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09/20/2023 Agenda AGENDA 1)'% ..,.._,;.--7: Si 4, MONROE COUNTY BOARD OF COUNTY COMMISSIONERS September 20,2023 1:00 PM The Board will convene at the Murray E. Nelson Government Center 102050 Overseas Highway,Key Largo,FL 33037 The meeting is open to the public. Members of the public can also attend will be via Communications Media Technology at: Zoom webinar: https://mcbocc.zoom.us/j/82032493400 To report problems with the broadcast or Zoom webinar,please call (305) 872-8831. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding,please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m.,prior to the scheduled meeting; if you are hearing or voice impaired, call "711'. Live Closed Captioning is available via the MCTV portal @ https://cloud.castus.ty/vod/monroe/video/60832c9dcf67bb7ac0c21791?page HOME&type=live for meetings of the Monroe County Board of County Commissioners. A person may submit written comments or other physical evidence on a particular agenda item for consideration at the BOCC meeting via email to Lindsey Ballard @ ballard-lindsey@nonroecounty- fl.gov County Administrator's Office, no later than 3:00 PM. on the Monday prior to the meeting. The email must include the submitter's name, address, phone number and email address and the agenda item number the documents/comments are regarding. Any intellectual property submitted must include the appropriate authorization for use. For additional assistance,please call (305) 292- 4441 or email your inquiry to:ballard-lindsey@nonroecounty fl gov. CALL TO ORDER SALUTE TO FLAG A. ADDITIONS, CORRECTIONS AND DELETIONS LT o OpYov`'- ackGna ck B. PRESENTATION OF AWARDS B 1. 10 Years of Service recognition for Celso Hernandez VB2. Appreciation for 10 Years of Service to Monroe County for Kevin Cuomo. V B3. Recognition of Giovanni Martinez for 10 years of service with Monroe County. / B4. BOCC Recognition for Key West International Airport Award (item sponsored by V Commissioner Lincoln). B5. Declaring September as National Suicide Prevention&Action Month. jB6. Mayor's Proclamation, on behalf of the Board of County Commissioners, to proclaim the week of October 8th-14th, 2023 as Fire Prevention Week. 51 I v.i a M uvpi c n&uvl G r i c�- paqui, . iove4 � Addh 1 • C. BULK APPROVALS -MAYOR CATES C l. Approval of 4th Amendment with Humane Animal Care Coalition, Inc. (HACC) for CPI-U adjustment of 6.5% effective October 1, 2023. The CPI-U annual adjustment was approved in the contract dated July 15, 2020. The item is funded through ad-valorem taxes and has been budgeted. C2. First Amendment to the contract with Brightview Landscape Services, Inc. for Ballfield Maintenance, to extend the agreement for the first of four additional one-year periods; to 11� include a CPI-U increase of 3%; inclusion of amounts for overseeing; and amending the purchasing power of the County Administrator in the event of an emergency to match Monroe County's purchasing policy. C3. Acceptance of the Monroe County Length of Service Award Plan (LOSAP)Actuarial Valuation Report for the Plan Year 2023 and $0 transfer of funds for Plan Year 2023 into the LOSAP Trust Fund. C4. Renewal of a Class A Certificate of Public Convenience and Necessity (COPCN) to ( 1 Islamorada Village of Islands - Fire Rescue for the operation of an ALS transport ambulance service for the period October 1, 2023 through September 30, 2025. C5. Renewal of Class B Certificate of Public Convenience and Necessity(COPCN) to National Health Transport Inc., for the operation of a non-emergency medical transportation service in all geographical locations in Monroe County for the period October 19, 2023, through October 18, 2025. National Health Transport Inc., is not permitted to perform 911 emergency response work in Monroe County. C6. Approval to negotiate a contract with McFarland Johnson, Inc., for the engineering design and permitting phase of the Crane Blvd Shared Use Path (Upper Sugarloaf Key)project. If agreement cannot be reached with the highest ranked respondent, approval to negotiate with the next highest ranked respondent until an agreement is reached. The project is funded by the Federal Highway Administration (FHWA) through a Florida Department of Transportation (FDOT) Local Agency Program (LAP) agreement. C7. Approval of second renewal of non-exclusive contract for Standby Emergency Feeding Services with Nations Market LLC., for one year. C8. Approval to reject the sole proposal received to the Request for Proposals for the Key Largo Pickleball Court Installation that was opened on July 20, 2023, and re-advertise in a phased- project approach. C9. Request Approval to Advertise a public hearing to consider approval of an Ordinance modifying Monroe County Codes Section 18-27(h) to amend the boat ramp and admission fees for non-county residents on weekends, holidays, and during the annual two-day lobster mini-season. C 10.Approval of a Second Amendment to Agreement with Tower Pest Control, Inc. for Pest Control-Lower Keys, Monroe County, Florida, to apply a CPI-U increase of 3%, effective October 1, 2023. Funding is Ad Valorem, Parks and Beaches Fund 147, and TDC. The annual contract amount shall not exceed $43,340.00. C 1 1.Ratification of submission of a grant application to the U.S. Department of Justice (DOJ), Bureau of Justice Assistance (BJA) for the FY2023 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Local Solicitation in the amount of$16,588. Approval of the funding to be supportive of the Monroe County Probation Services Case Management Technology and authorization for the Director of Budget and Finance to execute acceptance of the award and related grant documents. 2 V C12.Eighth Amendment to lease agreement with Salute Watersports, LLC, to renew the term for the Fifth of Five (5) one-year periods with the term to commence October 16, 2023, and terminate on October 15, 2024, with a 6.5% CPI-U increase in the rent. The monthly payment will increase from $565.52 to $602.28 plus 7.5% of gross sales. C13.Approval to waive minor bidding irregularity and award an Agreement to Brightview Landscape Services, Inc. in the amount of$169,918.27 for the Pine Channel Nature Park % Landscaping Enhancements project. This project is funded by a TDC Grant. C14.Approval to award bid and approve a contract with American Empire Builders Inc., the lowest and only responsive bidder for the Harbour Drive Bridge (#904604) Replacement Project on Duck Key in the amount of$5,780,000.00. C15.Approval of Fourteenth Amendment to the Upper Keys Community Swimming Pool Lease Agreement to extend the lease on a month-to-month basis for a period of time, pending the advertising of an RFP and award of a contract, for Operation and Management Services of Jacobs Aquatic Center with the new term to commence on October 1, 2023. C16.Approval to Advertise a Request for Proposals (RFP) for Stock Island/Key West On-Demand Transit Service. C17.Approval of a contract with WSP, USA, Inc. for Construction Engineering and Inspection (CEI) Services associated with the Harbour Drive Bridge (#904604) Replacement Project on Duck Key in the not to exceed amount of$544,332.57. C 18.Approval to utilize the remaining balance of District 2 Impact Fees for purchase and installation of new MUSCO athletic field lighting at Big Pine Community Park Multi-use ,ej field. Impact Fees for Parks has not been collected since 2020 with the amount of Impact Fee funding available as of 10/1/2023 estimated to be $304,812.00. C19.Approval of Amendment No. 1 to Task Order with Kisinger Campo and Associates for Engineering Design and Permitting Services for Harbour Drive Bridge (#904604) Replacement Project in the amount of$147,522.00 for engineering services during construction. C20.Approval of an Interlocal Agreement(ILA) between Monroe County and the City of Key West for the scheduling and programming of Bernstein Park's athletic fields. C21.Approval of a Sixth Amendment to Agreement with Master Mechanical Services, Inc., for Middle Keys HVAC Maintenance and Service to add and/or update a contract provision to 92 allow for the option of Equipment Replacement and Installation by seeking a proposal only from the Contractor in accordance with the current Monroe County Purchasing Policy. Funding is Ad Valorem. C22.Approval of a Sixth Amendment to Agreement with Master Mechanical Services, Inc., for Upper Keys HVAC Maintenance and Service, to add and/or update a contract provision to allow for the option of Equipment Replacement and Installation by seeking a proposal only from the Contractor in accordance with the current Monroe County Purchasing Policy. Funding is Ad Valorem. C23.Approval of Fifth Amendment to Agreement with Air Mechanical & Service Corp. for Chiller Maintenance and Service in Monroe County to add and/or update a contract provision to allow for the option of Equipment Replacement and Installation by seeking a proposal only from the Contractor in accordance with the current Monroe County BOCC Purchasing Policy. Funding is Ad Valorem. 3 , , C24.Request for One-Time Waiver of Fee Requirement for Gavin Gonzalez, sponsored by Islamorada Fire Rescue, to attend Monroe County's Fire Academy Minimum Standards Class. C25.Approval to renew software services for RescueNet Billing Pro, ePCR and FireRMS software from Zoll Data Systems for one (1) year at a total cost of$71,944.20 and authorize the Fire Chief to execute all necessary documents. C26.Second Amendment to the Agreement with PlayCore Wisconsin, Inc. d/b/a GameTime. Parks and Beaches requests to add Harry Harris Park to the ADDITIONAL PARKS as defined in R the First Amendment to the Original Agreement and to amend the composite Exhibit A to add A-9, Hany Han-is Park to the agreement. The Total.Estimated Not to Exceed Amount of Thr ein'�e rt even H - 4-/-1-0903= &56. Dollars; will apply to this Phase A-2 of the Project. .f 53 s, ' 50,11 C27.Approval of a Third Amendment in the amount of$175,645.00 to the contract with Bender& Associates to provide A&E services for the HMGP Wind Retrofit project. This amendment {� adds roof-replacement design to the scope of work for the Ellis Building and the Marathon °� Government Center. Funding provided by FDEM-HMGP grant(75%) and Local Match (25%). County portion will be paid by one cent infrastructure sales surtax. C28.Approval of Second Amendment to Lease Agreement with Wharf SMI, LLC, to reflect a lease extension of the lease term for the building which houses the Public Defender's Marathon Office. This Amendment seeks approval to amend the lease extending the current term for a period of three (3) years, reducing the rental space and price, providing for an additional three (3) optional 1-year renewals, change the Notice Address, and adding other language requested by the Lessor. C29.Approval of a Third Amendment to Agreement with Siemens Industry, Inc., as a Sole Source provider for testing, certification, and maintenance of Fire Alarm, Smoke Control, and i . Building Automation Systems on Monroe County facilities adjusting the contract amount by a 5.5% increase effective on October 1, 2023. Funding is Ad Valorem. C30.Approval of a one (1) year contract extension with Professional Emergency Services, Inc. for a Medical Director with a five percent (5%) increase from $55,000 to $57,750 for air 6 ambulance medical direction and an increase from $58,000 to $60,900 for ground ambulance medical direction for a total contract amount of$118,650. C31.Ratification of Amendment#001 to Older American's Act(OAA) Contract AA-2329 between the Alliance for Aging, Inc, (AA) and the Monroe County Board of County 0 Commissioners/Monroe County Social Services to increase grant funding by $84,591.65 bringing the original contract amount of$741,663.26 to a new total of$826,254.91 for the contract period of 1/1/2023 to 12/31/2023. 0 C32.Report of monthly change orders for the months of July and August 2023, reviewed by the County Administrator/Assistant County Administrator. C33.Approval of an Agreement with Musco Sports Lighting, LLC as a sole source provider in the amount of$327,500.00 for the installation of new sports lighting to extend and add onto the existing lighting at the Big Pine Community Park. This project is funded by District II Impact Fees and the American Rescue Plan. /' ' , 4.Ratification of a Blanket Easement on the portion of the Marathon Airport property to the Florida Keys Electric Cooperative (FKEC). The easement is required for the purpose of j dakkil, installing electric service for the new Emergency Operations Center(EOC)being constructed on the Marathon Airport. 4 V C35.Approval of Fourth Amendment to Contract for Local Police Services with the Village of Islarnorada, the Monroe County Sheriffs Office and BOCC. C36.Approval to write-off a $45,000 SHIP Second Mortgage that was executed on July 29, 2005, recorded on August 8, 2005, as Document# 1533654, Book 2140, Page 831 of the public records of Monroe County, Florida, secured by the property located at Lot 45, Block 7, Sugarloaf Key, Florida, 33042, due to a foreclosure. C37.Approval to write-off a.$9,602.00 SHIP Second Mortgage that was executed on June 20, 2017, recorded on April 16, 2018, as Document#2164419, Book 2901, Page 872 of the public records of Monroe County, Florida, secured by the property located at 30418 Date Row, Big Pine Key, Florida, 33043, due to a foreclosure. C38.Approval for Monroe County Mayor to submit a letter to the Florida Department of Transportation (FDOT) confirming the County's support and concurrence with the proposed plan to divert traffic to Card Sound Road, a county-maintained road, for temporary detours during the upcoming FDOT road project FM 446005-1 on US 1 from MM 108.4 to MM 112.8 (18-mile stretch). C39.Approval of Modification#2 for the grant agreement with the Florida Division of Emergency Management for Local Emergency Management and Mitigation Initiatives 4337-515-R(State ID#309) contract H0703 for Ten County Facilities, Wind Retrofit- Phase I. This Modification is to reinstate and extend the terms of the Agreement, and the new end date will be December 31, 2023. Funding provided by FDEM-HMGP grant (75%) and Local Match (25%). County portion will be paid by one cent infrastructure sales surtax. C40.Approval of a Third Amendment to the current agreement with Architects Design Group (ADG) at a cost of$33,330.00 to add Enhanced Commissioning for the construction of the 1� Emergency Operations Center(EOC). Funding FDEM, FEMA, and FDOT. C41.Florida Department of Transportation (FDOT) grant agreement for service on Stock Island and Key West. Year 1 of a grant for$426,000 with a 50% match. The match is budgeted in the 2023-2024 budget. C42.Approval to close obsolete funds: Fund 132, Library Impact Fees; Fund 308, Infrastructure Revenue Bonds Series 2007; Fund 314, Infrastructure Revenue Bonds Series 2014, and request that the Clerk of Court transfer any residual funds to Fund 304, One Cent Infrastructure Sales Surtax. C43.Second Amendment to the 2021-2024 Contract for police services with The City of ►/ Marathon, Monroe County Sheriffs Office and Monroe County. C44.Discussion and direction about granting purchasing authority to the Board of Governors of / Monroe County Fire and Ambulance District l's designee; discussion and direction as to who V the designee should be; permission to amend Monroe County Code of Ordinances to reflect granting of purchasing authority; and permission to advertise Ordinance change. C45.Approval of Amendment 1 to the 1st Street and Bertha Street Roadway Improvement Project construction contract between Monroe County and Zahlene Enterprises, Inc., waiving the \✓2 s\ _ / requirement for outstanding subcontractor releases to be submitted by the Contractor in order ®! to allow for final payment so the County can obtain the final FDOT Small County Outreach Program grant reimbursement. D. TOURIST DEVELOPMENT COUNCIL D l. Approval of 4th Amendment to Agreement with Cooke Communications Florida, LLC d/b/a Two Oceans Digital to continue inclusion of online booking service and associated cost with • 5 said service and to update name of online booking system. D2. Approval of the FY 2024 Monroe County Tourist Development Council Marketing Plan. 0 D3. Announcement of one vacant position on the Tourist Development Council District V Advisory Committee for one "At Large" Appointment. E. STAFF REPORTS El. Airports Director Richard Strickland - Department Update. ot.J2,1-e.6\.. Code Compliance Director Cynthia McPherson - Department update. F. COUNTY LAND ACQUISITION AND LAND MANAGEMENT Fl. Approval of a contract to purchase a less than fee interest in Block 3, Lots 8 and 9, Eden Pines Colony on Big Pine Key near mile marker 29 from David Cruz and Amy Cruz for density reduction purposes for the price of$56,250. F2. Approval of a contract to purchase a less than fee interest in Block 5, Lots 21 and 22, Pine Channel Estates Section Two on Big Pine Key near mile marker 29 from Thomas M. Rodd as Trustee of the Revocable Living Trust of Thomas M. Rodd dated 04/27/2000 and Patrick J. Gannon, Jr. for density reduction purposes for the price of$99,999. F3. Approval of a contract to purchase a less than fee interest in Lots 37 and 38, Doctors Arm Subdivision Third Addition Section A, on Big Pine Key near mile marker 31 from Stephen R. Spaulding and Michele L. Spaulding for density reduction purposes for the price of$99,999. F4. Approval of a contract to purchase a less than fee interest in Lots 5 and 6, Doctors Arm Subdivision Third Edition Section B on Big Pine Key near mile marker 31 from Janet Legraff Loveland for density reduction purposes for the price of$99,999. F , A Public Hearing to Consider Approval of a Resolution bythe Monroe CountyBoard of . County Commissioners approving an Inventory of County-Owned Real Property and Monroe County Comprehensive Plan Land Authority-owned (a dependent Special District within its boundaries) Real Property that may be appropriate for affordable housing, pursuant to Section 125.379, F.S. and directing staff to post both lists (County and Land Authority) on the County website. L", m® PI, F6. Approval of Amendment and Extension of Board-approved purchase agreement of property, funded by the Community Development Block Grant-Disaster Recovery (CDBG-DR) Voluntary Home Buyout Program (VHBP) in the amount of$240,000.00. F7. Approval of Amendment and Extension of Board-approved purchase agreement of property, funded by the Community Development Block Grant-Disaster Recovery (CDBG-DR) Voluntary Home Buyout Program (VHBP) in the amount of$380,000.00. F8. Approval of a Resolution granting approval of a purchase agreement of property funded by the Community Development Block Grant-Disaster Recovery (CDBG-DR) Voluntary Home Buyout Program (VHBO) in the amount of$1,115,000.00, execution of a restrictive covenant running with the land, and moving one (1) Market Rate - Rate of Growth Ordinance (ROGO) Exemption from the acquired property to the Administrative Relief pool for market rate allocation(s). ADJOURNMENT 6 --+51 FS— G. LAND AUTHORITY GOVERNING BOARD tit y G 1. Roll Call G2. BULK APPROVALS - COMMISSIONER LINCOLN: I will read the agenda number of those Monroe County Land Authority items proposed to be passed in bulk. If a commissioner, staff member, or any member of the public wishes that item to be withheld, please indicate at the time the Land Authority item is called and it will be held aside. I move the following items be approved in bulk. G3. Approval of the minutes for the July 18, 2023 Budget meeting and July 19, 2023 Regular meeting. G4. Monroe County Land Authority Executive Director Monthly Report for September, 2023 (through August 31, 2023). G5. Review of MCLA expenses for the time period of 7/1/23 through 8/31/23. G6. Approval of a contract to purchase Tier 1 property for conservation -Sugarloaf Key Acreage (Parcel ID#00118300-000000) on Sugarloaf Key near mile marker 20 from Maria Christina Lopez, as Trustee of the Maria Christina Ruiz Living Trust of May 17, 2017 for the price of $55,000. G7. Approval of a contract to purchase Tier 3A property for conservation -Block 19, Lot 7, Twin Lakes on Key Largo near mile marker 103 from William Cotter and Bridget Cotter for the price of$62,500. G8. Approval of a contract to purchase Tier 3 property for conservation -Block 3, Lots 11 and 12, Ramrod Shores Marina Section on Ramrod Key near mile marker 27 from Vera Tison for the price of$170,000. G9. Approval of a contract to purchase Tier 3 property for conservation -Block 1A, Lots 5, 6, and 7, Amended Plat of Bay Harbor on Key Largo near mile marker 95 from Michael E. Theiss for the price of$260,000. G10.Approval of a resolution approving an option agreement to sell pre-acquired Florida Forever land described by metes and bounds on Cudjoe Key, also known as Parcel GGG, Cudjoe Acres, to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for the price of$67,200; authorizing the Chairman to execute same; and authorizing the Chairman to execute the deed and associated closing documents. Gil.Approval of a resolution approving an option agreement to sell pre-acquired Florida Forever land described as Lot 32, Block 4 of the unrecorded plat of North Sugarloaf Acres Section One on Sugarloaf Key to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for the price of$67,200; authorizing the Chairman to execute same; and authorizing the Chairman to execute the deed and associated closing documents. G12.Approval of a resolution approving an option agreement to sell pre-acquired Florida Forever land described as Lot 16, Block 8, Thompsons Subdivision Section "A" on Key Largo to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for the price of$19,000; authorizing the Chairman to execute same; and authorizing the Chairman to execute the deed and associated closing documents. G 13.Approval of a resolution approving an option agreement to sell pre-acquired Florida Forever land described as Lot 12, Block 16, Eden Pines Colony on Big Pine Key to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for the price of $50,000; authorizing the Chairman to execute same; and authorizing the Chairman to execute 7 • the deed and associated closing documents. G14.Approval of a resolution approving an option agreement to sell pre-acquired Florida Forever land described as Lots 1, 2, and 3, Block E, Piney Point on Big Pine Key to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for the price of $119,000; authorizing the Chairman to execute same; and authorizing the Chairman to execute the deed and associated closing documents. 15.Discussion and direction of F.S. 380.0666 Powers of land authority. (3)(a)provide affordable housing to families whose income does not exceed 160 percent of the median family income for the area. 16.Discussion and Direction on partnership with Islamorada and Marathon for purchases in vp excess of appraised value or non-Florida Forever purchases whereby the local governments would share in the cost of the purchase. ADJOURNMENT H. FIRE AND AMBULANCE DISTRICT 1 BOARD OF GOVERNORS iA:Li H1. Approval to renew software services for RescueNet Billing Pro, ePCR and FireRMS software from Zoll Data Systems for one (1)year at a total cost of$71,944.20 and authorize the Fire Chief to execute all necessary documents. ,, H2. Approval of a one (1)year contract extension with Professional Emergency Services, Inc. for a Medical Director with a five percent(5%) increase from $55,000 to $57,750 for air ambulance medical direction and an increase from$58,000 to $60,900 for ground ambulance medical direction for a total contract amount of$118,650. H3. Discussion and direction about granting purchasing authority to the Board of Governors of Monroe County Fire and Ambulance District 1, or its designee; and discussion and direction as to who the designee should be. Approval of resolution delegating signing authority to County Administrator for renewal of the following contracts set to expire on or before September 30, 2023: Kronos/Telestaff, Bound Tree, Motorola, ESO Software. ADJOURNMENT . I. AIRPORTS I1. Approval to award bid and contract to Gardens of Eden of the Florida Keys, Inc., for ,(3 landscaping services at Key West International Airport(KWIA). The contract is funded by Airport Operating Fund 404. 12. Approval of Time Extension#1 to the State of Florida Department of Transportation Public cb Transportation Grant Agreement (PTGA) G1237 as executed by the Executive Director of Airports, modifying the grant expiration date from December 31, 2023 to June 30, 2024 in order to complete the relocation of the ASOS equipment project at the Florida Keys Marathon International Airport. I3. Ratification and approval of Amendment 3 to State of Florida Department of Transportation Public Transportation Grant Agreement(PTGA)Number G 1 Q05 as executed by the Director 0 of Airports providing an additional $75,000.00 in funding for Planning Studies at the Florida Keys Marathon International Airport; requires a 20% match from Marathon Airport Operating Fund 403. I4. Ratification and approval of Amendment 1 to the CRRSA Grant No. 3-12-0037-065-2021 Cbct€94,0-g6.66 8 4ft9 from the United States of America acting through the Federal Aviation Administration (FAA), increasing grant funding by $718.00 (from $3,536,873.00 to $3,537,591.00) for the Key West International Airport. The purpose of this grant is for the Airport to prevent, prepare for and respond to coronavirus. There is no match required for this grant. I5. Approval of Second Amendment to Contract with the Monroe County Sheriffs Office for Law Enforcement and Security Services at Key West International Airport to set the annual compensation for Fiscal Year 2023-2024.The contract is paid by Airport Operating Fund 404. I6. Report of Airport change orders reviewed by the County Administrator/Assistant County Administrator. I7. Approval to enforce a claim of lien and proceed to auction the derelict Antonov An-24 aircraft abandoned at Key West International Airport. I8. Approval of Second Amendment to Lease Agreement with Tesla, Inc. f/k/a Tesla Motors, Inc. adding an adjacent undeveloped parcel of land at the Florida Keys Marathon International Airport for Tesla to install a new electrical equipment platform, extending the lease agreement to December 31, 2034, and increasing annual rent payments from $8,257.80 to $28,800.00, in exchange for Tesla increasing the number of electric vehicle charging stations from four(4)to twelve (12) and making improvements to the leasehold areas. p I9. Approval of a resolution and sponsorship agreement with Race World Offshore, LLC for the Key West International Airport to sponsor the Key West Offshore World Championship powerboat races from November 5-12, 2023, in accordance with Resolution 123-2021. J. PLANNING AND ENVIRONMENTAL RESOURCES,BUILDING AND CODE COMPLIANCE DEPARTMENTS J1. A Resolution amending Resolution No. 228-2022 the permitting fee schedule; increasing fees based on the consumer price index for all urban consumers (CPI-U) for FY23; adding fees for- subsequent permit application extensions and temporary certificates of occupancy/completion; and providing for an implementation date. c?) J2. Approval of a Resolution to establish a cost of prosecution schedule for Code Compliance. J3. Approval of a Resolution Reserving One Moderate-Income Affordable Housing ROGO Allocation, pursuant to Monroe County Code Section 138-24(b)(6), for J Jade Development Inc for one Affordable-Employee Housing unit at 3100 Overseas Hwy, Part of Lots(s) 1 and 2, Block 3, Bay Point Amended Plat, Saddlebunch Key, Property Identification No. 00160140-000000 unincorporated Monroe County, until March 20, 2024. K. CLOSED SESSIONS 1 is 00 ?in K1. An Attorney-Client Closed Session in the matter of Sunset Garden Estate Land Trust `"�_ 2/10/2014, by and through its successor Trustee, Simtrust Group LLC, and Sunset Gardens Farm, LLC v. Monroe County, Florida, Case No. 19-CA-460-P. L. COMMISSIONER'S ITEMS L1. MAYOR CATES: Discussion and direction regarding entering into a Maintenance V Memorandum of Agreement(MMOA)with Florida Department of Transportation (FDOT) to maintain landscaping on US 1 along a 4.5-mile section from MM 108.4 to MM 112.9 that includes the approximately 1-mile section at MM 109 known as "Bikini Beach". l:'30 PM V L2. MAYOR CATES: Resolution expressing opposition to consolidation of the 16th and 11 th 9 Judicial Circuits. 6U Q fi)I L3. MAYOR PRO TEM RASCHEIN: Presentation by Keys Marine Laboratory L4. MAYOR PRO TEM RASCHEIN: Approval to reappoint Peg Laron to the Tourist Development Council Board for a four-year term through September 2027. M. COUNTY CLERK M l. Approval of the minutes from the April 6, 2023 special workshop meeting and April 19, 2023 regular meeting. e2 M2. Approval of Tourist Development Council expenses for July through August 2023. 0 M3. Approval of BOCC Warrants (Including Payroll) for the month of July 2023. 1:J M4. Approval of BOCC Warrants (Including Payroll) for the month of August 2023. M5. Approval to remove surplus equipment from inventory via disposal or advertise for bid. N. COUNTY ADMINISTRATOR Ni. County Administrator's Monthly Report for September 2023. N2. Approval of a resolution adopting a revised BOCC Table of Organization, as reflected in Exhibit A to the resolution, placing the Parks and Beaches Department under the supervision of the Assistant County Administrator. N3. Ratification of an easement signed by the County Administrator for KEYS Energy to provide power to the PPP (public private partnership) Sheriffs Housing Project on Trumbo Road in Key West. N4. Approval of an annual agreement with Capitol Group, Inc. (Robert Reyes) for continuing lobbying services on behalf of Monroe County in the legislative and executive branches of State government effective October 1, 2023. N5. Approval of an annual agreement with Capitol City Consulting (Nick Iarossi/Andrew Ketchel) for continuing lobbying services on behalf of Monroe County, including specifically in the executive branch of State government to advance the County's pursuit of recurring funding for the implementation of the Florida Keys Stewardship Act, resiliency funding and other issues as called upon, effective September 1, 2023. N6. Approval of an annual agreement with Gray Robinson, P.A. (Ryan Matthews and Dean Cannon) for continuing lobbying services on behalf of Monroe County in the legislative and executive branches of State government effective October 1, 2023. N7. Approval of a grant agreement with the Florida Fish and Wildlife Conservation Commission ("FWC") in the amount of$10 million to establish an artificial reef program to plan, construct, monitor, and maintain artificial reef habitat(s) in Monroe County. Authorization for the Mayor to execute the agreement once the final version is received from FWC and reviewed as to form by the County Attorney. N8. Approval of an employment agreement and confirmation of Sue Burke as Executive (2) Assistant to James K. Scholl; and authorization for the County Administrator or his designee to sign the employment agreement. N9. SUSTAINABILITY: Approval of a Resolution that approves Monroe County hosting the 10 16th Annual Climate Summit in Key West on December 16-18, 2024 and authorizing the organizational procedures; and providing for an effective date. N10.SUSTAINABILITY: Approval to advertise a Request for Proposals to seek conference planning services in support of the 16th Annual Climate Summit to be hosted by Monroe County in December 2024. N11.SUSTAINABILITY: Authorize entering into a$900,000 grant 22FRP131, with $0 match, for the Long Key living shoreline resilience work with the Florida Department of Environmental Protection. N 12.SUSTAINABILITY: Approval to enter into a not to exceed$17,616.96 Task Order#5 to develop and submit a grant application for the Federal Highway Administration (FHWA) program for Promoting Resilient Operations for Transformative Efficient, and Cost-Saving Transportation (PROTECT) Discretionary Program, with WSP USA Environment& Infrastructure Solutions, Inc. (formerly Wood)under the Category C on-call Resilience and Environmental Engineering Services contract; retroactive to July 23, 2023. N13.SUSTAINABILITY: Approval to enter into a$59,226 Task Order#6 to the contract with WSP USA Environment& Infrastructure, Inc. for the on-call Category B Canal Infrastructure YL, Engineering Services, for CEI services to oversee the installation of a demonstration injection IJ well on canal#58 in Key Largo and canal #278 in Big Pine Key and to perform pre and post monitoring to evaluate the effectiveness of both, funded by DEP Grant LPA0428. N 14.SUSTAINABILITY: Approval to enter into a no cost Amendment No. 5B under the contract with HDR, Inc. for the Roads Vulnerability Analysis and Capital Plan for County-maintained roads to extend the period of performance for the preparation of the Florida Division of Emergency Management(FDEM) Hazard Mitigation Grant Program (HMGP) application package for six adaptation projects identified under the Roadway Vulnerability Study, retroactive to October 1, 2022. N15.SUSTAINABILITY: Approve entering into a $3,327,266.00 grant 22FRP132, with $0 0, match, for the Duck Key living shoreline resilience work with the Florida Department of Environmental Protection; and authorize the County Administrator to execute the grant. O. COUNTY ATTORNEY I O1. CAY Report for September 2023. ✓ 02. Charter County discussion update. PWOt.i c V' 03. Authorization to initiate litigation against WOLFGANG NOACK and his property, 17140 Old State Road 4A, Sugarloaf Key, Florida, to seek compliance with the County Code and enforce the lien(s) arising from code compliance case number CE21070022. 04. Authorization to initiate litigation against STEVEN LEVINE and his property, 506 Sound Dr., Key Largo, Florida, to seek compliance with the County Code and enforce the lien(s) arising from code compliance case number CE20070051. 05. Approval to enter into Second Amendment to contract with Interisk Corporation to provide consultant services for the County's Worker's Compensation and Risk Management Program. 06. Approval of proposal from Florida League of Cities to renew the 2023-2024 liability P2. insurance and excess workers' compensation insurance program for an annual premium of $477,438 and authorization for the Risk Manager to sign all necessary documents. e 07. Approval to renew National Union Fire Insurance company through VFIS agency with 11 annual premium of$160,353.65 ($154,603 for Emergency Vehicle Physical Damage, $5,705 for Portable Equipment and $45.65 for all taxes, surcharges and fees) and authorization for the Risk Manager to sign all necessary forms. J- 08. Presentation of settlement offer in the matter of Monroe County, Florida v. Elizabeth �/ Delgado, Case No. 22-CA-203-P. 09. Approval of 2nd Amendment to Agreement with Baker Donelson Bearman, Caldwell & Cerkowitz, PC for representation and consultation on matters relating to Federal Emergency Management Agency (FEMA) and other Federal agencies. 010.Approval of the Second Amendment to the Interlocal Agreement between the Monroe County Board of County Commissioners and the Monroe County Office of Sheriff(MCSO) for Consolidation and Management of Emergency Communications, for the purpose of extending the term of the Agreement through February 21, 2032; also, providing for the disbursement of annual recurring revenues to MCSO by the Office of Clerk and Comptroller on a monthly basis within 30 days of receipt thereof and providing for the distribution of grant funds awarded by the State of Florida pursuant to Subsection 365.172(6), Florida Statutes directly to MCSO by the Office of Clerk and Comptroller at the earliest possible opportunity after receipt with notification thereof to the County Administrator and County Attorney. 011.Approval of a Resolution adopting the 2023 Version of the Risk Management Policy and Procedures Contract Administration Manual; also, authorizing the Risk Manager to make changes to the Builder's Risk requirement including waivers as needed, in order to accomplish the primary interest of minimizing risk to the County while keeping the cost of construction activities as minimal as possible. 012.Discussion and direction about whether the Board would support the use of a legislative / change allowing Tourist Development Taxes to fund affordable housing projects and, if so, V whether the Board desires to defer accepting applications for use of surplus funds for other qualifying infrastructure projects until after the 2024 Legislative session. 013.Approval of an increased rate with the Division of Administrative Hearings (DOAH) from $180 per hour to $200 per hour for administrative law judge services, effective October 1, 2023, as provided by the contract and pursuant to F.S. 120.65. 014.Approval of the 1st amendment to the legal services agreement between Monroe County and Kaplan, Kirsch and Rockwell. 015.Approval of a Settlement Agreement by and between Monroe County, Florida, and 17RM fb Investments. LLC. P. PUBLIC HEARINGS P 1. A Public Hearing to consider approval of an Ordinance amending Section 8-37 of the / Monroe County Code of Ordinances regarding a statute of limitations defense against code compliance prosecutions. PLUVIA c Vr JWc P2. A Public Hearing to Review a Request byWesley House Family Services, Inc., for a Resolution Waiving the Nonresidential Inclusionary Workforce Housing Requirement Applicable to Redevelopment, With a 4,171 SF Expansion, of an Institutional Use on Property Located at 5 Homestead Avenue, Approximate Mile Marker 99, Key Largo, Monroe County, Florida, Currently Having Property Identification Number 00453410-000000. The Total Required In-Lieu Fee for the Project Per LDC Section 139-1(f) is $75,661.94. LP pWQL& X)eciitY P3. A Public Hearing to Consider Approval of a Resolution Transmitting to the State Land 12 • Planning Agency an Ordinance by the Monroe County Board of County Commissioners Amending the Glossary of the 2030 Monroe County Comprehensive Plan to Amend the Definition of Accessory Use or Accessory Structure to allow limited additional uses and structures on vacant lots. PwID U c .eojL P4. An Ordinance By The Monroe County Board Of County Commissioners Adopting Amendments To Monroe County Land Development Code Chapter 122 Floodplain Management, Section 122-25(b)(1)(b) To Allow For 299 Square Feet Or Less Of Opaque Breakaway Construction For Enclosed Space Below Elevated Structures In VE And Coastal A Flood Zones; Providing For Severability; Providing For Applicability; 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. Po •��- Q • 5 � Q. SOUNDING BOA' Q 1. Request by Mr. Richard Ward to speak to the Board of County Commissioners regarding the 3 1.41 flooding on Michael Drive in Key Largo. P m Q2. Identical Sounding Board requests by Mrs. Sandy Milhiser and Mr. David Hughes to speak to the Board of County Commissioners regarding the Twin Lakes/Sands Neighborhood Sustainability Projects. � U c 5-Karkfs R. COMMISSIONER'S COMMENTS Prack cks tA„,(eiN, f\A94A0 pka-cro-z 5 % a1 �,; _ o�c Call c.�l , Coxno`Q,3 �z, 3 3. -6(1o,)61(, l tx ItcW 1 LA , &And ICJ S (� eA (Cam) 3 ,) ip, ,,,,,,7_,..,-, _ 0 , 7 ,,,, , _ _ -c-,7\v Air ,,--, ,01 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS September 20, 2023 Conducted via Communications Media Technology ("CMT") TIME APPROXIMATES 1:00 P.M. BOARD OF COUNTY COMMISSIONERS REGULAR MEETING 1:30 P.M. (L2) MAYOR CATES: Resolution expressing opposition to consolidation of ei The 16th and 11 th Judicial Circuits. 3:00 P.M (L3) MAYOR PRO TEM RASCHEIN: Presentation by Keys Marine JLaboratory. 3:30 P.M. (Q1) SOUNDING BOARD: Request by Mr. Richard Ward to speak to the IBoard of County Commissioners regarding the flooding on Michael Drive in Key Largo. 3:45 P.M. (Q2) SOUNDING BOARD: Identical Sounding Board requests by Mrs. Sandy Milhiser and Mr. David Hughes to speak to the Board of County ICommissioners regarding the Twin Lakes/Sands Neighborhood Sustainability Projects. 4:00 P.M. (K1) CLOSED SESSION: An Attorney-Client Closed Session in the matter of Sunset Garden Estate Land Trust 2/10/2014, by and through its successor Trustee, Simtrust Group, LLC and Sunset Gardens Farm, LLC v. Monroe County,Florida, Case No. 19-CA-460-P. J 4:30 P.M. (G1-16) LAND AUTHORITY 4:45 P.M. (H1-3) BOARD OF GOVERNORS (9/12/2023 1mb) i/