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Item M1 M1 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE u,.. 9 Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 - James K. Scholl,District 3 ' David Rice,District 4 Board of County Commissioners Meeting June 21, 2023 Agenda Item Number: M1 2023-1062 BULK ITEM: Yes DEPARTMENT: Clerk TIME APPROXIMATE: STAFF CONTACT: Liz Yongue 305-292-3550 NA AGENDA ITEM WORDING: Approval of the minutes from the February 15, 2023 regular meeting. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: Approval. DOCUMENTATION: 02. February 15.pdf FINANCIAL IMPACT: 3282 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, February 15, 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, and Mayor Craig Cates. Also present at the meeting were Roman Gastesi, County Administrator; Pedro Mercado, Senior Assistant County Attorney; Kevin Madok, County Clerk; Liz Yongue, Deputy Clerk; county staff, members of the press and radio; and the general public. Pedro Mercado, Senior Assistant County Attorney, addressed the Board. Motion was made by Commissioner Lincoln and seconded by Commissioner Raschein finding that extraordinary circumstances exist to allow Commissioner Scholl to attend the meeting by Zoom. Motion carried unanimously. PRESENTATION OF AWARDS B1 Presentation of Years of Service Award in recognition of 10 years of service to Breanne Erickson, Contract/Budget Administrator, Monroe County Project Management. B2 Presentation of Years of Service Award in recognition of more than 28 years of service to Pam Pumar, Human Resources Senior Administrator, upon her retirement. B4 Presentation of an Honorary Conch Certificate to Amy Phillips for her dedication to the preservation and conservation of Florida Keys Lands. Commissioner James Scholl joined the meeting via Communication Media Technology. SHERIFF'S OFFICE Sheriff Rick Ramsay addressed the Board regarding the Monroe County Sheriff's Office need for additional Trauma Star helicopters. Roman Gastesi, County Administrator, addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Lincoln granting approval to begin contract negotiations with Leonardo. Motion carried unanimously. Page 11 02/15/2023 3283 ADDITIONS, CORRECTIONS & DELETIONS Al Motion was made by Commissioner Lincoln and seconded by Commissioner Raschein granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried unanimously. BULK APPROVALS Motion was made by Commissioner Raschein and seconded by Commissioner Lincoln granting approval of the following items by unanimous consent: C1 Board granted approval to add one new full time equivalent position of one Parks & Beaches Recreation Team Leader for the Lower Keys in the Fiscal Year 2023 budget for Parks and Beaches. C2 Board granted approval and authorized execution of a 1 st Amendment to the Lease Agreement with the Lower Keys Chamber of Commerce, Inc. for two parcels on Big Pine Key for use as an office, welcome center, and for various Chamber sponsored community events. C3 Board granted approval and authorized execution of an 8th Change Order to the Contract with West Construction, Inc., a no-cost time extension, for the new Cudjoe Fire Station Project. The project is complete, however the contractor experienced significant delays as a result of the Covid-19 pandemic and a change order is needed in order to release the final payment. C4 Board granted approval and authorized execution of a 3rd Amendment to the Agreement with Air Mechanical & Service Corp. for chiller Maintenance & Service, for a 6.5% CPI-U increase, renewal of the second of optional one-year term, and update to contract provisions. Funding is Ad Valorem. C5 Board granted approval and authorized execution of a 4th Amendment to the Agreement with Sub-Zero, Inc., for Lower Keys HVAC Maintenance & Service, for a one-year renewal, an annual 6.5% CPI-U increase, and update to certain contract provisions. Funding is Ad Valorem. C6 Board granted approval and authorized execution of a 4th Amendment to the Agreement with Master Mechanical Services, Inc., for Middle Keys HVAC Maintenance & Service, for a one-year renewal, an annual CPI-U increase of 6.5%, and update to certain contract provisions. Funding is Ad Valorem. C7 Board granted approval and authorized execution of a 4th Amendment to the Agreement with Master Mechanical Services, Inc., for Upper Keys HVAC Maintenance & Service, for the last one-year renewal, an annual CPI-U adjustment of 6.5%, and update to certain contract provisions. Funding is Ad Valorem. Page 12 02/15/2023 3284 C9 Board granted approval and authorized execution of an Agreement for Grant Writing and Administration Services with Hale Innovation, LLC. This agreement is in the form of an on-call continuing services contract effective for two years. C10 Board adopted the following Resolution to amend the Personnel Policies and Procedures Manual including: Section 1.05-Gift policy; Section 2.14 regarding Promotional Opportunities; Section 7.01 Annual Leave; Section 7.05 regarding Bereavement Leave; Section 8.01 regarding Administrative and Military Leave; and Section 9.11 regarding Procedure for Imposing Discipline. RESOLUTION NO. 061-2023 Said Resolution is incorporated herein by reference. C 11 Board granted approval and authorized execution of an Agreement for Grant Writing and Administration Services with WSP USA, Inc. This agreement is in the form of an On-Call Continuing Services Contract effective for two years. C 12 Board granted approval and authorized execution of an Agreement for Grant Writing and Administration Services with Langton Associates, Inc. This agreement is in the form of an On- Call Continuing Services Contract effective for two years. C14 Board granted approval of a Release for Property Damage Only and settlement amount for damages sustained by a subcontractor working on the new Plantation Key Courthouse. The settlement, in the amount of$64,658.50, is 100% of the expense incurred by the County for the emergency repairs to the damaged sewer line. C 15 Board granted approval to ratify emergency procurement for plumbing repairs, in the amount of$64,658.50, at the new Plantation Key Courthouse. This expense was incurred as a result of a subcontractor damaging the sewer line while working on the new courthouse. The subcontractor's insurance company has agreed to reimburse the County, in the amount of $64,658.50, which is 100% of the expense incurred by the County. C 16 Board granted approval to apply for grant funding for equipment that removes carcinogens from firefighter gear from the Federal Emergency Management Agency's Assistance to Firefighters Grant Program; and granted approval for the Fire Chief to execute any and all documentation required as part of the application and award process. C17 Board granted approval and authorized execution of an Agreement for Grant Writing and Administration Services with Triad Advisory Services, Inc. This agreement is in the form of an On-Call Continuing Services Contract effective for two years. C18 Board granted approval to reject all bids for the Construction Manager at Risk Services for Wind-Retrofits at 10 County Buildings RFP which were opened January 5, 2023; and granted approval to re-advertise a competitive solicitation once the design phase is complete. Page 13 02/15/2023 3285 C 19 Board granted approval and authorized execution of a Renewal to the Contract with Dion Fuels LLC for a one-year term beginning March 15, 2023. C20 Board granted approval and authorized execution of a 4th Amendment to the Task Order with Kisinger Campo & Associates, Corp. for Engineering Design and Permitting Services for the Bimini Drive Bridge (#904603) Replacement Project, to add additional Post Design Engineering Services in the total, not to exceed, amount of$59,612.00. The revised total, not to exceed, amount for this task order is $1,098,927.23. C21 Board granted approval of a 1 st Amendment to the Task Order with Kisinger Campo & Associates, Corp. for the Engineering Design and Permitting Services for the Seaview Drive Bridge (#904606) Replacement Project, to add additional Post Design Engineering Services in the total, not to exceed, amount of$147,522.00. The revised total not to exceed amount for this task order is $788,061.25. C22 Board granted approval to submit an application for a Florida Department of Transportation (FDOT) Small County Outreach Program Grant, in the amount of$3,263,000.00, to partially fund the repair, resurfacing and elevation of Key Deer Boulevard north of Watson Boulevard on Big Pine Key. If awarded, the grant would be programmed in the FDOT work program Fiscal Years 2026 and 2027 and would require the county to provide matching funds, in the amount of approximately $5,580,000.00, for the engineering design phase and a portion of the construction phase. C23 Board granted approval of a Workers' Compensation Settlement in the amount of $100,000.00, inclusive of Attorney's fees. C24 Board granted approval and authorized execution of a 2nd Amendment to the Lease Agreement with Rockland Investment Corporation, Inc., for the temporary Rockland Key Fleet Garage lease, to include an additional parcel beginning February 15, 2023. The additional monthly rental amount of$1,134.42 will be owed for the additional parcel. C25 Board granted approval and authorized execution of an Agreement with PFM Financial Advisors LLC for financial advisory services. C26 Board granted approval and authorized execution of a 1 st Amendment to the American Rescue Plan Contract No. RP-2129.2 between the Alliance for Aging, Inc. and Monroe County /Monroe County Social Services to increase grant funding, in the amount of$89,775.43, bringing the contract total from $142,333.49 to $232,108.92 for the contract period of October 1, 2022 through September 30, 2023. C27 Board granted approval of a federally funded Sub-Award and Grant Agreement between Monroe County and Florida Division of Emergency Management for public assistance relating to Hurricane Ian; granted approval for the Senior Director of Budget and Finance to act as the authorized agent for the County and to execute the attached forms; and granted approval for the County Administrator to sign related documents including amendments to the agreement. Page 14 02/15/2023 3286 C28 Board granted approval to ratify an Agreement with the U.S. Department of Treasury for the Local Assistance and Tribal Consistency Fund(LATCF) established by Section 605 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021. Federal Funds, in the amount of$1,526,054.10 in total with payment in two tranches, are obligated to Monroe County, for Fiscal Year 2022 and 2023. No match is required. Board granted approval for the Director of Budget and Finance to serve as the Authorized Representative. The Authorized Representative will have the responsibility to electronically sign and submit documents in the U.S. Department of Treasury grant portal for the LATCF Funds. C29 Board granted approval of the Monroe County Purchasing Policy, to include minor changes to Attachments B.2, B.3., and B.4., forms related to fixed assets, as requested by the Property Clerk; Attachment D.5, the County Administrator Contract Summary Form for Contracts Less Than $50,000, was revised to remove obsolete language; and Attachment D.11. the Drug-Free Workplace Form, was revised to correct the revision date at the bottom of the form. C30 Board granted approval and authorized execution of a 12th Amendment to Community Pool Lease Agreement with Upper Keys Community Pool, Inc., to extend the lease term on a month-to-month basis not to exceed July 13, 2023, for the property known as Jacobs Aquatic Center located at Key Largo Community Park. C31 Board granted approval to purchase four Dell XC750 servers from CDW Government with components included in order to replace the County's existing four servers which serve as the County's Hyper Converged Infrastructure environment; and granted approval for the IT Director to sign any related documentation required for this purchase. The four physical servers are efficiently and securely powering over fifty virtual servers supporting all of the County's local computer needs (file servers, local applications, and local infrastructure). The quote utilizes NASPO Contract No. 43211500-WSCA-I5-ACS competitively bid pricing. C32 Board accepted the Report of monthly Change Orders for the month of January 2023, reviewed by the County Administrator/Assistant County Administrator. Said report is incorporated herein by reference. C33 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. 062-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 063-2023 Said Resolution is incorporated herein by reference. Page 15 02/15/2023 3287 Receipt of Unanticipated Funds (OMB Schedule Item No. 3). RESOLUTION NO. 064-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 4). RESOLUTION NO. 065-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 5). RESOLUTION NO. 066-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 067-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 068-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 069-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 9). RESOLUTION NO. 070-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 071-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 072-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 073-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 074-2023 Said Resolution is incorporated herein by reference. Page 6 02/15/2023 3288 Transfer of Funds (OMB Schedule Item No. 14). RESOLUTION NO. 075-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 076-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). RESOLUTION NO. 077-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 078-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 079-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 19). RESOLUTION NO. 080-2023 Said Resolution is incorporated herein by reference. C34 Board granted approval and authorized execution of a Task Order, in the amount of $207,945.05, for Grant Administration Services with WSP USA, Inc. to be used for the Emergency Operations Center Project. This will be funded by the Sub-Recipient Management Costs (SRMC)included in the Phase 11 Hazard Mitigation Grant Program Grant No. 4337-066- A. SRMC funds are in addition to construction funds. TOURIST DEVELOPMENT COUNCIL DI Board granted approval and authorized execution of a 3rd Amendment to the Agreement with the Mel Fisher Maritime Heritage Society, Inc. for the Mel Fisher 2nd Round Improvements Project, to extend the completion date to June 30, 2023. D2 Board granted approval and authorized execution of a 1 st Amendment to the Agreement with Florida Keys Wild Bird Rehabilitation Center, Inc. for the Florida Keys Wild Bird Center Pelican Pond Reconstruction Phase 11 Project, to extend the completion date to September 30, 2023. D3 Board adopted the following Resolution to authorize the payment of expenses and invoices related to trade shows as set forth in the approved Monroe County Tourist Development 2022-2023 Marketing Plan; and granted approval to provide additional advance registration, Page 17 02/15/2023 3289 booth related expenses, and travel related expenses for trade shows for Fiscal Year 2024 to be paid from TDC funds in Fiscal Year 2023. RESOLUTION NO. 081-2023 Said Resolution is incorporated herein by reference. COUNTY LAND ACQUISITION AND LAND MANAGEMENT F l Board adopted the following Resolution granting approval of a Purchase Agreement of property pending final Department of Economic Opportunity approval, funded by the Community Development Block Grant-Disaster Recovery Voluntary Home Buyout Program, in the amount of$380,000.00; and authorized execution of a Restrictive Covenant running with the land; and approved the movement of one Market Rate- Rate of Growth Ordinance exemption from the acquired property to the Administrative Relief pool for market rate allocation(s). RESOLUTION NO. 082-2023 Said Resolution is incorporated herein by reference. F2 Board adopted the following Resolution granting approval of a Purchase Agreement of property pending final Department of Economic Opportunity approval, funded by the Community Development Block Grant-Disaster Recovery Voluntary Home Buyout Program, in the amount of$240,000.00; authorized the execution of a Restrictive Covenant running with the land; and approved the movement of one Market Rate- Rate of Growth Ordinance exemption from the acquired property to the Administrative Relief pool for market rate allocation(s). RESOLUTION NO. 083-2023 Said Resolution is incorporated herein by reference. F3 Board granted approval to advertise a Request for Bids for the installation of two fences on County conservation lands in Key Largo on the bayside near mile marker 94, south of Sunset Gardens Drive, and near mile marker 96 on the Bayside. AIRPORTS I1 Board granted approval to ratify a 2nd Amendment to State of Florida Department of Transportation (FDOT) Public Transportation Grant Agreement No. GIV30, as executed by the Director of Airports,providing funding in the amount of$240,000.00 for Environmental Assessment Projects at Florida Keys Marathon International Airport, to be funded by FDOT (80%); and Marathon Airport Fund 403 (20%). I2 Board granted approval to issue a Purchase Order to Florida Airfield Maintenance JV pursuant to the purchasing policy cooperative purchasing exemption in the amount of$54,320.77 for annual rubber removal and repainting of Key West International Airport Runway 9/27. Florida Airfield Maintenance JV holds Florida Department of Transportation (FDOT) State Page 18 02/15/2023 3290 Contract No. BEA-97 for this project which will be funded by FDOT Airfield Improvements Grant Nos. G1007; and/or G2E62 (50%); and Key West International Airport Fund 404 (50%). I3 Board accepted the Report of Airport Change Orders for the month of January 2023 reviewed by the County Administrator/Assistant County Administrator. Said report is incorporated herein by reference. I4 Board granted approval to award bid and authorized execution of an On-Airport Service Facility Lease with Avis Budget Car Rental, LLC at Key West International Airport, for a period of five years. I5 Board granted approval to award bid and authorized execution of an On-Airport Common Use Service Facility Lease with The Hertz Corporation at Key West International Airport, for a period of five years. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS J1 Board adopted the following Resolution reserving 13 Affordable Housing Rate of Growth Ordinance Allocations consisting of four low income, four median income, and five moderate income Affordable Housing Allocations,pursuant to Monroe County Land Development Code Section 138-24(b)(2), as requested by Mobile Homes Holdings Coco, LLC, for 13 additional Affordable Housing Units located on U.S. Highway 1, Lot 30, Sacarma, a Subdivision of Government Lots 3 and 4 in Section 29, Township 66 South, Range 28 East, Cudjoe Key (approximate mile marker 21.5), currently having property identification number 00174960-000000, until February 15, 2024. RESOLUTION NO. 084-2023 Said Resolution is incorporated herein by reference. J2 Board adopted the following Resolution accepting and approving a Joint Participation Agreement with the Florida Department of Transportation (FDOT), in the amount of $600,000.00, for Monroe County's July 1, 2023 through June 30, 2025 Transportation Planning Program, funded by FDOT with a 12.5% ($75,000) County match requirement. RESOLUTION NO. 085-2023 Said Resolution is incorporated herein by reference. J3 Board granted approval and authorized execution of an 18th Work Order to complete the 2023 U.S. I Arterial Travel Time and Delay Study, in the amount of$95,186.57,pursuant to the AECOM Transportation Planning Continuing Services Contract which is funded through a Joint Participation Agreement from the Florida Department of Transportation. County share of cost is $11,898.32. Page 19 02/15/2023 3291 J4 Board granted approval and authorized execution of a Task Order No. 2023-AE-98 with Adventure Environmental, Inc., in the amount of$60,000.00, for the removal and disposal of three Derelict Vessels, funded by a grant from the Florida Fish and Wildlife Conservation Commission Derelict Vessel Grant Program. COMMISSIONER'S ITEMS L1 Board adopted the following Resolution expressing the Board's support for efforts of the Florida Keys Aqueduct Authority to situate a reverse osmosis plant in or near Marathon, Florida in the Middle Keys. RESOLUTION NO. 086-2023 Said Resolution is incorporated herein by reference. L2 Board granted approval of Mayor Cates' appointment of Leslie Eadeh to the Monroe County Art in Public Places Committee, replacing Christina Spottswood, with a term to expire November 18, 2024. L3 Board granted approval of Mayor Pro Tem Raschein's reappointment of Gina Boilim to the Monroe County Shared Asset Forfeiture Fund Advisory Board, with a term to expire November 2024. L7 Board granted approval and authorized execution of a 1 st Amendment to the Contract with Frank Jackson, IT Technician for the Duck Key Security District Advisory Board, to provide a salary increase. L8 Board granted approval of Commissioner Scholl's appointment of Matthew P. Babich to the Parks and Recreation Board, replacing Gayle Glover, with a term to expire February 15, 2027. COUNTY CLERK M1 Board granted approval of the minutes from the November 15, 2022 regular meeting. Said minutes are incorporated herein by reference. M2 Board granted approval of BOCC Warrants 10114310-10115340 (AP); 28968-29041 (WC); all payroll direct deposited to employee's bank accounts for the month of January 2023, as follows: Fund Fund Title Amount 001 General Fund $4,150,733.60 101 Fine & Forfeiture $11,681,979.10 102 Road/Bridges $221,496.22 104 Middle Keys Health Care MSTU $11,217.19 115 Tourist Development Council-Two Penn $441,511.87 Page 110 02/15/2023 3292 Fund Fund Title Amount 116 TDC - Admin Promo 2 Cent $934,258.47 117 TDC - District 1 Third Cent $1,620,949.69 118 TDC - District 2 Third Cent $269,390.29 119 TDC - District 3 Third Cent $471,256.16 120 TDC - District 4 Third Cent $137,580.83 121 TDC - District 5 Third Cent $272,594.67 125 Grant Fund $1,885,728.15 141 Fire/Ambulance $937,642.48 147 Unincorporated Service $223,251.27 148 Planning Building $556,508.02 149 Municipal Policing $1,475,965.93 150 E911 Enhancement Fund $44,803.87 152 Duck Key Security $8,637.91 153 Local Housing Assistance $197,835.34 157 Boating Improvement Fund $52,476.91 158 Miscellaneous Special Revenue Fund $38,631.65 160 Environmental Restoration $57,906.42 162 Law Enforcement Trust-600 $7,000.00 163 Court Facilities $29,953.95 164 Drug Facilities Fees $7,746.04 171 Stock Island Wastewater $924.49 175 Long Key-Layton MSTU $924.49 176 Duck Key MSTU $924.49 177 Canal #266 MSBU $592.57 180 Building Funds $398,107.95 304 1 Cent Infrastructure $452,958.97 310 Big Coppitt Wastewater $924.49 312 Cud'oe Regional WW Project $9,300.55 314 Series 2014 Revenue Bonds $166,382.28 316 Land Acquisition $1,390.00 401 Card Sound Bride $23,277.46 403 Marathon Airport $176,668.55 404 Key West Int'l Airport $1,911,679.20 405 Key West International Airport Series 2022 $158,286.00 Revenue Bonds 406 PFC & Operating Restrictions $488,576.74 414 MSD Solid Waste $1,849,622.83 501 Workers' Compensation $112,259.69 502 1 Group Insurance Fund $1,541,689.68 503 Risk Management Fund $114,978.79 504 Fleet Management Fund $271,696.11 610 Fire/EMS LOSAP Trust Fund $2,805.00 Page 11 02/15/2023 3293 M3 Board granted approval of Tourist Development Council expenses for the month of January 2023, as follows: Vendor Amount Advertising $3,283,938.99 Bricks & Mortar Projects $268,978.49 Events $89,642.70 Office Supplies & Operating Costs $12,017.49 Personnel Services $107,813.21 Public Relations $138,860.05 Sales & Marketing $40,366.48 Telephone &Utilities $29,045.85 Travel $15,794.97 Visitor Information Services $83,704.33 COUNTY ADMINISTRATOR N1 Board accepted the County Administrator's monthly Report for February 2023. Said report is incorporated herein by reference. N2 Board adopted the following Resolution supporting the reappointment of Michael Steckbauer, M.D. as the District 16 Medical Examiner of Monroe County by the Medical Examiners Commission of the State of Florida; and granted approval for the County Administrator to complete the necessary forms. RESOLUTION NO. 087-2023 Said Resolution is incorporated herein by reference. N3 Board adopted the following Resolution setting the rent, applicant qualifications, and conditions for the Employee Rental Housing Program. RESOLUTION NO. 088-2023 Said Resolution is incorporated herein by reference. N5 Board granted approval and authorized execution of a Contract with LPS Utilities, Inc., in the amount of$1,600,000.00, for the installation of two submerged elliptical concrete culverts to hydraulically connect Canal Number 475 and Canal Number 470 on Geiger Key, located between Boca Chica Road, Sirius Lane, Star Lane and Vega Lane as a Canal Restoration Project funded by Florida Department of Environmental Protection Stewardship Grant No. LPA0249. N6 Board granted approval and authorized execution of a 5th Task Order to the Contract with WSP USA Environment& Infrastructure, Inc., in the amount of$79,973.00, for On-Call Category B— Canal Infrastructure Engineering Services, for Construction Engineering and Inspection Services to oversee the installation of two submerged concrete culverts to Page 112 02/15/2023 3294 hydraulically connect Canal Number 475 and Canal Number 470 on Geiger Key, funded by Florida Department of Environmental Protection Grant No. LPA0249. N7 Board adopted the following Resolution to accept the updated Southeast Florida Regional Climate Action Plan (RCAF 3.0), providing actionable recommendations in support of regionally coordinated strategies and efforts in the areas of climate adaptation, resilience and greenhouse gas emission reductions; granted approval for the County Administrator to implement the RCAF 3.0 to the extent possible with current resources; and granted approval to seek grants and partnerships to assist in further implementation. RESOLUTION NO. 089-2023 Said Resolution is incorporated herein by reference. N9 Board granted approval and authorized execution of a 1 st Task Order to the Contract with WSP USA Environment&Infrastructure, Inc., in the amount of$677,537.00, for Professional Services for 10 Canal Restoration Projects, and to design,permit and procure nine Canal Restoration Projects, funded by Florida Department of Environmental Protection Stewardship Grant No. LPA0428. N10 Board adopted the following Resolution authorizing the use of Fiscal Year 2022-2023 Stewardship funds, in the amount of$5,613,333.34, for the Canal Restoration Program. RESOLUTION NO. 090-2023 Said Resolution is incorporated herein by reference. N11 Board granted approval and authorized execution of Florida Department of Environmental Protection Planning Grant Agreement No. 22PLN67, in the amount of $75,000.00, to develop a Natural Resources Adaptation Plan and update the County's Vulnerability Assessment pursuant to Section 380.093, Florida Statutes; and granted approval of a $75,000.00 County match requirement. N12 Board granted approval and authorized execution of Florida Department of Environmental Protection Revenue Grant Agreement No. LPA0428 to authorize Stewardship funds, in the amount of$4,246,515.00, for the Canal Restoration Program. COUNTY ATTORNEY 02 Board granted approval to advertise a Public Hearing to consider an Ordinance amending Article III, Division 5 of the Monroe County Code (County Attorney) and Article V, Division 4 of the Monroe County Code (Risk Management Program). 03 Board granted approval to initiate litigation against Cynthia N. Sandhusen and her property located at 22725 Old State Road 4A, Cudjoe Key, Florida, to seek compliance with the County Code and enforce the lien(s) arising from Code Compliance Case Nos. CE18060108 and CE20110073. Page 113 02/15/2023 3295 04 Board granted approval to initiate litigation against John B. Baillie and his property, Vacant Lan Minorca Dr., Big Pine Key, Florida, to seek compliance with the County Code and enforce the lien(s) arising from Code Compliance Case No. CE21020146. 05 Board granted approval to initiate litigation against Brian Schumacher and his property, 28161 Helen Avenue, Little Torch Key, Florida, to seek compliance with the County Code and enforce the lien arising from Code Compliance Case No. CE21050008. 06 Board granted approval and authorized execution of a cost-neutral Services Agreement Addendum to the Contract with Clear Risk Inc. for a read-only user license instead of integration. 07 Board granted approval to initiate litigation against Harvey L. Johnson& Margaret E. Crowley and their property, 1551 Coral Ct., Sugarloaf Key, Florida, to seek compliance with the County Code and enforce the lien(s) arising from Code Compliance Case No. CE20110056. AIRPORTS S 1 Board granted approval to award bid and authorized execution of an Airport Service Facility Lease Agreement(Common Use)with Enterprise Leasing Company of Florida, LLC at Key West International Airport, for a period of five years. COUNTY ATTORNEY S2 Board granted approval of a Settlement Agreement in the case of Monroe County v. Coher and Coher Invest. Co. Ltd., Case No. 18-CA-674-P; and granted approval for the County Attorney to execute the settlement agreement and other necessary documents. SUSTAINABILITY S3 Board granted approval and authorized execution of Florida Department of Economic Opportunity Community Planning Technical Assistance Program Revenue Grant No. P0467, in the amount of$50,000.00, to create a Pigeon Key Resilience and Adaption Plan. PROJECT MANAGEMENT S4 Board granted approval and authorized execution of an Agreement with Strong Tower Construction, LLC d/b/a Koch Corporation for the replacement of 36 windows at the Monroe County Detention Center for $208,137.00. This project is funded by the American Rescue Plan Grant. COUNTY ATTORNEY S5 Board granted approval of a conflict waiver with the law firm of Gray Robinson (GR) to allow GR to represent the Florida Department of Management Services in connection with a Page 114 02/15/2023 3296 transfer of a County owned cell tower to the State; and granted approval for the County Attorney to sign the conflict waiver letter. EMERGENCY SERVICES S6 Board granted approval of a renewal of a Class A Certificate of Public Convenience and Necessity(COPCN)to E Care Ambulance Inc. The renewal COPCN is for the operation of an Advanced Life Support Transport Service in Monroe County, Florida, excluding the City of Marathon,for the period March 18, 2023 through March 17, 2025 for responding to requests for inter-facility transports only. E Care Ambulance Inc. is not authorized to perform 911 scene response work within Monroe County. AIRPORTS S7 Board adopted the following Resolution concerning the Receipt of Unanticipated Funds relating to the Rehab Taxiway A Pavement&Lighting Construction Project at Key West International Airport. RESOLUTION NO. 091-2023 Said Resolution is incorporated herein by reference. Motion carried unanimously. Bob Shillinger, County Attorney, arrived at the meeting and took his seat. COMMISSIONER'S ITEMS L9 The following individual addressed the Board concerning support for the Florida Fish and Wildlife Conservation Commission's (FFWCC) Artificial Reef Construction Program: Robert Spottswood, Jr., representing FFWCC. Mr. Gastesi, Emily Schemper, Sr. Director Planning & Environmental Resources; and Bob Shillinger, County Attorney, addressed the Board. After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Raschein to adopt the following Resolution expressing support for the FFWCC Artificial Reef Construction Program, with the following additional language on page 2: NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA hereby: 1) Supports the habitat support structure efforts made by the artificial reef program administered by the Florida Fish and Wildlife Conservation Commission; and 2) Commits to exploring an expanded State-County partnership, subject to state funding, to establish a County program. Motion carried unanimously. Page 115 02/15/2023 3297 RESOLUTION NO. 054-2023 Said Resolution is incorporated herein by reference. L6 The following individual addressed the Board concerning a Resolution of support for the Early Learning Coalition of Monroe County in their appeal to the Florida Legislature to (1) amend the School Readiness Program Eligibility Criteria to increase access for children in need of early childhood education; and (2) increase childcare provider reimbursement rates statewide to offset higher operational costs incurred by Early Learning Programs: Sandi Bisceglia, representing the Early Learning Coalition. Motion was made by Commissioner Rice and seconded by Commissioner Raschein to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 055-2023 Said Resolution is incorporated herein by reference. MISCELLANEOUS BULK ITEMS CS The following individual addressed the Board concerning approval of a Construction Contract time extension for the Bimini Drive Bridge Replacement Project on Duck Key. This change order extends the substantial completion date by 217 days at no additional cost. The extension is due to impacts to the project schedule that were not a part of the contractor's scope of work and were not due to his actions or inaction. This contract extension is to be retroactive and added to the existing contract expiration date of February 9, 2023, with a new substantial completion date of September 14, 2023: Patricia McGrath. Judy Clarke, Director of Engineering/Roads & Bridges, addressed the Board. After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Raschein to approve the item. Motion carried unanimously. C13 The following individual addressed the Board concerning approval to negotiate a contract with WSP USA, Inc. for the engineering design and permitting phase of the Stillwright Point Road Elevation and Stoi7nwater Management Project, and if an agreement cannot be reached with the highest ranked respondent, approval to negotiate with the next highest ranked respondent until an agreement is reached. The design is partially funded by a Florida Department of Environmental Protection Resilient Florida Program Grant: George Smyth. Ms. Clarke addressed the Board. After discussion, motion was made by Commissioner Raschein and seconded by Commissioner Lincoln to approve the item. Motion carried unanimously. COMMISSIONER'S ITEM L5 Phil Goodman, Chairman of the Board of the Florida Keys Mosquito Control District (FKMCD), and Andrea Leal, Executive Director of FKMCD, gave a Power Point Presentation on the District's operations and requested approval of a Resolution expressing the Board's support for the District retaining responsibility for mosquito control activities in Monroe County. After discussion,motion was made by Commissioner Rice and seconded by Commissioner Raschein to adopt the following Resolution. Motion carried unanimously. Page 116 02/15/2023 3298 RESOLUTION NO. 056-2023 Said Resolution is incorporated herein by reference. COUNTY ATTORNEY 08 Brian Bradley, Risk Management Manager, gave a Power Point Presentation and requested policy direction regarding the current named storm insurance levels carried by the County, and the possibility of raising these limits closer to standard levels. Richard Strickland, Director of Airports, Mr. Shillinger and Tina Boan, Director of Budget & Finance, addressed the Board. The Board took no official action. SOUNDING BOARD Q1 Richard Boettger gave a Power Point Presentation in regards to the County taking over Windstorm Insurance. COUNTY ADMINISTRATOR N8 Rhonda Haag, Chief Resilience Officer, addressed the Board. Milan Mora, P.E., Chief, Water Resources Branch of the U.S. Army Corps of Engineers (USACE) gave a Power Point Presentation on the Florida Keys Coastal Stone Risk Management Project developed by USACE and approved by the United States Congress to reduce coastal storm risk vulnerability in the Florida Keys. Mr. Gastesi addressed the Board. The following individual addressed the Board: Patricia McGrath. STAFF REPORT El Ms. Haag gave a Power Point Presentation on the Canal Program and Resiliency Planning Projects. The following individual addressed the Board: Greg Corning, PE, Assistant Vice President, Civil Engineer FL Civil Design Team Lead, with WSP USA, Inc. COUNTY ADMINISTRATOR N4 Erin L. Deady, P.A. gave a Power Point Presentation on policy issues under the contract with HDR, Inc. for the Roads Vulnerability Analysis and Capital Plan for County-Maintained Roads and Related Services, policy issues related to potential Road Adaptation Projects, and requested direction on finalizing policy approach for Roads Vulnerability Analysis and Capital Plan implementation. Page 117 02/15/2023 3299 COMMISSIONER'S ITEM/STAFF REPORT Kristen Livengood, Public Information Officer, address the Board concerning the following two items (L4 & E2): L4 Approval of a Resolution to authorize the expenditure of up to $49,999.99 in Tourist Development Tax Revenues to fund the Monroe County 200th Anniversary Celebration event on July 3, 2023 at Big Pine Community Park. E2 Public Information Department Update. L4 After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Rice to adopt the following Resolution to authorize the expenditure of up to $49,999.99 in Tourist Development Tax Revenues to fund the Monroe County 200th Anniversary Celebration event on July 3, 2023 at Big Pine Community Park. Motion carried unanimously. RESOLUTION NO. 057-2023 Said Resolution is incorporated herein by reference. COMMISSIONER'S ITEM L10 Lisa Tennyson, Legislative Affairs & Grants Acquisition Director, addressed the Board regarding a Resolution in support of the Florida Fish and Wildlife Conservation Commission (FWC) and its law enforcement officers; encouraging an increase in the number of FWC officers; and supporting modernizing the requirement for photographic evidence by allowing for digital photography, as an expanded enforcement tool for illegal fishing and harvesting, for the protection of Monroe County's marine environment. After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Rice adopting the following Resolution. Motion carried unanimously. RESOLUTION NO. 058-2023 Said Resolution is incorporated herein by reference. COUNTY ATTORNEY 01 Mr. Shillinger referred the Board to the County Attorney Report for February 2023. Said report is incorporated herein by reference. Mr. Shillinger requested that in addition to the Attorney-Client Closed Session in the matter of AshBritt, Inc. v. Monroe County, FL and Florida Department of Transportation, Case No. CA-K-17-802 being held today, that it also be continued it to the March meeting. Motion was made by Commissioner Rice and seconded by Commissioner Lincoln granting approval to hold the second closed session after the March 22, 2023 BOCC regular meeting in Key Largo, Page 118 02/15/2023 3300 Florida. Roll call vote carried unanimously, with Commissioner Raschein abstaining due to a conflict. Mr. Shillinger addressed the Board regarding an appellate decision by the 4th District Court of Appeal in the matter of Testa v. Town of Jupiter Island, which invalidated the common practice of not readvertising a public hearing for adoption of an ordinance when the public hearing is continued to a future date. After discussion, motion was made by Commissioner Raschein and seconded by Commissioner Lincoln granting approval for the County Attorney to use his best judgement to determine if the County should appear as an amicus, itself, or with a combination of Keys municipalities and/or other local governments to advise the Supreme Court in this case. Motion carried unanimously. PUBLIC HEARINGS PI A Public Hearing was held to consider approval of an Ordinance updating the Five-Year Schedule of Capital Improvements Table for Fiscal Years 2023-2027, located within the Capital Improvements Element of the Monroe County Year 2030 Comprehensive Plan, pursuant to Florida Statutes Section 163.3177(3). 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. 002-2023 Said Ordinance is incorporated herein by reference. P2 A Public Hearing was held to consider approval of a Resolution for a Budget Amendment for Fiscal Year 2023 for Key West International Airport, Fund 404. There was no public input. Motion was made by Commissioner Rice and seconded by Commissioner Lincoln adopting the following Resolution. Motion carried unanimously. RESOLUTION NO. 059-2023 Said Resolution is incorporated herein by reference. P3 A Public Hearing was held to consider approval of a Resolution for a Budget Amendment for Fiscal Year 2023 for the Unincorporated Service District Parks & Recreation, Fund 147. There was no public input. Motion was made by Commissioner Raschein and seconded by Commissioner Lincoln adopting the following Resolution. Motion carried unanimously. RESOLUTION NO. 060-2023 Said Resolution is incorporated herein by reference. COUNTY ATTORNEY 09 Mr. Mercado addressed the Board regarding approval of an Interlocal Agreement(ILA) between the City of Key West and Monroe County setting forth the terms for the conveyance of the Hawk Missile Site. After discussion, motion was made by Commissioner Raschein and Page 119 02/15/2023 3301 seconded by Commissioner Lincoln approving the item, and to edit the title of the ILA to read only Hawk Missile Site Interlocal Agreement. Motion carried unanimously. CLOSED SESSIONS Kl Mr. Shillinger advised the Board that the Attorney-Client Closed Session in the matter of Monroe County v. Colter and Coher Invest Co Ltd, Case No. 2018-CA-674-P, is deleted from the agenda. K2 Mr. Shillinger announced the Attorney-Client Closed Session in the matter of AshBritt, Inc. v. Monroe County, Florida and Florida Department of Transportation, Case No. CA-K-17- 802 and read the required language into the record pursuant to Section 286.011(8), Florida Statutes. Mr. Shillinger advised that the following individuals would be present at the meeting: County Commissioners; County Administrator Roman Gastesi, County Attorney Bob Shillinger; Assistant County Attorneys Cynthia Hall and Christine Limbert-Barrows; and a certified court reporter. Commissioner Raschein recused herself from the Closed Session due to a conflict of interest. Mayor Cates declared the open session of the meeting closed. After the closed session, the meeting was re-opened. COMMISSIONER COMMENTS Commissioner Raschein acknowledged the appointment of Shannon Weiner, Emergency Management Director, to the President of Florida Emergency Preparedness Association. Commissioner Lincoln acknowledged the staff of Representative Gimenez, Senator Rubio and Senator Scott, who she and Ms. Tennyson were able to meet with while attending the National Association of Counties Legislative Conference in Washington D.C. 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 02/15/2023 3302