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Item M1 MI BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting December 13, 2023 Agenda Item Number: M1 2023-1855 BULK ITEM: Yes DEPARTMENT: Clerk TIME APPROXIMATE: STAFF CONTACT: Liz Yongue 305-292-3550 No AGENDA ITEM WORDING: Approval of the minutes from the July 18, 2023, special budget meeting and July 19, 2023, regular meeting. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: 08. July 18 Budget.pdf 09. July 19.pdf FINANCIAL IMPACT: None 2649 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Special Budget Meeting Board of County Commissioners Tuesday, July 18, 2023 Marathon, Florida& Via Communication Media Technology A special budget meeting of the Monroe County Board of County Commissioners convened at 10:00 a.m. at the Marathon Government Center and via Communication Media Technology. Present and answering to roll call were Commissioner Michelle Lincoln, Commissioner David Rice, Commissioner Jim Scholl, and Mayor Pro Tem Holly Raschein. Mayor Craig Cates was absent from the meeting. Also present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Liz Yongue, Deputy Clerk; county staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS & DELETIONS Al Motion was made by Commissioner Scholl and seconded by Commissioner Lincoln granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried unanimously. FISCAL YEAR 2024 BUDGET PRESENTATION B1 Roman Gastesi, County Administrator, addressed the Board. Tina Boan, Senior Director of Budget&Finance, gave a Power Point Presentation of the Fiscal Year 2024 Budget. Kevin Wilson, Assistant County Administrator, and Bob Shillinger, County Attorney, addressed the Board. C4 Mr. Shillinger addressed the Board concerning the Fiscal Year 2024 Tourist Development budget. E1 Ms. Boan announced the millage rate and percent above/below the rolled-back rate that will be certified by the Property Appraiser. Ms. Boan announced the Fiscal Year 2024 Public Budget Hearings, as follows: September 6, 2023 September 20, 2023 Harvey Government Center Murray Nelson Government Center 1200 Truman Avenue, 2nd Floor 102050 Overseas Highway Key West FL 33040 Key Largo FL 33037 Page 11 07/18/2023 2650 BUDGET AND FINANCE F1 Motion was made by Commissioner Scholl and seconded by Commissioner Rice, granting approval to transmit the County Administrator's Fiscal Year 2024 Recommended Budget to the Property Appraiser. Said Budget is attached herein by reference. E1 Motion was made by Commissioner Scholl and seconded by Commissioner Lincoln to transmit the millage rates to the Property Appraiser. Roll call vote carried unanimously. Said document is attached hereto. F2 Motion was made by Commissioner Scholl and seconded by Commissioner Lincoln adopting the following Resolutions concerning the Transfer of Funds and the Receipt of Unanticipated Revenue: Receipt of Unanticipated Funds (OMB Schedule Item No. 1). RESOLUTION NO. 233-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 2). RESOLUTION NO. 234-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 3). RESOLUTION NO. 235-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 4). RESOLUTION NO. 236-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 5). RESOLUTION NO. 237-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 238-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 239-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 240-2023 Said Resolution is incorporated herein by reference. Page 2 07/18/2023 2651 Transfer of Funds (OMB Schedule Item No. 9). RESOLUTION NO. 241-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 10). RESOLUTION NO. 242-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO. 243-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 244-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 245-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 246-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 247-2023 Said Resolution is incorporated herein by reference. SOLID WASTE GI A Public Hearing was held consider approval of a Resolution adopting the final Residential Solid Waste Collection, Disposal, and Recycling non ad valorem special assessment rates for Fiscal Year 2023/2024. The final rate will increase by $11.15 per year(2.5%) to $457.15 per household/unit. Cheryl Sullivan, Director of Solid Waste, addressed the Board. The following individual addressed the Board: Mark Martins. After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Scholl adopting the following Resolution. Motion carried unanimously. RESOLUTION NO. 248-2023 Said Resolution is incorporated herein by reference. G2 A Public Hearing was held to consider approval of a Resolution establishing the final per month Solid Waste Collection Service Rates for commercial property in the various Solid Waste Page 13 07/18/2023 2652 Collection Franchisee Areas, for Fiscal Year 2024. Ms. Sullivan addressed the Board. There was no public comment. Motion was made by Commissioner Scholl and seconded by Commissioner Lincoln adopting the following Resolution. Motion carried unanimously. RESOLUTION NO. 249-2023 Said Resolution is incorporated herein by reference. 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 14 07/18/2023 2653 This is the reading of the rolled-back rate, the proposed millage rate, & the percent above/below the rolled-back rate that will be certified to the Property Appraiser. These are the rates that Citizens will receive on their TRIM notices. ANNOUNCEMENTS: Taxing Authority: Monroe County Board of County Commissioners Rolled-back millage rate is 2.2529 Proposed millage rate is 2.7191 Proposed millage rate is 20.69%above the rolled-black rate Taxing Authority: General Purpose Municipal Service Taxing Unit Rolled-back millage rate is 0.1442 Proposed millage rate is 0.1765 Proposed millage rate is 22.4% above the rolled-back rate Taxing Authority: Local Road Patrol Law Enforcement District Rolled-back millage rate is 0.2839 Proposed millage rate is 0.3118 Proposed millage rate is 9.83% above the rolled-back rate Taxing Authority: Lower&Middle Keys Fire and Ambulance Rolled-back millage rate is 1.6302 Proposed millage rate is 1.6932 Proposed millage rate is 3.86% above the rolled-back rate Taxing Authority: Middle Keys Health Care MSTU Rolled-back millage rate is 0.4464 Proposed millage rate is 0.5000 Proposed millage rate is 12.01% above the rolled-back rate Aggregate Rolled-back millage rate is 2.8966 Proposed millage rate is 3.4049 Proposed millage rate is 17.55% above the rolled-back rate 2654 FY 2024 Public Hearing Announcement The First public hearing will be held on September 6t", 2023 at The Harvey Government Center located at 1200 Truman Ave Key West, FL 33040 at 5:05pm The purpose of this hearing is to Present and Adopt the Tentative Budget and Millage Rate The Final public hearing will be held on September 20th, 2023 at the Murray Nelson Government Center located at 102050 Overseas Highway Key Largo, FL 33037 at 5:05pm The purpose of this hearing is to Present and Adopt the Final Budget and Millage Rate 2655 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, July 19, 2023 Marathon, Florida& Via Communication Media Technology A regular meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. at the Marathon Government Center and via Communication Media Technology. Present and answering to roll call were Commissioner Michelle Lincoln, Commissioner David Rice, Commissioner Jim Scholl, and Mayor Pro Tem Holly Raschein. Mayor Craig Cates was absent from the meeting. Also present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Liz Yongue, Deputy Clerk; county staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS & DELETIONS Al Motion was made by Commissioner Scholl and seconded by Commissioner Lincoln granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS B1 Presentation of Years of Service Award in recognition of 15 years of service to Tina LoSacco, Senior Engineering Technician, Wastewater. B2 Presentation to Executive Aides, Jen Garcia, and Corie Abel, in recognition of their successful completion and graduation from the Florida Association of Counties, County Government Education Program. TAX COLLECTOR C1 Motion was made by Commissioner Rice and seconded by Commissioner Lincoln granting approval to extend the 2023 Tax Roll and allow the Tax Collector to mail bills prior to completion of the Value Adjustment Board Hearings. Motion carried unanimously. BULK APPROVALS Motion was made by Commissioner Rice and seconded by Commissioner Lincoln granting approval of the following items by unanimous consent: Page 11 07/19/2023 2656 DI Board granted approval and authorized execution of a Change Order with Pedro Falcon Contractors, Inc., for the Rockland Key Temporary Fleet Garage Buildout Project. This no-cost time extension is for an additional 409 days to be added to the contract as a result of supply chain issues. While the project was substantially complete in April 2022, an exhaust fan control panel was on backorder for over a year and the project could not be fully complete and closed out until that part was received and installed. D2 Board granted approval and authorized the execution of a Class A and Class B Certificate of Public Convenience and Necessity to Elite Medical Transport Inc. for the operation of an Advanced Life Support and Basic Life Support Transport Service, as well as a Non-Emergency Transport Service, for the period July 22, 2023 through July 21, 2025, for responding to requests for inter-facility transports. Elite Medical Transport Inc. is not permitted to perform 911 emergency response work in Monroe County. D3 Board granted approval and authorized the execution of a Class A Certificate of Public Convenience and Necessity to National Health Transport, Inc., for the operation of an Advanced Life Support Inter-Facility Transport Ambulance Service for the period August 17, 2023 through August 16, 2025. National Health Transport, Inc. is not permitted to perform 911 emergency response work in Monroe County. D4 Board granted approval to award bid and authorized execution of a Lease Agreement with 1000 Atlantic Blvd. LLC for the food/beverage concession services at Higgs Beach in Key West. D5 Board adopted the following Resolution approving a Florida Department of Transportation (FDOT), Local Agency Program Grant Agreement for the Crane Boulevard Shared Use Path(Upper Sugarloaf Key)Project for engineering design and permitting, in the amount of$489,621.00. The project is federally funded by FDOT through the Federal Highway Administration. RESOLUTION NO. 250-2023 Said Resolution is incorporated herein by reference. D6 Board granted approval to reject bids received on April 6, 2023 for the January 25, 2023 solicitation for construction bids for the Sands Subdivision Sea Level Rise Pilot Project. D7 Board granted approval to terminate negotiations with HDR Construction Control Corporation, the highest ranked respondent for Construction Engineering and Inspection Services for the Sands Subdivision Sea Level Rise Pilot Project. D8 Board granted approval and authorized execution of a Urban Area Security Initiative Fiscal Year 2022 Memorandum of Agreement(MOA) with the City of Miami, concerning a United States Department of Homeland Security, Office of Grants and Training Grant, through the State of Florida Division of Emergency Management Sub-Grant Agreement No. R0588, in Page 12 07/19/2023 2657 the amount of$264,836.00, with no county match required; and authorized the County Administrator or designee to execute any additional documentation related to this MOA. D9 Board granted approval of the Monroe County Designated Receiving System Plan for 2023-2026 as presented by South Florida Behavioral Health Network, d/b/a Thriving Mind South Florida, the designated Managing Entity for Monroe County and Miami/Dade County, for a centralized receiving system for Monroe County as required by Senate Bill 12, Chapter 2016-241. D10 Board granted approval of a Memorandum of Agreement with the NOAA/National Weather Service Office, Key West, regarding the transmission of certain public emergency messages via the Emergency Alert System; and authorized the Director of Emergency Management to execute this agreement and related documentation. D11 Board granted approval and authorized execution of a 4th Amendment to the Agreement with Advance Water Technology, Corp. to renew the Chemical Water Testing and Treatment Services Contract for the fourth renewal of one year and apply a CPI-U increase of 6.5%. The new monthly payment amount is $1,534.48. Funding is Ad Valorem. D12 Board granted approval and authorized execution of a Small County Outreach Program Grant Supplemental Agreement with Florida Department of Transportation for the inclusion of Construction Engineering and Inspection Services in the state funding for resurfacing of Card Sound Road from the East end of Card Sound Bridge to the intersection of County Road 905. D13 Board granted approval to advertise a Request for Qualifications or Request for Proposals for supplemental staffing for the Project Management Department to assist with managing construction projects on an as-needed basis. D 14 Board granted approval and authorized execution of the 1 st Extension and Amendment to the Toll System Maintenance Agreement with TransCore, LP for 24-hour tolling system monitoring, routine preventative maintenance and software and hardware warranty coverage for the Card Sound Toll All Electronic Tolling System. The first-year annual cost is $176,437.64 and an annual 3% escalation each year thereafter for a total cost of$936,731.39 for the five-year term from October 1, 2023 through September 30, 2028. D15 Board granted approval to close obsolete Wastewater Ad Valorem Funds 176, Duck Key Municipal Service Taxing Unit(MSTU); 175, Long Key Layton MSTU; 174, Conch Key MSTU; 171, Stock Island MSTU; 170, Key Largo MSTU; 169, Big Coppitt; 168, Bay Point MSTU; 166, Marathon MSTU; and unneeded capital project funds 310, Big Coppitt Wastewater; 311 Duck Key Wastewater; 312, Cudjoe Regional Wastewater; 315, Long Key Wastewater, and request that the Clerk of the Court transfer the remaining residual funds to Fund 304, Once Cent Infrastructure Sales Surtax. Page 13 07/19/2023 2658 D16 Board granted approval to ratify Alzheimer's Disease Initiative Program(ADI) Contract No. KZ-2397 between the Alliance for Aging, Inc., and Monroe County/Monroe County Social Services/In-Home Services for the contract year 2023-2024, July 1, 2023 through June 30, 2024, in the amount of$60,634.56. D17 Board granted approval and authorized execution of a Task Order with Kisinger Campo &Associates, Corp. (KCA) in the amount, not to exceed, of$152,904.00 for Engineering Services to assess the condition of Monroe County bridges and provide updated repair and/or replacement cost estimates and a prioritization schedule for the proposed work. This task order is being awarded under the On Call Contract for Professional Services. The task order is being awarded to KCA out of the usual rotation order due to KCA's expertise with bridge engineering and their familiarity with Monroe County bridges. D18 Board granted approval and authorized execution of the Fiscal Year 2024 Exhibit A to the Memorandum of Understanding (MOU) with University of Florida, Monroe County Extension, including salary and fringe benefits, in the amount of$126,840.14 for three FTE Extension faculty, scheduled from October 1, 2023 through September 30, 2024. The MOU with University of Florida is effective October 1, 2021 through September 30, 2024. D19 Board granted approval and authorized execution of an Agreement with Tranquility Bay Adult Day Care (Key Largo) to continue to provide Facility-Based Respite Services to elderly and disabled citizens residing throughout Monroe County, for the contract period of July 1, 2023 through June 30, 2024. D21 Board granted approval and authorized execution of a 2nd Amendment to the Pharmacy Benefit Management Services Agreement with Capital Rx, Inc., to provide Pharmacy Benefits Management Services and an Employer Group Waiver Program for employees, retirees, and dependents, to extend the term of the Agreement to cover January 1, 2024 through December 31, 2026. D22 Board granted approval and authorized execution of a 4th Amendment to the Administrative Services Agreement with Florida Blue, in the amount of approximately $4.1 million dollars, and extending the term of the Agreement by five years, to cover January 1, 2024 through December 31, 2028, to continue providing Claims Administration, Case Management and Utilization Review Services, Disease Management, Network Management, Wellness Programs and other Related Services to Monroe County. D24 Board accepted the Report of monthly Change Orders for the month of June 2023, reviewed by the County Administrator/Assistant County Administrator. Said report is incorporated herein by reference. D25 Board granted approval and authorized execution of a Contract with Early Alert Inc., the top-ranked vendor in response to a Request for Proposals for Emergency Management Consulting Services; granted approval to negotiate and enter into contracts with the second and Page 14 07/19/2023 2659 third ranked vendors if necessary; and authorized the Emergency Management Director or designee to execute any additional documentation related to the agreement. D26 Board granted approval to ratify a 2nd Amendment to the Federally Funded Sub-Grant Umbrella Agreement No. E2012 with the Florida Department of Commerce, formerly known as Florida Department of Economic Opportunity, to extend the contract period by one additional year, effective July 1, 2023 through June 30, 2024. D27 Board granted approval and authorized execution of a Lease Agreement with Congressman Carlos A. Gimenez for office space, Room 1-213, at the Gato Building in Key West, at no charge, for a two-year term. COUNTY LAND ACQUISITION F1 Board granted approval and authorized execution of a 14th and 15th Amendment to State Lands Management Lease No. 4549 between Monroe County and the State of Florida for the management of certain state-owned conservation lands. F2 Board granted approval and authorized execution of a Task Assignment No. FK-182 with the Florida Fish& Wildlife Conservation Commission, to receive funds, in the amount of $150,000.00, for the County to hire a contracted crew of Invasive Exotic Plant Control Technicians to treat invasive exotic plants on conservation lands that are owned or managed by Monroe County. F3 Board adopted the following Resolution approving the Inventory of Monroe County Conservation Lands in accordance with Ordinance No. 008-2023. RESOLUTION NO. 251-2023 Said Resolution is incorporated herein by reference. F4 Board granted approval and authorized execution of a 2nd Amendment to the Agreement with Tetra Tech, Inc., increasing the not to exceed amount from $1,100,000.00 to $1,410,000.00, to utilize the consultant for an additional year which was added to the grant time period by the Department of Economic Opportunity; and adding new federal contract requirements to the Agreement for Grant Management Services for the Community Development Block Grant- Disaster Recovery (CDBG-DR), Voluntary Home Buyout Program funded through CDBG-DR funds. F5 Board granted approval and authorized execution of a Contract to purchase a Less Than Fee Interest in Block 6, Lots 29 and 30, Pine Channel Estates Section Two on Big Pine Key, near mile marker 29, from Mario E. Jakob and Shelly A. Jakob, as Trustees of the Mario E. Jakob and Shelly A. Jakob Joint Revocable Living Trust Agreement dated March 22, 2022, for density reduction purposes, for the price of$99,999.00. Page 15 07/19/2023 2660 F6 Board granted approval to submit Hazard Mitigation Grant Program Applications under Presidential Disaster Declaration for Hurricane Ian, FEMA No. 4673-DR-FL, for Residential Elevation and Mitigation Reconstruction Projects of approximately 28 privately-owned properties with an estimated budget, in the amount of$9,450,000.00, with homeowners providing the local match amount. F7 Board granted approval to submit Hazard Mitigation Grant Program Applications under Presidential Disaster Declaration for Hurricane Nicole, FEMA No. 4680-DR-FL, for Residential Elevation and Mitigation Reconstruction Projects of approximately 34 privately-owned properties with an estimated budget, in the amount of$10,657,000.00, with homeowners providing the local match amount. AIRPORTS H1 Board granted approval and authorized execution of Task Order No. 2023-36 with Jacobs Project Management Company, in the amount of$766,984.00, for design,permitting and bidding of the MTH Relocate Runway 7/25 Project at Florida Keys Marathon International Airport. The task order is funded by Federal Aviation Administration Grant No. 44-41 (90%), MTH Florida Department of Transportation Grant No. G1V30 (8%) and MTH Airport Operating Fund 403 (2%). H2 Board granted approval of Task Order No. 2022-34 with Jacobs Project Management Company, in the amount of$174,866.00, to update the Airport Layout Plan for Florida Keys Marathon International Airport. The task order is funded by Federal Aviation Administration Grant No. 44-42 (90%), MTH Planning Studies Florida Department of Transportation Grant No. G1Q05 (8%) and MTH Airport Operating Fund 403 (2%). H3 Board granted approval to ratify Federal Aviation Administration Grant Agreement No. 3-12-0037- 073-2023, as executed by the Executive Director of Airports,providing $1,613,164.00 in funding to Rehabilitate 730 linear feet of Runway 9/27 at Key West International Airport. Project costs will be funded with Federal Aviation Administration Grant No. 37-74 (90%), Florida Department of Transportation Airfield Improvements Grant No. G2E62 (5%) and Airport Operating Fund 404 (5%). H4 Board granted approval to ratify Federal Aviation Administration Grant Agreement No. 3-12-0037-074-2023, as executed by the Executive Director of Airports,providing $2,080,305.00 in funding for Key West International Airport, Concourse A Terminal Building Construction Phase 3. Project costs will be funded with Federal Aviation Administration Grant No. 37-74 (90%), Florida Department of Transportation Grant No. G2090 (5%) and Airport Bond Proceeds (5%). H5 Board granted approval to ratify a 5th Amendment to State of Florida Department of Transportation, Public Transportation Grant Agreement No. G1Q04, as executed by the Executive Director of Airports, adding $150,000.00 in additional funding for Planning Page 16 07/19/2023 2661 Studies for Key West International Airport. This grant is funded by the Florida Department of Transportation (50%) and Airport Operating Fund 404 (50%). H6 Board granted approval to ratify a 4th Amendment to State of Florida Department of Transportation Public Transportation, Grant Agreement No. G2090, as executed by the Executive Director of Airports,providing an additional $9,097,000.00 in funding for the Concourse A and Terminal Improvements Program at Key West International Airport; and requires a 50% match from Airport Revenue Bond Fund 405. H7 Board granted approval and authorized execution of Task Order No. 2022-44 with Jacobs Project Management Company, for Airport Noise Program Coordinator Services, in the amount of$1,542,546.00, for Key West International Airport Noise Insulation Program Phase 1 (Final Design of 17 Single Family Homes and Noise Eligibility Testing and Preliminary Design of 43 Single Family Homes). All project costs to be funded with Federal Aviation Administration Grant No. 37-77 (90%) and Airport Operating Fund 404 (10%). H8 Board granted approval and authorized execution of a 2nd Change Order with Charley Toppino & Sons, Inc. in the amount of$909,480.00 for the Aircraft Overflow Apron & Mitigation Project at Key West International Airport. Due to unforeseen delays in receiving permitting, the contractor has incurred additional costs in General Conditions. The change order will be funded by Florida Department of Transportation Contract No. G1Q91 (50%) and Airport Operating Fund 404 (50%). H9 Board granted approval of an exception to the Monroe County Purchasing Policies and Procedures, on an emergency basis, for Change Orders awarding the Hurricane Ian emergency repair of the Engineered Material Arresting System bed at Key West International Airport to Charley Toppino & Sons, Inc. as part of the Commercial Apron Expansion Project. H10 Board adopted the following Resolution authorizing execution of a 1st Amendment to the Line of Credit Agreement with PNC Bank,National Association providing interim financing of various capital improvements at Key West International Airport, to clarify that the Bipartisan Infrastructure Law (BIL) Competitive Airport Terminal Grant received in Fiscal Year 2023 is not part of the pledged security under the Credit Agreement, and amending the Credit Agreement to exclude the proceeds of the Fiscal Year 2023 BIL Grant from the definition of Grant Proceeds. RESOLUTION NO. 252-2023 Said Resolution is incorporated herein by reference. H11 Board granted approval of an exception to the Monroe County Purchasing Policies and Procedures and granted authorization to issue payment to Charley Toppino & Sons, Inc. in the amount of$74,995.00 for emergency repairs to Key West International Airport (EYW) Runway 9; to be paid from EYW Airfield Improvements Florida Department of Transportation Grant No. G2E62 and Airport Operating Fund 404 (50%). Page 17 07/19/2023 2662 H12 Board granted approval to award bid and authorized execution of a Contract in the amount of$1,576,088.00 to Ranger Construction Industries, Inc., the lowest bidder, for the Runway 9-27 Repair Project at Key West International Airport. The project is funded by Federal Aviation Administration Grant No. 37-73 (90%), Florida Department of Transportation Grant No. G1007 and/or G2E62 (5%) and Airport Operating Fund 404 (5%). PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS Il Board granted approval and authorized execution of an Inter-Local Agreement between Monroe County and the City of Key Colony Beach(City), to reimburse the City in an amount of $3,248.00 from Boating Improvement Funds for costs to be incurred by the City during Fiscal Year 2024 for regulatory buoy and sign replacement. 12 Board granted approval and authorized execution of an Inter-Local Agreement between Monroe County and Islamorada, Village of Islands (Village)reimbursing the Village in an amount of$14,000.00, from Boating Improvement Funds for costs to be incurred by the Village during Fiscal Year 2024 for regulatory buoy maintenance. 13 Board granted approval and authorized execution of a Contract with Coffin Marine Services, Inc. for Installation and Maintenance of Aids to Navigation and Regulatory Markers in Monroe County, funded by State Boating Improvement Funds. 14 Board granted approval and authorized execution of a Contract with ASAP, Inc. for Installation and Maintenance of Aids to Navigation and Regulatory Markers in Monroe County, funded by State Boating Improvement Funds. 15 Board granted approval and authorized execution of a Contract with Live Flyer, Inc. for Installation and Maintenance of Aids to Navigation and Regulatory Markers in Monroe County, funded by State Boating Improvement Funds. 16 Board granted approval and authorized execution of a Contract with American Underwater Contractors, Inc. for Installation and Maintenance of Aids to Navigation and Regulatory Markers in Monroe County, funded by State Boating Improvement Funds. SHERIFF'S OFFICE Kl Board granted approval and authorized execution of a 1 st Addendum to the Florida e911 Region 6 Memorandum of Understanding (MOU), adding Martin and Charlotte Counties as additional parties to the MOU. Page 18 07/19/2023 2663 COMMISSIONER'S ITEM L2 Board granted approval of Commissioner Rice's appointment of Laurie Keiling to the Duck Key Security District Advisory Board, replacing Michael Weber, for a full three-year term, expiring July 19, 2026. COUNTY CLERK M1 Board granted approval of the minutes from the March 22, 2023 regular meeting. Said minutes are incorporated herein by reference. M2 Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. Said list is incorporated herein by reference. M3 Board granted approval of BOCC Warrants 10120540-10121891 (AP); 29455-29556 (WC); all payroll direct deposited to employee's bank accounts for the month of June 2023, as follows: Fund Fund Title Amount 001 General Fund $8,817,227.81 101 Fine & Forfeiture $477,887.28 102 Road/Bridges $255,058.62 115 TDC -Two Penny $1,041,877.07 116 TDC -Admin Promo 2 Cent $1,702,627.16 117 TDC - District 1 Third Cent $1,674,265.03 118 TDC - District 2 Third Cent $561,659.19 119 TDC - District 3 Third Cent $877,240.95 120 TDC - District 4 Third Cent $563,056.64 121 TDC - District 5 Third Cent $965,913.34 125 Grant Fund $1,465,402.03 132 Impact Fees/Library $164,507.49 141 Fire/Ambulance $944,439.76 147 Unincorporated Service $224,115.77 148 Planning Building $555,813.44 149 Municipal Policing $725,779.49 150 E911 Enhancement Fund $40,329.35 152 Duck Key Security $7,956.27 153 Local Housing Assistance $10,186.20 157 Boating Improvement Fund $84,093.93 158 Miscellaneous Special Revenue Fund $152,743.44 160 Environmental Restoration $18,609.07 163 Court Facilities $11,350.42 164 Drug Facilities Fees $1,885.52 177 Canal#266 MSBU $940.12 Page 9 07/19/2023 2664 Fund Fund Title Amount 180 Building Funds $428,849.36 304 1 Cent Infrastructure $1,176,672.21 312 Cud'oe Regional WW Project $8,375.60 316 Land Acquisition $126,939.78 401 Card Sound Bride $24,140.26 403 Marathon Airport $2,388,214.04 404 Key West Int'l Airport $3,731,519.13 405 Key West International Airport Series $7,826,008.90 2022 Revenue Bonds 406 PFC & Operating Restrictions $252,556.54 414 MSD Solid Waste $2,535,215.67 501 Workers' Compensation $159,489.14 502 Group Insurance Fund $1,055,357.50 503 Risk Management Fund $3,313,139.53 504 Fleet Management Fund $271,976.84 610 Fire/EMS LOSAP Trust Fund $2,805.00 M4 Board granted approval of Tourist Development Council expenses for the month of June 2023, as follows: Vendor Amount Advertising $2,817,215.10 Bricks & Mortar Projects $55,539.50 Events $229,963.86 Office Supplies & Operating Costs $27,789.44 Personnel Services $0.00 Public Relations $200,474.38 Sales & Marketing $126,006.75 Telephone &Utilities $27,078.23 Travel $17,063.23 Visitor Information Services $70,658.08 COUNTY ADMINISTRATOR N1 Board accepted the County Administrator's monthly Report for July 2023. Said report is incorporated herein by reference. N2 Board adopted the following Resolution adopting a revised Table of Organization, as reflected in Exhibit A to the resolution,placing the Medical Examiner under the auspices of the County Administrator as a County Department. RESOLUTION NO. 253-2023 Said Resolution is incorporated herein by reference. Page 110 07/19/2023 2665 N3 Board adopted the following Resolution approving the list of Monroe County's Capital Grant Applications for the "Resilient Florida" Grant Program in 2023. RESOLUTION NO. 254-2023 Said Resolution is incorporated herein by reference. N4 Board granted approval and authorized execution of a 2nd Modification to Federal Emergency Management Agency, Hazard Mitigation Grant Program Sub-Grant Agreement No. H0856 with Florida Division of Emergency Management to develop Watershed Management Plans for Layton, Key Colony Beach and Marathon, to provide a one-year extension to the agreement, expiring September 30, 2024. N5 Board granted approval and authorized execution of a Contract with Aqua Waste Repairs, Inc., in the amount of$299,000.00, to construct an injection well on Canal No. 58 in Key Largo as part of the Canal Restoration Program, funded by Florida Department of Environmental Protection Grant No. LPA0248. N6 Board granted approval and authorized execution of a Contract with Aqua Waste Repairs, Inc., in the amount of$324,000.00, to construct an injection well on Canal No. 278 in Eden Pines on Big Pine Key as part of the Canal Restoration Program, funded by Florida Department of Environmental Protection Grant No. LPA0248. N7 Board granted approval and authorized execution of a 2nd Amendment to the Contract with Erin L. Deady, P.A., to extend the period of performance by one year, at no additional cost, for Consulting Services to develop Watershed Management Plans for Monroe County, Marathon, Layton and Key Colony Beach pursuant to Florida Department of Emergency Management Grant No. H0856-02. N8 Board granted approval and authorized execution of a 3rd Amendment to the Contract with Erin L. Deady, P.A., in the amount of$14,000.00, to prepare and submit up to four Grant Applications under the 2023 Resilient Florida Grant Program on behalf of the County. N9 Board granted approval to negotiate, in rank order, for the Rock Harbor Breakwater Repairs Project in Key Largo, funded by a federal Housing and Urban Development pass- through Community Development Block Grant—Mitigation Grant No. IR036 from the Florida Department of Economic Opportunity. NIO Board granted approval to enter into negotiations, in rank order, for the Tavernier Breakwater Repairs Project, funded by a federal Housing and Urban Development pass-through Community Development Block Grant—Mitigation Grant No. IR045 from the Florida Department of Economic Opportunity. Page 111 07/19/2023 2666 COUNTY ATTORNEY 02 Board granted approval to initiate litigation against Frank N. Mafrici and his property located at 27361 Barbados Lane, Ramrod Key, Florida to seek compliance with the County Code and enforce the lien(s) arising from Code Compliance Case Nos. CE20080061 and CE20090065. 03 Board granted approval to initiate litigation against Aileen Franklin and her property, 81 Coral Drive, Key Largo, Florida, to seek compliance with the County Code and enforce the lien(s) arising from Code Compliance Case Nos. CE08070095 and CE20010034. 05 Board adopted the following Resolution authorizing partial release of liens for Code Compliance Case Nos. CE16100099 and CE18050099 on property 104 Jamaica Street, Duck Key, Florida, with Property Identification No. 00379540-000000. RESOLUTION NO. 255-2023 Said Resolution is incorporated herein by reference. 06 Board granted approval of an Agreement with Smarsh, Inc., the sole source provider of cellular text message archiving solution, in the amount of$26,473.86, for one year, and granted approval to exempt this procurement from the competitive solicitation process as a sole source provider; and authorized the County Attorney to sign the agreement and related documents. 07 Board granted approval to renew the Contract with ClearRisk for Certificate of Insurance and Claims Management Software, in the amount of$36,750.00, for one year. 08 Board granted approval to renew the Airport Public Officials Liability Insurance with Indian Harbor Insurance Co., through Gehring Group, a Risk Strategies Company, in the amount of$18,847.00, for one year. 09 Board granted approval to renew Airport Liability Insurance with Ace Property and Casualty Ins. Co. through Arthur J. Gallagher& Company, in the amount of$69,090.80, for one year; and authorized the Risk Manager to sign any and all necessary documents to bind coverage. Ol l Board granted approval to ratify a Professional Services Agreement with the law firm of Stearns, Weaver, Weissler, Alhadeff& Sitterson, P.A., to assist the County Attorney with drafting and preparing of a proposed County Charter; and authorized the payment for work that commenced on June 8, 2023. FLEET MANAGEMENT S 1 Board granted approval to purchase a new service truck to service all generators throughout Monroe County, in the amount of$173,143.00, through Sourcewell Contract No. 110421-ALT. Page 112 07/19/2023 2667 S2 Board granted approval to award surplus units to the highest bidders as set forth in Budget&Finance Purchasing Department Tabulation Sheet, and authorized the award of surplus items to the next highest bidder(s) if necessary, until items are disposed of. Said tabulation sheet is incorporated herein by reference. EMPLOYEE SERVICES S3 Board granted approval and authorized execution of a one-year Residential Lease with a County employee, commencing August 1, 2023, through July 31, 2024. The monthly rental amount is $1,640.80. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS D20 Motion was made by Commissioner Lincoln and seconded by Commissioner Scholl granting approval and authorizing execution of the 1 st Amendment to the Agreement with Guidance/Care Center for Substance Abuse and Mental Health Services for Fiscal Year 2023, to reflect a change in Section 2, Amount of Agreement, and to incorporate an amendment to the agreement between South Florida Behavioral Health Network and Guidance/Care Center. Roll call vote carried unanimously with Commissioner Rice abstaining due to conflict. D23 Kevin Wilson, Assistant County Administrator, and John Allen, Director of Parks & Beaches, addressed the Board regarding a License Agreement with Big Pine Key Chapter No. 2466 of AARP, Inc. for use of the Big Pine Key Community Center located in the shopping center at 201 Key Deer Blvd., Unit C1-3, Big Pine Key, with an initial three-year term and two renewal options of one year each. After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Scholl granting approval and authorizing execution of the License Agreement. Roll call vote carried unanimously. Bob Shillinger, County Attorney, addressed the Board regarding the following two items, D28 and D29: D28 Approval to award and enter into a 5-year contract with DRC Emergency Services, LLC., for Disaster Response and Recovery Service, effective August 1, 2023, and upon receipt of fully executed contract direction to the County Administrator to execute agreement on behalf of the Monroe County BOCC. D29 Approval to award and enter into a 5-year contract with Ashbritt Toppino, LLC., for Disaster Response and Recovery Service, effective August 1, 2023, and upon receipt of fully executed contract direction to the County Administrator to execute agreement on behalf of the Monroe County BOCC. Roman Gastesi, County Administrator; Mr. Wilson; Cheryl Sullivan, Director of Solid Waste; and Christine Limbert-Barrows, Assistant County Attorney, addressed the Board. The Page 113 07/19/2023 2668 following individuals addressed the Board: Randy Perkins, Chairman of AshBritt, Inc., and representing AshBritt Toppino, LLC; Richard Toppino, President of Charley Toppino & Sons, Inc. and representing AshBritt Toppino, LLC. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Scholl granting approval of Item D28 and D29, waiving portions of the Monroe County Purchasing Policy, on an articulated basis, including operational flexibility, ability to respond by a dependable contractor(s), and portions of the policy which incorporate the federal provisions. Roll call vote carried unanimously with Mayor Pro Tem Raschein abstaining due to conflict. PUBLIC HEARING P3 A Public Hearing was held to consider approval of a Resolution transmitting to the State Land Planning Agency an Ordinance 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. Emily Schemper, Senior Director of Planning and Environmental Resources, gave a Power Point Presentation. Peter Morris, Assistant County Attorney, addressed the Board. The following individuals addressed the Board: Dottie Moses, representing Island of Key Largo Federation of Homeowner Associations; Rudy Krause, and Don Horton. After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Rice to continue the item to the September 20, 2023 regular meeting in Key Largo. Motion carried unanimously. SOUNDING BOARD Q1 John Milhiser addressed the Board regarding the Twin Lakes/Sands Neighborhood Sustainability Projects. The following individual addressed the Board: Sandy Milhiser. COUNTY ATTORNEY 04 Mr. Shillinger and Mr. Gastesi addressed the Board with an update following County staffs June 23, 2023 meeting with incoming Federal Emergency Management Agency (FEMA) Region IV Administrator and FEMA staff in Atlanta regarding the County's request to seek changes to certain floodplain regulations and solicitation of public input for suggestions on potential changes. The following individuals addressed the Board: Gay Marie Smith, Amedeo D'Ascanio, representing D'Asign Source; Don Horton, BJ Born, Marlen Weeks, Tim Urbanski, Rudy Krause, and Joseph Tremblay. After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Scholl to adopt the following Resolution, that the building department currently lacks the capacity to conduct such inspections, it has not had the capacity for some period of time, the Board finds that a seller who sold a property which closed before January 31, 2024 would still have a defense of non-availability of condition precedent under the Transfer of Ownership Program to establish the cause of action for claims brought against the buyer, against the seller,pursuant to the relevant Ordinances. Motion carried unanimously. Page 114 07/19/2023 2669 RESOLUTION NO. 257-2023 Said Resolution is incorporated herein by reference. 010 Mr. Shillinger addressed the Board and gave a Charter County discussion update. The following individuals addressed the Board: John Milhiser. Mr. Gastesi addressed the Board. 01 Mr. Shillinger directed the Board to the County Attorney Report for the month of July 2023. Said report is incorporated herein by reference. Mr. Shillinger advised the Board that the Contractor's Examining Board had withdrawn their request to review and comment on any Ordinance changes that involve the building trades. Mr. Shillinger requested to hold an Attorney-Client Closed Session in the matter of Sunset Gardens Estate Land Trust 0211012014, by and through its Successor Trustee, Simtrust Group LLC, and Sunset Gardens Farm, LLC v. Monroe County, Case No. 19-CA-460-P, and read the required language into the record. Motion was made by Commissioner Lincoln and seconded by Commissioner Rice granting approval to hold the closed session at the September 20, 2023 BOCC regular meeting in Key Largo, Florida, at 9:30 a.m. or as soon thereafter as the matter may be heard. Motion carried unanimously. Mr. Shillinger was given permission to write a letter of support for the Florida Keys Aqueduct Authority grant for wastewater. PUBLIC HEARINGS P1 A Public Hearing was held to consider approval of a Resolution to continue the imposition of Wastewater Assessments and to set the annual rate for all previously approved Assessment Rolls including Big Coppitt, Duck Key, Stock Island including Stock Island Phase 2, Cudjoe Regional Centralized Inner& Outer Island and Expanded Parcels within the Cudjoe Regional Service Area, East/West Long Key, No Name Key, and Middle/Big Torch Key service areas. The administrative cost associated with the imposition of wastewater assessments is paid from the collection of the annual assessments. There was no public input. Motion was made by Commissioner Scholl and seconded by Commissioner Rice to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 258-2023 Said Resolution is incorporated herein by reference. P2 A Public Hearing was held to consider approval of a Resolution adopting the final Duck Key Security District Non-Ad Valorem Special Assessment Rates for Fiscal Year 2023-2024 and consider approval of Non-Ad Valorem Assessment Roll Certificate to be provided to the Tax Collector by September 15, 2023. There was no public input. Motion was made by Commissioner Rice and seconded by Commissioner Lincoln to adopt the following Resolution. Motion carried unanimously. Page 115 07/19/2023 2670 RESOLUTION NO. 259-2023 Said Resolution is incorporated herein by reference. P4 A Public Hearing was held to consider a Resolution allowing a temporary construction staging area at property located at 77 Sirius Lane, Geiger Key, with Parcel Identification No. 00146530-000000, related to a Canal Restoration Project(Canal No. 475). There was no public input. Motion was made by Commissioner Scholl and seconded by Commissioner Rice adopting the following Resolution. Motion carried unanimously. RESOLUTION NO. 256-2023 Said Resolution is incorporated herein by reference. P5 A Public Hearing was held to consider an Ordinance amending Monroe County Land Development Code, Section 101-1, Definitions and Chapter 122, Floodplain Management; Article I, In General, Section 122-3, Definitions, to update the definition of Market Value to be consistent with the Florida Division of Emergency Management, Bureau of Mitigation, State Office of Floodplain Management's December 2022 Guidance on Market Value and Model Floodplain Management Ordinance which is written to explicitly rely on and be coordinated with the Flood Provisions in the Florida Building Code, meeting the National Flood Insurance Program requirements and approved by the Federal Emergency Management Agency in 2013; 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. Ms. Schemper addressed the Board. The following individual addressed the Board: David deHaas-Grosseck, representing DeHaas Consulting & Design. After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Scholl adopting the following Ordinance. Motion carried unanimously. ORDINANCE NO. 017-2023 Said Ordinance is incorporated herein by reference. P6 A Public Hearing was held to consider an Ordinance amending the Monroe County Land Use District Map from Suburban Commercial and Suburban Residential to Suburban Commercial, for property located at 101 Magnolia Street, Key Largo, legally described as Square 20, Ocean Acres, Key Largo, Monroe County, Florida, currently having Property Identification No. 00454520-000000, as proposed by Magnolia 101, LLC; 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 the Land Use District(Zoning) Map; 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. 018-2023 Said Ordinance is incorporated herein by reference. Page 116 07/19/2023 2671 P7 A Public Hearing was held to consider a private property owner's request to waive the Mandatory Non-Residential Inclusionary In-Lieu Affordable-Workforce Housing Trust Fund Fee applicable to the new development of an outdoor storage use at property located at 413 Barry Avenue, Little Torch Key, approximate mile marker 29, currently having parcel identification number 00215140-000000. Ms. Schemper addressed the Board. The following individuals addressed the Board: Dottie Moses, representing Last Stand; and Joseph Tremblay. After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Scholl to waive the fee by 50% and adopt the following Resolution, finding that it follows 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. 260-2023 Said Resolution is incorporated herein by reference. COMMISSIONER'S ITEM Ll Mr. Wilson addressed the Board regarding naming an unspecified location after long- time Commissioner Sylvia Murphy. After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Rice to add a plaque in memory of former County Mayor Sylvia Murphy alongside the existing plaque for Kaye Thacker at the Murray Nelson Government Center, as Mayor Murphy and Ms. Thacker were longtime friends. Motion carried unanimously. CLOSED SESSIONS J1 Mr. Shillinger announced the Attorney-Client Closed Session in the matter of Galleon Bay v. Monroe County, et al., 02-CA-595-K and read the required language into the record pursuant to Section 286.011(8), Florida Statutes. Mr. Shillinger advised that the following individuals would be present at the meeting: County Commissioners; County Administrator Roman Gastesi, County Attorney Bob Shillinger; Assistant County Attorney Derek Howard; and a certified court reporter. Mayor Pro Tem Raschein declared the open session of the meeting closed. After the closed session, the meeting was re-opened. J2 Mr. Shillinger announced the 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 pursuant to Section 286.011(8), Florida Statutes. Mr. Shillinger advised that the following individuals would be present at the meeting: County Commissioners; County Administrator Roman Gastesi, County Attorney Bob Shillinger; Assistant County Attorney Kelly Dugan; and a certified court reporter. Page 117 07/19/2023 2672 Mayor Pro Tem Raschein declared the open session of the meeting closed. After the closed session, the meeting was re-opened. J3 Mr. Shillinger announced the Attorney-Client Closed Session in the matter of Monroe County v. William Soileau, 16th Judicial Circuit Case No. 22-CA-399-K and read the required language into the record pursuant to Section 286.011(8), Florida Statutes. Mr. Shillinger advised that the following individuals would be present at the meeting: County Commissioners; County Administrator Roman Gastesi, County Attorney Bob Shillinger; Assistant County Attorney Kelly Dugan; and a certified court reporter. Mayor Pro Tem Raschein declared the open session of the meeting closed. After the closed session, the meeting was re-opened. 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. 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