the Marsh USA Primary Property Policy. Motion carried unanimously. PUBLIC HEARINGS R1 A Public Hearing was held to consider approval of an Ordinance amending Chapter 18, Parks and Recreation, of the Monroe County Code, to create a Monroe County Summer Camp Program; and allow fees to be charged for summer camp recreational services. There was no public input. Motion was made by Commissioner Lincoln and seconded by Commissioner Raschein adopting the following Ordinance. Motion carried unanimously. ORDINANCE NO. 007-2023 Said Ordinance is incorporated herein by reference. Page 119 05/17/2023 R2 A Public Hearing was held to consider adoption of an Ordinance adding Section 2-428 to 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. There was no public input. Motion was made by Commissioner Rice and seconded by Commissioner Raschein adopting the following Ordinance. Motion carried unanimously. ORDINANCE NO. 008-2023 Said Ordinance is incorporated herein by reference. R3 A Public Hearing was held to consider adoption of an Ordinance amending Chapter 18, Article I, of the Monroe County Code to add Section 18-5 for Children's Playground Regulations; by amending Chapter 18, Article II Sections 18-26, 18-27 and 18-28 to delete references to `Children's Park Areas'; 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. There was no public input. Motion was made by Commissioner Lincoln and seconded by Commissioner Raschein adopting the following Ordinance. Motion carried unanimously. ORDINANCE NO. 009-2023 Said Ordinance is incorporated herein by reference. R4 A Public Hearing was held to consider approval of an Ordinance amending the Monroe County Tier Overlay District Map from Tier III-A to Tier III, as requested by Maciej Jarzebowski for 24100 and 24150 Overseas Highway, Lots 2 and 3, at approximate mile marker 24.1, as shown on the amended Plat of Dobie's Subdivision, Plat Book 2, Page 135, Summerland Key, currently having property identification number 00188710-000000, and for a portion of Lot 1, Dobie's Subdivision, Plat Book 2, Page 95, and for a portion of Lot 21, Block 2, Summerland Cove, Addition 2, Plat Book 4, Page 100, Summerland Key, currently having property identification number 00190940-000200. There was no public input. Motion was made by Commissioner Raschein and seconded by Commissioner Lincoln adopting the following Ordinance. Motion carried unanimously. ORDINANCE NO. 010-2023 Said Ordinance is incorporated herein by reference. CLOSED SESSIONS Mr. Shillinger addressed the Board concerning the following two items, K1 and K2: K1 An Attorney-Client Closed Session in the matter of Galleon Bay v. Monroe County, et al., Case No. 02-CA-595-K. K2 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. Page 120 05/17/2023 Motion was made by Commissioner Rice and seconded by Commissioner Lincoln continuing both Closed Sessions to the Board of County Commissioners regular meeting on June 21, 2023, in Key Largo, Florida. Motion carried unanimously. SUSTAINABILITY U2 Mr. Shillinger addressed the Board regarding approval to enter into a 4th Task Order under the Category C On-Call Resilience and Environmental Engineering Services Contract with WSP USA Environment& Infrastructure Solutions, Inc., not to exceed $59,483.27, to develop and submit a Grant Application for an electric vehicle charging station corridor in the County and municipalities, retroactive to May 4, 2023. After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Scholl granting approval of the item. Motion carried unanimously. COMMISSIONER'S COMMENTS Commissioner Scholl expressed his appreciation of the commissioning event held for the Lenah Sutcliffe Higbee DDG 123. Commissioner Lincoln reminded the Board of the County Bicentennial Sunset Celebration on the Old 7-Mile Bridge on Friday, May 19th. Commissioner Raschein asked for an update on the discussions with FEMA regarding downstairs enclosures. Mr. Gastesi and Mr. Shillinger addressed the Board. 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 121 05/17/2023