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06/21/2023 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, June 21, 2023 Key Largo, Florida& Via Communication Media Technology A regular meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. at the Murray Nelson Government Center in Key Largo and via Communication Media Technology. Present and answering to roll call were Commissioner Michelle Lincoln, Mayor Pro Tem Holly Raschein, and Commissioner Jim Scholl. Commissioner David Rice and Mayor Craig Cates were absent from the meeting. 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. Jorge Abreu, Florida Department of Agriculture & Consumer Services Regional Director, addressed the Board. ADDITIONS, CORRECTIONS & DELETIONS Bob Shillinger, County Attorney addressed the Board. Motion was made by Commissioner Scholl and seconded by Commissioner Lincoln to postpone the following Public Hearings to the September regular meeting: P7 An Ordinance amending the Monroe County Land Development Code to establish Section 130-143, creating the Tavernier Key Commercial Overlay District, including the purpose and intent, boundary, applicability, and NROGO allocation standards, as proposed by Smith/Hawks, P.L. on behalf of Cemex Construction Materials Florida, LLC. P8 An Ordinance amending the Monroe County Land Use District(Zoning) Map to apply the Tavernier Key Commercial Overlay District to property located at 92501 Overseas Highway, Key Largo, at approximately mile marker 92.5, having Parcel Identification Numbers 00089490- 000000 and 00490250-000000; as proposed by Cemex Construction Materials Florida, LLC f/k/a Singletary Concrete Products, Inc. Motion carried unanimously. Al Motion was made by Commissioner Lincoln and seconded by Commissioner Scholl granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried unanimously. Page 11 06/21/2023 A2 Motion was made by Commissioner Lincoln and seconded by Commissioner Scholl adopting the following Resolution reclaiming the title of creating the world's largest Key Lime Pie, on July 3rd, 2023, at the Bicentennial Celebration at the Big Pine Key Community Park. Motion carried unanimously. RESOLUTION NO. 190-2023 Said Resolution is incorporated herein by reference. PRESENTATION OF AWARDS B1 Presentation of Years of Service Award in recognition of 25 years of service to Tiffany Stankiewicsz, Development Administrator with the Planning and Environmental Resources Department. B2 Presentation by Ruth Coleman, Special Olympics of South Florida Sports Training & Competition Manager, to thank the Parks and Beaches Department for their continued support. B3 Presentation of support for July to be designated as Parks and Recreation month. BULK APPROVALS Motion was made by Mayor Pro Tem Raschein and seconded by Commissioner Lincoln granting approval of the following items by unanimous consent: C1 Board adopted the following Resolution authorizing Glennis Walters to act as an authorized agent of Animal Control to enforce Chapter 4, Monroe County Code, and Chapter 828, Florida Statutes, to issue citations for violation of the Monroe County Code, and/or attend Court. RESOLUTION NO. 191-2023 Said Resolution is incorporated herein by reference. C2 Board adopted the following Resolution of a Florida Department of Transportation Small County Outreach Program Grant Agreement, in the amount of$2,787,598.00, which is 75% of the construction estimate, to partially fund construction of the Key Largo III Roadway and Drainage Improvement Project. RESOLUTION NO. 192-2023 Said Resolution is incorporated herein by reference. C3 Board granted approval of a Request for Expenditure from the Law Enforcement Trust Fund, as follows: $500.00 for Marathon High School Operation Graduation 2023 to help cover expenses for the all-night event which provides a safe, drug and alcohol free celebration to recognize the achievements of our graduating seniors. Page 12 06/21/2023 C4 Board granted approval and authorized execution of a 10th Amendment to the Amended and Restated Agreement with Florida Keys Society for Prevention of Cruelty to Animals, Inc. for operation of the Key West Animal Shelter,providing for a 6.5% CPI adjustment of$54,204.81, retroactive to May 1, 2023. The annual contract amount, in the amount of$888,124.93, is funded by Ad Valorem revenues. C5 Board granted approval and authorized execution of Additional Terms and Conditions for Rural and State Grant Agreement No. S22-23-01-40, a State of Florida e911 Board Grant for 911 Call Handling System Replacement for the Monroe County Sheriff's Office, which was approved at the October 19, 2022 regular meeting. C6 Board granted approval of a waiver of the Monroe County Purchasing Policy to allow Maverick United Elevator, LLC, (Maverick) to perform under its current Agreement to complete deferred maintenance elevator upgrades for two elevators at the Monroe County Detention Center facility, on Stock Island; and granted approval of payment, in the amount of$307,770.00, submitted by Maverick. American Rescue Plan Act funding will be utilized for these upgrades. C7 Board adopted the following Resolution amending the Personnel Policies and Procedures Manual, revising and updating section 2.16 (B), Years of Service Program, section 4.10 Temporary Higher Classification, and Section 5.02 (A)(4) Calculation of Overtime. RESOLUTION NO. 193-2023 Said Resolution is incorporated herein by reference. C8 Board granted approval and authorized execution of a 7th Amendment to the Contract with Florida Keys Society for Prevention of Cruelty to Animals, Inc. for operation of the Marathon Animal Shelter, providing for a 6.5% CPI adjustment of$31,938.18, effective July 1, 2023. The annual contract amount, in the amount of$523,294.86, is funded by Ad Valorem revenues. C9 Board granted approval to award bid and authorized execution of a Contract with Horsepower Electric Inc., the lowest responsive bidder, in the amount of$97,069.00, for the Card Sound Bridge Navigational Lighting Replacement Project. C10 Board granted approval and authorized execution of a County-Owned Property Residential Lease Agreement, with a County employee as Lessee, for a unit in a County-owned duplex to commence July 1, 2023, and extend through June 30, 2024. The monthly rental amount is $2,468.51. C11 Board granted approval and authorized execution of a Contract with Samsara, Inc., in the amount of$241,251.00, and with a term of 40 months, for GPS Services for all County vehicles and equipment, funded by the Fleet Maintenance budget. Annual payments of$81,675.00, $79,788.00, and $79,788.00 are due in October 2023, October 2024, and October 2025, respectively. Page 13 06/21/2023 C12 Board granted approval and authorized execution of an Agreement with Matern Professional Engineering, Inc. in the amount of$661,400.00 for Engineering Design Services of Generators for Critical Facilities. This project is funded by the Hazard Mitigation Grant Program and Fund 304 Infrastructure Sales Tax. C13 Board granted approval to negotiate an Agreement with CPH, LLC, the highest ranked respondent to the Request for Qualifications, for Professional Architectural and Engineering Services for the Rockland Key Public Works Master Plan. If negotiations cannot be reached with the highest ranked respondent, granted approval to negotiate with the next highest ranked respondent until successful negotiations are completed. C14 Board granted approval and authorized execution of a 2nd Modification to the Florida Division of Emergency Management Mitigation Sub-Grant Agreement No. PDMC-PJ-04-FL- 2018-014, extending the period of performance to April 1, 2024, to allow for completion of the proj ect. C15 Board granted approval and authorized execution of an Agreement with Statewide Guardian Ad Litem Office for reimbursement of Child Advocate Manager Services to provide funding for a Child Advocate Manager position, commencing July 1, 2023 and extending through June 30, 2024, State Fiscal Year 2023-2024. C16 Board granted approval and authorized execution of a 5th Amendment to the Agreement with Master Mechanical Services, Inc., for Middle Keys HVAC Maintenance and Service, to update certain contract provisions, and specifically to include American Rescue Plan Act provisions. Funding is Ad Valorem. C17 Board granted approval and authorized execution of a 5th Amendment to the Agreement with Master Mechanical Services, Inc., for Upper Keys HVAC Maintenance and Service, to update certain contract provisions and specifically to include American Rescue Plan Act provisions. Funding is Ad Valorem. C18 Board granted approval and authorized execution of a Contract between Monroe County and the Community Transportation Coordinator, Guidance Care Center Inc., for the contract period of July 1, 2023 through June 3, 2024. This is a non-monetary partnership/collaboration contract required by the State of Florida Commission for the Transportation Disadvantaged. C19 Board accepted the Report of monthly Change Orders for the month of May 2023, reviewed by the County Administrator/Assistant County Administrator. Said report is incorporated herein by reference. C20 Board granted approval and authorized execution of a 1 st Amendment to Agreement No. CAC2018-0189 with Sarasota County, in the amount of$30,714.89, for continued use of GovMax Budgeting Software. Page 14 06/21/2023 C21 Board granted approval and authorized execution of a 1st Addendum to the Employment Agreement with Dixie "Sandy" Roussin for Fire Rescue EMS Billing Specialist position with an increase in salary from $48,000.00 to $52,000.00, to commence on July 12, 2023 and terminate on July 11, 2025. C22 Board granted approval of a Memorandum of Understanding with Monroe County Sheriff's Office to transfer title to security assets purchased with Fiscal Year 2020 Urban Area Security Initiative Grant funds; and authorized the Emergency Management Director or designee to execute all necessary documents to effect the transfer. C23 Board granted approval and authorized execution of Additional Terms and Conditions for Rural and State Grant Agreement No. S22-23-01-41, with the Florida Department of Management Services. This agreement is a post-approval Grant Agreement required by the Florida e911 Board. C24 Board granted approval and authorized execution of a 4th Change Order to the Agreement with Gary's Plumbing and Fire, Inc., in the amount of$16,712.65, for the Pigeon Key Fire Suppression System Installation Project, to extend the project's completion date an additional 288 days. This project is funded by a Tourist Development Council Grant. C25 Board granted approval to purchase Network Infrastructure for Monroe County Emergency Operations Center, in the amount of$267,708.90. This purchase utilizes competitively bid pricing under State of Florida Contract NASPO No. 4322000-19-ACS and General Services Administration Contract No. GS-35F-303DA. C26 Board granted approval and authorized execution of an Agreement with the State of Florida, Division of Emergency Management, concerning an Emergency Management Preparedness and Assistance Base Grant, in the amount of$105,806.00, which requires no county match. C27 Board granted approval and authorized execution of a 6th Change Order to the Contract with D. L. Porter Constructors, Inc. for the Public Defender 16th Judicial Circuit Key West Offices Project, increasing the contract amount, in the amount of$254,710.25, and extending the substantial completion date by 30 days. C28 Board granted approval and authorized execution of an Agreement extending the Data Center Lease with Quality Technology Services for five years, in the amount of$125,693.30 per year. This Agreement provides continued uninterrupted data center space for Monroe County and several County constitutional offices. C29 Board adopted the following Resolutions concerning the Transfer of Funds and the Receipt of Unanticipated Revenue: Page 15 06/21/2023 Receipt of Unanticipated Funds (OMB Schedule Item No. 1). RESOLUTION NO. 194-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 2). RESOLUTION NO. 195-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 3). RESOLUTION NO. 196-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 4). RESOLUTION NO. 197-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO. 198-2023 Said Resolution is incorporated herein by reference. Amending Resolution No. 164-2023 (OMB Schedule Item No. 6). RESOLUTION NO. 199-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 200-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 201-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 9). RESOLUTION NO. 202-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 203-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO. 204-2023 Said Resolution is incorporated herein by reference. Page 6 06/21/2023 Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 205-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 206-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 207-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 208-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 209-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 210-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 211-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 212-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 213-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 214-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO. 215-2023 Said Resolution is incorporated herein by reference. Page 7 06/21/2023 Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO. 216-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 24). RESOLUTION NO. 217-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 25). RESOLUTION NO. 218-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 26). RESOLUTION NO. 219-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 27). RESOLUTION NO. 220-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 28). RESOLUTION NO. 221-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 29). RESOLUTION NO. 222-2023 Said Resolution is incorporated herein by reference. C30 Board granted approval and authorized execution of an Intergovernmental Support Agreement between the following entities: Commander, Navy Region Southeast; Naval Air Station Key West; United States Fleet Forces Command; Naval Surface Warfare Center Corona Division; United States Coast Guard; Monroe County Sheriffs Office; and Monroe County for the use of Stock Island and Truman Annex Radio Sites. C31 Board granted approval to ratify a Land Use Restriction Agreement, Development Agreement, and Mortgage Subordination Agreement for a forgivable loan, in an amount, not to exceed, $440,000.00, to the Monroe County Housing Authority from the State Housing Initiatives Partnership Program for the purpose of guaranteeing a 15-year affordability period for the Big Pine Key and Conch Key Monroe County Housing Authority- Scattered Sites, otherwise known as Conch Key and Howard's Haven. C32 Board granted approval to ratify an Assignment and Assumption Agreement with Sunshine Gasoline Distributors, Inc., which has acquired Dion Fuels, LLC, to provide Fuel Services to Monroe County. Page 18 06/21/2023 TOURIST DEVELOPMENT COUNCIL D1 Board granted approval and authorized execution of a 1st Amendment to the Agreement with Key West Art and Historical Society, Inc. for the Custom House Archive Repair and Improvements Project, to revise Exhibit A outlining Scope of Services for the project. D2 Board granted approval and authorized execution of a 2nd Amendment to the Agreement with Florida Keys Wild Bird Center, Inc. for the Pelican Pond Reconstruction Phase II Project, to revise Exhibit A outlining Scope of Services for the project. D3 Board granted approval and authorized execution of a 2nd Amendment to the Agreement with Islamorada, Village of Islands for the Library Beach Inclusive Playground Project, to revise Exhibit A outlining Scope of Services for the project. D4 Board granted approval and authorized execution of a 1 st Amendment to the Agreement with Mel Fisher Maritime Heritage Society, Inc. for the Mel Fisher Exhibit, HVAC and Waterproofing Project, to extend the completion date of the project to September 30, 2024. D5 Board granted approval and authorized execution of a 4th Amendment to the Agreement with the Mel Fisher Maritime Heritage Society, Inc. for the Mel Fisher 2nd Round Repairs and Improvements Project, to extend the completion date of the project to September 30, 2024. D6 Board granted approval and authorized execution of a 1 st Amendment to the Agreement with Key West Woman's Club, Inc. for the Repair and Renovation of Hellings House Museum Phase II Project, to revise Exhibit A outlining Scope of Services for the project. D7 Board granted approval and authorized execution of a 1 st Amendment to the Agreement with Key West Wildlife Center, Inc. for the Key West Wildlife Center Clinic/Welcome Center Project, to extend the completion date of the project to December 31, 2024. D8 Board granted approval and authorized execution of a 3rd Amendment to the Agreement with Cooke Communications Florida, LLC d/b/a Two Oceans Digital, to extend the Agreement to September 30, 2025 and adjust the cost of bandwidth services to $35,000.00 per year. COUNTY LAND ACQUISITION AND LAND MANAGEMENT F1 Board granted approval and authorized execution of a Contract with Sa-Ngeeum Barkman and the Estate of William Franklin Barkman, to purchase Lot 21, Block 32-A, Big Pine Cove on Big Pine Key near mile marker 31, Tier 3 property, for density reduction purposes, in the amount of$90,000.00. The site may be used for staging for canal restoration if the County decides to move forward with that type of project. It may also be sold without development rights through the resale program. F2 Board granted approval to rescind a Partial Release of Lease Number 4549 from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, for the release Page 19 06/21/2023 of management of certain state-owned conservation lands, which was approved by the Board at the June 15, 2022 regular meeting. AIRPORTS II Board granted approval to ratify Federal Aviation Administration (FAA), Airport Infrastructure Grant, Grant Agreement No. 3-12-0037-075-2023, as executed by the Director of Airports, providing $7,702,813.00 in funding for Key West International Airport, Expand Terminal Building—Construction Phase 1, (approximately 5,850 SF). All project costs will be funded with FAA Grant No. 37-75 (90%), Florida Department of Transportation Grant No. G2090 and/or Airport Bond Proceeds. I2 Board granted approval to ratify Federal Aviation Administration (FAA), Airport Terminal Program Grant Agreement No. 3-12-0037-076-2023, as executed by the Director of Airports, providing funding, in the amount of$13,300,000.00, for Key West International Airport, Expand Terminal Building—Construction Phase 2 (approximately 10,000 SF). All project costs will be funded with FAA Grant No. 37-76 (95%), Florida Department of Transportation Grant No. G2090 and/or Airport Bond Proceeds. I3 Board granted approval to ratify Federal Aviation Administration (FAA) Airport Improvement Program, Grant Agreement No. 3-12-0044-041-2023, as executed by the Director of Airports, providing funding, in the amount of$742,092.00, for Florida Keys Marathon International Airport, Shift Runway 7/25 —Design Phase. All project costs will be funded with FAA Grant No. 44-41 (90%), Florida Department of Transportation Grant No. GI V30 (8%) and Airport Operating Fund 403 (2%). I4 Board granted approval and authorized execution of a 1 st Amendment to the Common Use Airport Service Facility Lease Agreement with Enterprise Leasing Company of Florida, LLC (Enterprise) at Key West International Airport to revise the start date from April 1, 2023 to May 3, 2023, to reflect the actual move-in date by Enterprise into the facility. The contract end date remains December 31, 2027. I5 Board granted approval and authorized execution of a 2nd Amendment to the On-Airport Rental Car Concession Agreement with Enterprise Leasing Company of Florida, LLC, to reflect the relocation of Lessee's ticket counter/office space from Room No. 101 to Room No. 103 due to Room No. 101 being impacted by the Concourse A and Terminal Improvements Project at Key West International Airport. I6 Board accepted the Report of Airport Change Orders reviewed by the County Administrator/Assistant County Administrator. Said report is incorporated herein by reference. I7 Board granted approval of Task Order No. TIP 2023-OIA with McFarland-Johnson, Inc., in the amount of$1,186,900.00, for Construction Administration and Resident Project Representative Services during Key West International Airport Concourse A and Terminal Improvements Program construction, included in GMP 3 and GMP 4. The Task Order will be Page 110 06/21/2023 funded with Florida Department of Transportation Grant No. G2090, Federal Aviation Administration Grants, Bipartisan Infrastructure Law Grants, and/or the 2022 Airport Bond Proceeds. I8 Board granted approval to ratify a 1 st Amendment to the State of Florida Department of Transportation, Public Transportation Grant Agreement No. G2E62, as executed by the Director of Airports, providing additional funding, in the amount of$951,000.00, for Planning, Design, Permitting and Construction of Airfield Improvement Projects at Key West International Airport. This grant requires a 50% match from Airport Operating Fund 404. I9 Board granted approval to ratify a 3rd Amendment to the State of Florida Department of Transportation, Public Transportation Grant Agreement No. G2090, as executed by the Director of Airports, providing additional funding, in the amount of$450,000.00, for the Concourse A Terminal Expansion Program at Key West International Airport. This grant requires a 50% match from the 2022 Airport Bond Proceeds. I10 Board granted approval to ratify Federal Aviation Administration (FAA), Airport Improvement Program, Grant Agreement No. 3-12-0037-077-2023, as executed by the Director of Airports, providing funding, in the amount of$1,392,701.00, for Key West International Airport Noise Insulation Program Phase 1 (Final Design Sound Insulation of 17 Single Family Homes and Eligibility Noise Testing and Preliminary Design of 43 Single Family Homes). All project costs will be funded with FAA Grant No. 37-77 (90%) and Airport Operating Fund 404 (10%). III Board granted approval to ratify Federal Aviation Administration, Airport Improvement Program, Grant Agreement No. 3-12-0044-042-2023, as executed by the Director of Airports, providing funding, in the amount of$160,079.00, for Florida Keys Marathon International Airport Update Master Layout Plan (ALP Update with Narrative). All project costs will be funded with FAA Grant 44-42 (90%), FDOT Grant GIQ05 (8%) and Airport Operating Fund 403 (2%). I12 Board granted approval of Republic Parking System's Year Five Budget, in the amount of$390,568.00, for Parking Lot Management Services at Key West International Airport, funded from Airport Operating Fund 404. I13 Board granted approval and authorized execution of a Lease Agreement with local contractor, Last Chance Gifts, LLC, for a term of five years, for operation of two existing gift shop leaseholds (one in the main terminal and one in the passenger hold room), and for new retail space in Key West International Airport Terminal Concourse A, upon completion of the proj ect. I14 Board granted approval to ratify a 3rd Amendment to State of Florida Department of Transportation, Public Transportation Grant Agreement No. GI V31, as executed by the Director Page 111 06/21/2023 of Airports, providing additional funding, in the amount of$500,000.00, for Key West International Airport Essential Airport Equipment. This grant requires a 50% match from Airport Operating Fund 404. I15 Board granted approval of Guaranteed Maximum Price 4th Amendment with NV2A Gulf Keystar, A Joint Venture, LLC, in the amount of$8,625,890.43 for Key West International Airport Concourse A and Terminal Improvements Program, to be funded by Florida Department of Transportation Grant No. G2090, Federal Aviation Administration Grants, Bipartisan Infrastructure Law Grants, and/or the 2022 Airport Bond Proceeds. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS Jl Board granted approval of the selection of four contractors for the Installation and Maintenance of Aids to Navigation and Regulatory Markers in the Florida Keys Waters within Monroe County, and granted approval to negotiate contracts with American Underwater Contractor's Inc., ASAP, Inc., Coffin Marine Services, Inc., and Live Flyer, Inc. J3 Board granted approval and authorized execution of a Contract with Geosyntec Consultants, Inc. d/b/a Applied Technology and Management, in the amount of$398,000.00, to perform Consulting Services for Mooring Field Design and Permitting Services in Monroe County. The contract is to be funded entirely by State of Florida Legislative Allocation Fiscal Year 2024 and/or through County Boating Improvement Funds until legislative allocation becomes available. J5 Board adopted the following Resolution for the extension of a reservation of 20 Affordable Housing ROGO Allocations in the Moderate Income Category,pursuant to Monroe County Code Section 138-24(B)(2), for the development of 20 Affordable/Employee Housing Dwelling Units on property located in Section 21, Township 67 South, Range 26 East, Big Coppitt Key, approximate mile marker 9.5 gulf-side, currently having Property Identification Numbers 00120940-000000 and 00120940-000301 until July 21, 2024. RESOLUTION NO. 223-2023 Said Resolution is incorporated herein by reference. J6 Board adopted the following Resolution reserving 10 Low-Income Affordable Housing ROGO Allocations, pursuant to Monroe County Code Section 138-24(b)(1), for Habitat for Humanity of the Upper Keys, Inc.'s proposed construction of 10 Affordable-Employee Housing Single Family Dwelling Units on sites to be determined within unincorporated Monroe County, until June 21, 2027. RESOLUTION NO. 224-2023 Said Resolution is incorporated herein by reference. Page 112 06/21/2023 MONROE COUNTY HEALTH DEPARTMENT Ll Board adopted a Resolution approving the Florida Department of Health for Monroe County Environmental Health Fee Schedule. RESOLUTION NO. 225-2023 Said Resolution is incorporated herein by reference. COUNTY CLERK M1 Board granted approval of the minutes from the February 15, 2023 regular meeting. Said minutes are incorporated herein by reference. M2 Board granted approval of Tourist Development Council expenses for the month of May 2023, as follows: Vendor Amount Advertising $3,416,722.43 Bricks & Mortar Projects $356,421.52 Events $323,879.67 Office Supplies & Operating Costs $30,870.16 Personnel Services $388,262.10 Public Relations $159,346.97 Sales & Marketing $134,082.52 Telephone & Utilities $22,179.34 Travel $11,174.86 Visitor Information Services $83,704.33 M3 Board granted approval of BOCC Warrants 10119211-10120539 (AP); 29366-29454 (WC); all payroll direct deposited to employee's bank accounts for the month of May 2023, as follows: Fund Fund Title Amount 001 General Fund $4,804,247.52 101 Fine & Forfeiture $5,605,682.27 102 Road/Bridges $578,909.10 115 Tourist Development Council-Two $671,338.02 Penn 116 TDC - Admin Promo 2 Cent $382,619.02 117 TDC - District 1 Third Cent $439,667.49 118 TDC - District 2 Third Cent $35,992.13 119 TDC - District 3 Third Cent $36,727.70 120 TDC - District 4 Third Cent $26,645.72 121 TDC - District 5 Third Cent $50,640.49 Page 113 06/21/2023 Fund Fund Title Amount 125 Grant Fund 1,522,220.13 $1,522,220.13 141 Fire/Ambulance 1,319,132.51 $1,319,132.51 147 Unincorporated Service $315,516.88 148 Planning Building $929,692.50 149 Municipal Policing $725,779.49 150 E911 Enhancement Fund $40,713.30 152 Duck Key Security $9,228.91 153 Local Housing Assistance $105,681.40 157 Boating Improvement Fund $102,981.87 158 Miscellaneous Special Revenue Fund $103,025.65 160 Environmental Restoration $45,864.24 163 Court Facilities $12,327.97 164 Drug Facilities Fees $2,885.52 177 Canal 4266 MSBU $393.25 180 Building Funds $527,398.29 304 1 Cent Infrastructure $1,099,522.04 312 Cudjoe Regional WW Project $12,563.41 314 Series 2014 Revenue Bonds $380,732.35 316 Land Acquisition $14,675.00 401 Card Sound Bride $35,942.24 403 Marathon Airport $1,728,620.05 404 Key West Int'I Airport $2,743,510.81 405 Key West International Airport Series $25,569.60 2022 Revenue Bonds 406 PFC & Operating Restrictions $2,083.20 414 MSD Solid Waste $1,856,011.71 501 Workers' Compensation $128,601.92 502 Group Insurance Fund $1,731,029.06 503 Risk Management Fund $1,264,599.94 504 Fleet Management Fund $372,291.61 610 Fire/EMS LOSAP Trust Fund $5,610.00 COUNTY ADMINISTRATOR N1 Board accepted the County Administrator's monthly Report for June 2023. Said report is incorporated herein by reference. N5 Board granted approval of the Monroe County 2023-2024 Federal Legislative Agenda. N6 Board granted approval and authorized execution of an Agreement with Thorn Run Partners (Greg Burns), in the amount of$80,000.00, for Federal Lobbying Services on behalf of Monroe County. Page 114 06/21/2023 N7 Board granted approval and authorized execution of a 3rd Amendment to the Contract with Tetra Tech, Inc., a no cost one-year renewal for On-Call Professional Engineering Services for Category B Canal Infrastructure Engineering Services, retroactive to April 12, 2022 and extending to April 11, 2023. N8 Board granted approval to issue a Request for Proposals to solicit for Consulting Services to create a Vulnerability Assessment for the City of Marathon, funded by Florida Department of Environmental Protection Grant No. 22PLN65. N9 Board granted approval and authorized execution of a 6th Amendment to the Contract with HDR, Inc., in the amount of$48,394.76, for the Sea Level Rise Vulnerability Analysis and Planning for County-Maintained Roads Infrastructure Adaptation, to finalize the policy recommendations and prepare Comprehensive Plan changes; and to extend the contract for two years to June 25, 2025. N11 Board granted approval and authorized execution of a Florida Department of Environmental Protection, Resilient Florida Grant Program, Planning Grant Agreement No. 23PLN97, in the amount of$137,875.00, to complete a Comprehensive Vulnerability Assessment for Key Colony Beach and Layton, pursuant to Section 380.093, Florida Statutes, with no match requirement. N12 Board granted approval and authorized execution of a 1 st Amendment to the Contract with Erin L. Deady, P.A., in the amount of$137,875.00, for Consulting Services to conduct Vulnerability Assessment Modeling and Watershed Management Plan Development for Layton and Key Colony Beach as funded by Florida Department of Environmental Protection Grant No. 23PLN97. N13 Board granted approval and authorized execution of a 2nd Amendment to the Contract with WSP USA Environment& Infrastructure, Inc. for Mobile LiDAR Data Elevation in the Municipalities, to extend the contract date from June 15, 2023 to January 31, 2024. N14 Board granted approval and authorized execution of No. 5A Amendment to the Contract with HDR, Engineering, Inc., for Sea Level Rise Vulnerability Analysis and Planning for County-Maintained Roads Infrastructure Adaptation, in the amount of$25,940.74, for the preparation of the Florida Division of Emergency Management, Hurricane Michael Grant Program Application Package, for six adaptation projects identified under the Roadway Vulnerability Study, retroactive to May 1, 2023. COUNTY ATTORNEY 02 Board granted approval to initiate litigation against NHC-FL 13 LP c/o B and D Equity Property Tax Group and their property, 38801 Overseas Highway, Ohio Key, Florida, to seek compliance with the County Code and enforce the lien(s) arising from Code Compliance Case No. CE20020020. Page 115 06/21/2023 04 Board granted approval and authorized execution of a 1 st Amendment to and Partial Termination of the Interlocal Agreement between Monroe County and the School Board of Miami-Dade County, removing one location for the School Board communication equipment, reducing the monthly rental amount to $1,200.00, and replacing the reference to a location on Islamorada with a location on Plantation Key. 05 Board granted approval and authorized execution of a Bill of Sale for the transfer of the Sigsbee communication tower from Monroe County to the State of Florida, Department of Management Services. Motion carried unanimously. The Board of County Commissioners meeting adjourned for the Board of Governors, Fire & Ambulance District 1, meeting. 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 Pro Tem Holly Raschein, Councilman Greg Lewis and Mayor Bruce Halle. Mayor Cates and Commissioner Rice were absent from the meeting. H1 Motion was made by Mayor Pro Tem Raschein and seconded by Councilman Lewis granting approval and authorizing execution of the 1 st Addendum to Employment Agreement with Dixie "Sandy" Roussin for Fire Rescue EMS Billing Specialist position with an increase in salary from $48,000.00 to $52,000.00 to commence on July 12, 2023 and terminate on July 11, 2025. Motion carried unanimously. The Board of Governors, Fire & Ambulance District 1, adjourned. The Board of County Commissioners meeting reconvened with the Commissioners present. STAFF REPORT El Richard Strickland, Director of Airports, gave a Power Point Presentation update on the Engineered Material Arresting System at Key West International Airport. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS J2 Michael Roberts, Assistant Director of Environmental Resources, gave a Power Point Presentation on the 17th Annual Big Pine/No Name Key Mitigation Report, which provides an update on the implementation of the Incidental Take Permit and associated Habitat Conservation Plan for the Florida Key Deer and other protected species located on Big Pine Key and No Name Key with cumulative H Impact at 0.6203 and H Mitigation purchased at 99.9%; and provided the Annual Monitoring Report's submission to the U.S. Fish & Wildlife Service. Page 116 06/21/2023 STAFF REPORT E2 John Allen, Director of Parks and Beaches, and Dr. Tana Carson, of Florida Keys Kids, gave a Power Point Presentation on the Keys Kids Swim Program 2023 Pilot Results. SUSTAINABILITY N10 Rhonda Haag, Chief Resilience Officer, and Erin L. Deady, P.A., gave Power Point Presentation on the proposed Capital Projects Applications to be submitted to the Florida Department of Environmental Protection under the Resilient Florida Program for 2023. The following individuals addressed the Board: John Millhiser; Sandy Millhiser; Kim Weatherly; and Shane Marshall. Judy Clarke, Director of Engineering/Roads & Bridges, addressed the Board. The Board took no official action. COUNTY ADMINISTRATOR N4 Lisa Tennyson, Legislative Affairs & Grants Acquisition Director, gave an update on the 2023 State Legislative Session Priorities and Outcomes. Senator Ana Maria Rodriguez and Representative Jim Mooney addressed the Board. N2 Kevin Wilson, Assistant County Administrator, addressed the Board regarding a proposal to share the purchase of the South Cliff Estates development with the Monroe County School Board. The Board took no official action. N3 Board discussed the rescheduling of the July 19, 2023 County Commission meeting to August. The Board took no action. The Board took no official action. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS J4 Reynaldo Ortiz, Assistant Building Official, gave a Power Point Presentation on updates to the Building Safety Inspection Program. Mr. Shillinger addressed the Board. COUNTY ATTORNEY 01 Mr. Shillinger referred the Board to the County Attorney Report for June 2023. Said report is incorporated herein by reference. Mr. Shillinger requested to hold an Attorney-Client Closed Session in the matter of Monroe County v. Miguel Angel Reyes and Dulce Milagro Morlas, 16th Judicial Circuit Case No. 22-CA-285-P, and read the required language into the record. Motion was made by Commissioner Lincoln and seconded by Commissioner Scholl granting approval to hold the closed session at the July 19, 2023 regular meeting in Marathon, at 9:00 a.m. or as soon thereafter as may be heard. Motion carried unanimously. Page 117 06/21/2023 Mr. Shillinger requested to hold an Attorney-Client Closed Session in the matter of Monroe County v. William Soileau, Case No. 22-CA-399-K, and read the required language into the record. Motion was made by Commissioner Lincoln and seconded by Commissioner Scholl granting approval to hold the closed session at the July 19, 2023 regular meeting in Marathon, at 9:00 a.m. or as soon thereafter as may be heard. Motion carried unanimously. 03 Mr. Shillinger gave a Charter County update. The following individual addressed the Board: John Millhiser. PUBLIC HEARINGS P1 A Public Hearing was held to consider approval of a Final Assessment Resolution for Monroe County 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 Improvement Project(Air Curtain) serving Canal 105 in Tavernier; stating a need for such levy; and providing for an effective date. Ms. Haag addressed the Board. There was no public input. After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Scholl adopting the following Resolution. Motion carried unanimously. RESOLUTION NO. 226-2023 Said Resolution is incorporated herein by reference. P2 A Public Hearing was held to consider approval of a Final Assessment Resolution for Monroe County to collect Special Assessments within the Monroe County Canals Municipal Services Benefit Unit to pay for ongoing Operation and Maintenance costs for an existing Canal Water Quality Restoration Project(Air Curtain) on Canals 82, 83 and 84 in Rock Harbor on Key Largo; stating a need for such levy; and providing for an effective date. Ms. Haag addressed the Board. The following individual addressed the Board: Patricia Saltzman. After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Scholl adopting the following Resolution. Motion carried unanimously. RESOLUTION NO. 227-2023 Said Resolution is incorporated herein by reference. P3 A Public Hearing was held to consider approval 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. Mr. Shillinger addressed the Board. The following individual addressed the Board: John Millhiser. After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Scholl adopting the following Ordinance. Motion carried unanimously. Page 118 06/21/2023 ORDINANCE NO. 011-2023 Said Ordinance is incorporated herein by reference. P4 A Public Hearing was held to consider approval of an Annual Rate Resolution for Canal 266 on Big Pine Key as part of the Canal Restoration Program, imposing an Annual Assessment for the cost of Canal 266 Operations and Maintenance for Fiscal Year 2024. There was no public input. Motion was made by Commissioner Lincoln and seconded by Commissioner Scholl adopting the following Resolution. Motion carried unanimously. RESOLUTION NO. 228-2023 Said Resolution is incorporated herein by reference. P5 A Public Hearing was held to consider approval of an Ordinance amending Section 6-240 of the Monroe County Code in order to extend to July 1, 2024 the expiration date of certain Specialty Contractor Licenses that were active as of June 30, 2021. Mr. Shillinger addressed the Board. There was no public input. After discussion, motion was made by Commissioner Scholl and seconded by Commissioner Lincoln to approve the proper option and adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 012-2023 Said Ordinance is incorporated herein by reference. P6 A Public Hearing was held to consider approval of a Resolution waiving the Inclusionary Workforce Housing Requirement for the change of use of a 600 square-feet of floor area from Restaurant/Commercial Retail Use to Office Use, located at 24437 Overseas Highway, mile marker 24.5, Summerland Key, Monroe County, Florida, currently having Property Identification No. 00194390-000000. Emily Schemper, Sr. Director of Planning and Environmental Resources, gave a Power Point Presentation. The following individual addressed the Board: Sandra Tuttle, owner of the property. After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Scholl to waive the fee and adopt the following Resolution, citing Land Development Code, Section 139-1(f)(4)b, that: 3. The applicant demonstrates an absence of any reasonable relationship between the impact of the proposed nonresidential development and requirements of this subsection (f). Motion carried unanimously. RESOLUTION NO. 229-2023 Said Resolution is incorporated herein by reference. P9 A Public Hearing was held to consider approval of a Resolution transmitting to the Department of Economic Opportunity a proposed Ordinance amending the Introduction and Background, and Glossary of the 2030 Monroe County Comprehensive Plan to clarify the continuing application of the Monroe County 2030 Comprehensive Plan to development, to clarify the General and Defined Terms sections, and to clarify construction of conflicts with the Page 119 06/21/2023 Monroe County Code(s). There was no public input. Motion was made by Commissioner Scholl and seconded by Commissioner Lincoln adopting the following Resolution. Motion carried unanimously. RESOLUTION NO. 230-2023 Said Resolution is incorporated herein by reference. P10 A Public Hearing was held to consider approval of a Resolution transmitting to the State Land Planning Agency an Ordinance adopting amendments to the Monroe County Year 2030 Comprehensive Plan to create Goal 112, Objectives 112.1 and 112.2, and Policies 112.1.1 and 112.2.1, establishing Site-Specific Development Standards and Deviations as well as Exemptions from Adopted Land Use and Development Standards for Ocean Reef as proposed by Ocean Reef Club, Inc. and Ocean Reef Community Association. There was no public input. Motion was made by Commissioner Lincoln and seconded by Commissioner Scholl adopting the following Resolution. Motion carried unanimously. RESOLUTION NO. 231-2023 Said Resolution is incorporated herein by reference. Pl 1 A Public Hearing was held to consider approval of a Resolution for Budget Amendment for Fiscal Year 2023 for the General Fund, Fund 001. There was no public input. Motion was made by Commissioner Lincoln and seconded by Commissioner Scholl adopting the following Resolution. Motion carried unanimously. RESOLUTION NO. 232-2023 Said Resolution is incorporated herein by reference. P12 A Public Hearing was held to consider approval of an Ordinance amending Section 18-8 of Chapter 18, Parks and Recreation, of the Monroe County Code of Ordinances, to expand the age requirement for the Summer Camp Program. There was no public input. Motion was made by Commissioner Lincoln and seconded by Commissioner Scholl adopting the following Ordinance. Motion carried unanimously. ORDINANCE NO. 013-2023 Said Ordinance is incorporated herein by reference. P13 A Public Hearing was held to consider approval of an Ordinance revising Section 19-4 of the Monroe County Code to increase the toll rates for Card Sound Road Toll. The Sunpass 2-axle rate will increase from $0.87 to $1.00 per axle and the 3-axle or greater rate will increase from $1.14 to $1.28 per axle. The Toll-by-Plate 2-axle rate will increase from $1.31 to $1.50 per axle and the 3-axle or greater rate will increase from $1.71 to $1.92 per axle. There was no public input. Motion was made by Commissioner Lincoln and seconded by Commissioner Scholl adopting the following Ordinance. Motion carried unanimously. Page 120 06/21/2023 ORDINANCE NO. 014-2023 Said Ordinance is incorporated herein by reference. P14 A Public Hearing was held to consider approval of an Ordinance adopting Amendments to Monroe County Land Development Code Section 134-2 amending the Home Occupation Special Use Permit requirements to be consistent with Chapter 2021- 202, Laws of Florida, Sections 102-54-56, to clarify the continuing Purpose, Registration, and Requirements of Nonconforming Uses/Structures, Sections 101-1-2, to clarify continuing Definitions, Rules of Construction, Purpose, and Applicability, Section 102-185, to clarify Appeals, Section 114-1, to clarify the continuing Application of Development Standards to Development, Section 118-4, to clarify the continuing Application of Environmental Protection Regulations to Development, Section 130-1, to clarify the continuing Application of Land Use District Requirements to Development; providing for severability; providing for repeal of conflicting provisions; providing for transmittal to the State Land Planning Agency and the Secretary of State;providing for amendment to and incorporation in the Monroe County Land Development Code; providing for an effective date. There was no public input. Motion was made by Commissioner Lincoln and seconded by Commissioner Scholl adopting the following Ordinance. Motion carried unanimously. ORDINANCE NO. 015-2023 Said Ordinance is incorporated herein by reference. P15 A Public Hearing was held to consider approval of an Ordinance abolishing the Library Advisory Board created under Ordinance 6-1981 and codified under Section 15-67 through 15- 72; providing for severability; providing for the repeal of all ordinances inconsistent herewith; and providing an effective date. There was no public input. Motion was made by Commissioner Lincoln and seconded by Commissioner Scholl adopting the following Ordinance. Motion carried unanimously. ORDINANCE NO. 016-2023 Said Ordinance is incorporated herein by reference. P16 A Public Hearing was held to consider approval of an Ordinance to amend Section 19- 1(b) of the County Code to insert an exception to the prohibition against the abandonment of platted public roads that terminate in water in the limited circumstance where ownership would ultimately reside in a Homeowners Association that would assume access control and maintenance obligations. Mr. Shillinger addressed the Board. The following individuals addressed the Board: Nancy Diersing; NJ Marinaro; Matthew Matteliano; Allison Mahaffy; Barbara Overton; Sue Heim; and Ty Harris, P.A., representing Bay Harbor Homeowners Association and Sunset Point Homeowners Association. After discussion, motion was made by Commissioner Scholl and seconded by Commissioner Lincoln to table the item to the next meeting in Key Largo. Motion carried unanimously. Page 121 06/21/2023 CLOSED SESSION K1 Mr. Shillinger addressed the Board regarding an Attorney-Client Closed Session in the matter of Galleon Bay v. Monroe County, et al., Case No. 02-CA-595-K, Motion was made by Commissioner Lincoln and seconded by Commissioner Scholl continuing the Closed Session to the July regular meeting. Motion carried unanimously. COMMISSIONER'S COMMENTS Commissioner Lincoln acknowledged the upcoming Florida Association of Counties Annual Conference in Orlando, which will be attended by County staff and Commissioners. Commissioner Scholl acknowledged Memorial Day, Juneteenth and Bicentennial Celebrations that have been held countywide. Mayor Pro Tem Raschein requested an update on the County's float for the Bicentennial Celebration. Kristen Livengood, Public Information Officer, and Mr. Shillinger addressed the Board. Mayor Pro Tem Raschein requested an update on the discussion with FEMA regarding the Compliance Inspection Program. Mr. Shillinger addressed the Board. Mayor Pro Tem Raschein addressed the Board with a request to consider renaming Old Settler's Park in Tavernier after late Mayor Emeritus Sylvia Murphy. 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 122 06/21/2023