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Item N1 N1 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 January 31, 2024 Agenda Item Number: N1 2023-2024 BULK ITEM: Yes DEPARTMENT: Clerk TIME APPROXIMATE: STAFF CONTACT: Liz Yongue 305-292-3550 No AGENDA ITEM WORDING: Approval of the minutes from the September 6, 2023 special budget meeting, September 20, 2023 regular meeting, and September 20, 2023 special budget meeting. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: 10. September 6 Budget.pdf 11. September 20.pdf 12. September 20 Budget.pdf FINANCIAL IMPACT: None 3377 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Special Budget Meeting Board of County Commissioners Wednesday, September 6, 2023 Key West, Florida& Via Communication Media Technology A special budget meeting of the Monroe County Board of County Commissioners convened at 5:05 p.m. at the Harvey Government Center in Key West and via Communication Media Technology. Present and answering to roll call were Commissioner Michelle Lincoln, Commissioner Holly Raschein, Commissioner David Rice, Commissioner Jim Scholl, and Mayor Craig Cates. Also present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Liz Yongue, Deputy Clerk; county staff, members of the press and radio; and the general public. Bob Shillinger, County Attorney and Tina Boan, Senior Director of Budget and Finance, addressed the Board regarding the starting time of the September 20, 2023 Regular Meeting in Key Largo. After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Scholl to start the meeting at 1:00 p.m. Motion carried unanimously. ADDITIONS, CORRECTIONS & DELETIONS Al There were no Additions, Corrections or Deletions to the Agenda. BULK APPROVALS Motion was made by Commissioner Raschein and seconded by Commissioner Lincoln granting approval of the following items by unanimous consent: B 1 Board granted approval to negotiate a contract with WSP USA, Inc., the highest ranked respondent for Construction Engineering and Inspection Services for the Harbour Drive Bridge Replacement Project in Duck Key, and if successful negotiations cannot be reached, approval to negotiate a contract with the next highest ranked respondent until successful negotiations are reached. B2 Board adopted the following Resolutions concerning the Transfer of Funds and the Receipt of Unanticipated Revenue: Receipt of Unanticipated Funds (OMB Schedule Item No. 1). RESOLUTION NO. 261-2023 Said Resolution is incorporated herein by reference. Page 11 09/06/2023 3378 Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 262-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 3). RESOLUTION NO. 263-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 4). RESOLUTION NO. 264-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO. 265-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 266-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 7). RESOLUTION NO. 267-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 268-2023 Said Resolution is incorporated herein by reference. B3 Board granted approval to participate in the Florida Recovery Obligation Calculation (F- ROC) Program, under the Florida Division of Emergency Management, and granted authorization for the Senior Director of Budget and Finance to act as the authorized agent for the County and execute the Participation Request Form and other documents subsequently provided while participating in the program. COUNTY ADMINISTRATOR CI Board granted approval to ratify an Interchange Agreement with Village of Islamorada (Village) to assign Bryan Cook, Director of Employee Services, to the Village to serve as Interim Village Manager on a temporary basis; and granted authorization for the County Administrator to sign additional future documents including extensions of the Agreement beyond the initial 60- day term. Motion carried unanimously. Page 12 09/06/2023 3379 C2 Kristen Livengood, Public Information Officer, gave a Power Point Presentation on Fiscal Year 2023 Community Pride. BUDGET D1 Ms. Boan gave a Power Point Presentation of the Fiscal Year 2024 Tentative Budget. Roman Gastesi, County Administrator, addressed the Board. D2 The following individual addressed the Board: Sheryl Schwab, Executive Director of the Domestic Abuse Shelter of the Florida Keys. Mr. Gastesi, and Brian Bradley, Risk and Public Records Manager, addressed the Board. The Board of County Commissioners meeting adjourned for the Board of Governors, Fire & Ambulance District 1, meeting. FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The Board of Governors for the Fire & Ambulance District 1 convened. Present and answering to roll call were Mayor Craig Cates, Commissioner Holly Raschein, and Commissioner David Rice. Mayor Bruce Halle and Councilman Greg Lewis were absent from the meeting. Mr. Shillinger announced that in the absence of Mayor Halle, Mayor Cates would be the acting Chair. F 1 Motion was made by Commissioner Rice and seconded by Commissioner Raschein to adopt the following Resolution adopting the tentative millage rate for Fiscal Year 2024. Motion carried unanimously. RESOLUTION NO. 269-2023 Said Resolution is incorporated herein by reference. F2 Motion was made by Commissioner Raschein and seconded by Commissioner Rice to adopt the following Resolution adopting the tentative budget for Fiscal Year 2024. Motion carried unanimously. RESOLUTION NO. 270-2023 Said Resolution is incorporated herein by reference. The Board of Governors, Fire & Ambulance District 1, adjourned. The Board of County Commissioners meeting reconvened with all Commissioners present. Page 13 09/06/2023 3380 BUDGET RESOLUTIONS AND ANNOUNCEMENTS G1 Ms. Boan announced the tentative millage rates. Said rates are attached hereto. G2 Motion was made by Commissioner Scholl and seconded by Commissioner Raschein to adopt the following Resolution adopting the tentative millage rates for Fiscal Year 2024. Roll call vote carried unanimously. RESOLUTION NO. 271-2023 Said Resolution is incorporated herein by reference. G3 Motion was made by Commissioner Rice and seconded by Commissioner Lincoln to adopt the following Resolution adopting the tentative operating budget for Fiscal Year 2024. Roll call vote carried unanimously. RESOLUTION NO. 272-2023 Said Resolution is incorporated herein by reference. G4 Motion was made by Commissioner Raschein and seconded by Commissioner Lincoln to adopt the following Resolution adopting the tentative capital budget for Fiscal Year 2024. Roll call vote carried unanimously. RESOLUTION NO. 273-2023 Said Resolution is incorporated herein by reference. G5 Announcement of the final public budget hearing to be held at 5:05 p.m. on September 20, 2023 at the Murray Nelson Government Center, 102050 Overseas Highway, Key Largo, FL 33037. 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 09/06/2023 3381 This is the reading of the rolled-back rate,the tentative millage rate, &the percent above/below the rolled-back rate. ANNOUNCEMENTS: Taxing Authority: Monroe County Board of County Commissioners Rolled-back millage rate is 2.2529 Tentative millage.rate is 2.7191 Tentative millage rate.is 20.69%above the rolled-back rate Taxing Authority: General Purpose Municipal Service Taxing Unit Rolled-back millage rate is 0.1442 Tentative millage rate is 0.1765 Tentative 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 Tentative millage rate is 0.3118 Tentative 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 . Tentative millage rate is 1.6932 - Tentative:millage rate is 3.86% above the rolled-back rate Taxing Authority: Middle Keys Health Care MSTU Rolled-back millage.rate is 0.4464 Tentative millage rate is 0.5000 Tentative millage rate is 12.01% above the rolled-back rate Aggregate Rolled-back millage rate is 2.8966 Tentative millage rate is 3.4049 Tentative millage rate is 17.55% above the rolled-back rate 3382 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, September 20, 2023 Key Largo, Florida& Via Communication Media Technology A regular meeting of the Monroe County Board of County Commissioners convened at 1:00 p.m. at the Murray Nelson Government Center in Key Largo and via Communication Media Technology. Present and answering to roll call were Commissioner Michelle Lincoln, Commissioner Holly Raschein, Commissioner David Rice, Commissioner Jim Scholl, and Mayor Craig Cates. Also present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Kevin Madok, Clerk; Liz Yongue, Deputy Clerk; county staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS & DELETIONS Al Bob Shillinger, County Attorney, addressed the Board. 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 B 1 Presentation of Years of Service Award in recognition of 10 years of service to Celso Hernandez, with the Roads & Bridges Department. B2 Presentation of Years of Service Award in recognition of 10 years of service to Kevin Cuomo, with the Facilities Department. B3 Presentation of Years of Service Award in recognition of 10 years of service to Giovanni Martinez, with the Parks and Beaches Department. B4 Presentation in recognition of Key West International Airport having been named the Florida Department of Transportation, 2023 Commercial Service Airport of the Year. B5 Proclamation declaring September 2023 as National Suicide Prevention & Action Month. B6 Mayor's Proclamation declaring the week of October 8th through 14th, 2023 as Fire Prevention Week. Page 11 09/20/2023 3383 COUNTY ADMINISTRATOR S1 Presentation and dedication of a memorial plaque to honor Mayor Emeritus Sylvia Murphy, former District 5 Monroe County Commissioner, at the Murray Nelson Government Center. BULK APPROVALS Motion was made by Mayor Cates and seconded by Commissioner Lincoln granting approval of the following items by unanimous consent: Cl Board granted approval and authorized execution of a 4th Amendment to the Contract with Humane Animal Care Coalition, Inc. for CPI-U adjustment of 6.5%, effective October 1, 2023. The CPI-U annual adjustment was approved in the July 15, 2020 Contract. Funding is Ad- Valorem. C2 Board granted approval and authorized execution of a 1 st Amendment to the Contract with Brightview Landscape Services, Inc. for Ballfield Maintenance—Multiple Locations, to extend the Contract for the first of four additional one-year periods, to 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 Board granted approval 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 Board granted approval and authorized execution of a renewal of a Class A Certificate of Public Convenience and Necessity to Islamorada, Village of Islands - Fire Rescue for the operation of Advanced Life Support Transport Ambulance Service for the period October 1, 2023 through September 30, 2025. C5 Board granted approval and authorized execution of a renewal of a Class B Certificate of Public Convenience and Necessity 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 Board granted approval to negotiate a Contract with McFarland Johnson, Inc., for the Engineering Design and Permitting phase of the Crane Boulevard Shared Use Path (Upper Sugarloaf Key)Project, and if an agreement cannot be reached with the highest ranked respondent, granted approval to negotiate with the next highest ranked respondent until an agreement is reached. The project is funded by the Federal Highway Administration through a Florida Department of Transportation Local Agency Program Agreement. Page 12 09/20/2023 3384 C7 Board granted approval and authorized execution of a 2nd Renewal to the Standby Agreement with Nations Market LLC for Emergency Feeding Services, for one year. C8 Board granted approval to reject the sole proposal received to the Request for Proposals for the Key Largo Pickleball Court Installation, which was opened on July 20, 2023, and to re- advertise in a phased project approach. C9 Board granted approval to advertise a Public Hearing to consider approval of an Ordinance modifying Monroe County Code 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. C10 Board granted approval and authorized execution of a 2nd Amendment to the Agreement with Tower Pest Control, Inc. for Pest Control in the Lower Keys, to apply a CPI-U increase of 3%, effective October 1, 2023. Funding is Ad Valorem, Parks and Beaches Fund 147, and the Tourist Development Council. The annual contract amount shall not exceed $43,340.00. C11 Board granted approval to ratify the submission of a Grant Application to the U.S. Department of Justice, Bureau of Justice Assistance for the Fiscal Year 2023 Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation, in the amount of$16,588.00, and granted approval of the funding to support the Monroe County Probation Services Case Management Technology, and granted authorization for the Director of Budget and Finance to execute acceptance of the award and related grant documents. C12 Board granted approval and authorized execution of an 8th Amendment to the Lease Agreement with Salute Watersports, LLC, to renew the term for the fifth of five one-year periods with the term to commence October 16, 2023 and terminate on October 15, 2024, and including 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 Board granted approval to waive a minor bidding irregularity and authorize execution of 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 Tourist Development Council Grant. C14 Board granted approval to award bid and authorized execution of a Contract with American Empire Builders Inc., the lowest and only responsive bidder, for the Harbour Drive Bridge (4904604) Replacement Project on Duck Key, in the amount of$5,780,000.00. C15 Board granted approval and authorized execution of a 14th Amendment to the Lease Agreement with Upper Keys Community Swimming Pool, Inc., to extend the lease on a month- to-month basis for a period of time,pending the advertising of a Request for Proposal and award of a contract for Operation and Management Services of Jacobs Aquatic Center, with the new term to commence on October 1, 2023. Page 13 09/20/2023 3385 C16 Board granted approval to advertise a Request for Proposals for Stock Island/Key West On-Demand Transit Service. C17 Board granted approval and authorized execution of a Contract with WSP USA, Inc. for Construction Engineering and Inspection Services associated with the Harbour Drive Bridge (4904604) Replacement Project on Duck Key in the, not to exceed, amount of$544,332.57. C18 Board granted 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 Field. Impact Fees for Parks has not been collected since 2020. The amount of Impact Fee funding available as of October 1, 2023 is estimated to be in the amount of$304,812.00. C19 Board granted approval and authorized execution of a 1st Amendment to the Task Order with Kisinger Campo and Associates, Corporation for Engineering Design and Permitting Services for Harbour Drive Bridge (4904604) Replacement Project, in the amount of $147,522.00, for Engineering Services during construction. C20 Board granted approval and authorized execution of an Interlocal Agreement with the City of Key West for the Joint Operation, Use and Maintenance of Bernstein Park's athletic fields. C21 Board granted approval and authorized execution of a 6th Amendment to the Agreement with Master Mechanical Services, Inc., for Middle 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. C22 Board granted approval and authorized execution of a 6th Amendment to the 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 Board granted approval and authorized execution of a 5th Amendment to the 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. C24 Board adopted the following Resolution granting a one-time waiver of fee requirement for Gavin Gonzalez to attend Monroe County's Fire Academy Minimum Standards Class, sponsored by Islamorada Fire Rescue. RESOLUTION NO. 279-2023 Said Resolution is incorporated herein by reference. Page 14 09/20/2023 3386 C25 Board granted approval to renew software services for RescueNet Billing Pro, ePCR, and FireRMS software from Zoll Data Systems, for one year, in the amount of$71,944.20; and granted authorization for the Fire Chief to execute all necessary documents. C26 Board granted approval and authorized execution of a 2nd Amendment to the Agreement with PlayCore Wisconsin, Inc. d/b/a GameTime, to add Harry Harris Park to the Additional Parks, as defined in the 1 st Amendment to the Agreement, and to amend the composite Exhibit A to add A-9, Harry Harris Park to the Agreement. The total estimated, not to exceed, amount of $338,958.72, will apply to this Phase A-9 of the Project. C27 Board granted approval and authorized execution of a 3rd Amendment to the Contract with Bender& Associates Architects, P.A., in the amount of$175,645.00, to provide Architectural and Engineering Services for the Florida Department of Emergency Management (FDEM) Hazard Mitigation Grant Program (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 is provided by FDEM-HMGP grant(75%) and local match(25%). The county portion will be paid by One Cent Infrastructure Sales Surtax. C28 Board granted approval and authorized execution of a 2nd Amendment to the Lease Agreement with Wharf SMI LLC, to amend the lease extending the current term for a period of three years, reducing the rental space and price,providing for an additional three optional 1-year renewals, change the Notice address, and adding other language requested by the Lessor for office space located at 4695 Overseas Highway, known as Ocean View Marina, which houses the Public Defender's Marathon Office. C29 Board granted approval and authorized execution of a 3rd Amendment to the Agreement with Siemens Industry, Inc., as a sole source provider for Testing, Certification, and Maintenance of Environmental Building Management Systems, including fire alarm, smoke control, and building automation systems in county facilities, adjusting the contract amount by a 5.5% increase, effective on October 1, 2023. Funding is Ad Valorem. C30 Board granted approval and authorized execution of a 1st Addendum to the Agreement with Professional Emergency Services, Inc. for Medical Direction for Monroe County Fire Rescue, extending the Agreement for one-year, with a 5% increase from $55,000.00 to $57,750.00 for air ambulance medical direction, and an increase from $58,000.00 to $60,900.00 for ground ambulance medical direction. The total contract amount is $118,650.00. C31 Board granted approval to ratify a 1st Amendment to Older American's Act Contract No. AA-2329 between the Alliance for Aging, Inc. and Monroe County/Monroe County Social Services to increase grant funding, in the amount of$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 January 1, 2023 through December 31, 2023. Page 15 09/20/2023 3387 C32 Board accepted the Report of monthly Change Orders for the months of July and August 2023, reviewed by the County Administrator and/or Assistant County Administrator. Said reports are incorporated herein by reference. C33 Board granted approval and authorized execution 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 Big Pine Community Park. This project is funded by District 11 Impact Fees and the American Rescue Plan. C35 Board granted approval and authorized execution of a 4th Amendment to the Contract for Local Police Services with Islamorada, Village of Islands, the Monroe County Sheriff's Office and Monroe County. C36 Board adopted the following Resolution granting approval to write-off a$45,000.00 State Housing Initiatives Partnership Second Mortgage which 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. RESOLUTION NO. 280-2023 Said Resolution is incorporated herein by reference. C37 Board adopted the following Resolution granting approval to write-off a$9,602.00 State Housing Initiatives Partnership Second Mortgage which was executed on June 20, 2017, recorded on April 16, 2018, as Document 4 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. RESOLUTION NO. 281-2023 Said Resolution is incorporated herein by reference. C38 Board granted approval of a letter to the Florida Department of Transportation (FDOT) expressing 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 No. FM 446005-1 on US 1 from mile marker 108.4 to mile marker 112.8, on the 18-mile stretch. C39 Board granted approval and authorized execution of a 2nd Modification to the Grant Agreement with the Florida Division of Emergency Management(FDEM) for Local Emergency Management and Mitigation Initiatives, Grant No. 4337-515-R (State Identification No. 309), Contract No. H0703 for Ten County Facilities, Wind Retrofit-Phase I. This Modification is to reinstate and extend the terms of the Agreement to December 31, 2023. Funding provided by FDEM Hazard Mitigation Grant Program Grant(75%) and local match(25%). The county portion will be paid by One Cent Infrastructure Sales Surtax. Page 16 09/20/2023 3388 C40 Board granted approval and authorized execution of a 3rd Amendment to the Agreement with Architects Design Group/ADG, Inc., in the amount of$33,330.00, to add enhanced commissioning for the construction of the Florida Keys Marathon Airport Non-Aeronautical Use Building. Funding is through the Florida Department of Emergency Management, Federal Emergency Management Agency, and Florida Department of Transportation. C41 Board granted approval and authorized execution of a Grant Agreement No. G2M95 with Florida Department of Transportation, for a Public Transit Service Development Program on Stock Island and Key West. Year 1 of the Grant, in the amount of$426,000.00 includes a 50% local match, which is budgeted in the Fiscal Year 2023-2024 budget. C42 Board granted 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 authorized the Clerk of Court to transfer any residual funds to Fund 304, One Cent Infrastructure Sales Surtax. C43 Board granted approval and authorized execution of a 2nd Amendment to the 2021-2024 Contract with City of Marathon, Monroe County Sheriff's Office and Monroe County for Local Police Services. TOURIST DEVELOPMENT COUNCIL D1 Board granted approval and authorized execution of a 4th Amendment to the Agreement with Cooke Communications Florida, LLC d/b/a Two Oceans Digital, for Website and Digital Provider Services, to continue inclusion of an online booking system, associated cost with said service, and to update the name of online booking system from Root Reservation, LLC to Ripe, Inc. D2 Board granted approval of the Fiscal Year 2024 Monroe County Tourist Development Council Marketing Plan. Said Marketing Plan is incorporated herein by reference. D3 Announcement of one vacant position on the Tourist Development Council District V Advisory Committee for one "At Large" appointment. COUNTY LAND ACQUISITION AND LAND MANAGEMENT F1 Board granted approval and authorized execution 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, in the amount of$56,250.00, from David Cruz and Amy Cruz for density reduction purposes. F2 Board granted approval and authorized execution 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, in the amount of$99,999.00, 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. Page 17 09/20/2023 3389 F3 Board granted approval and authorized execution 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, in the amount of$99,999.00, from Stephen R. Spaulding and Michele L. Spaulding for density reduction purposes. F4 Board granted approval and authorized execution 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, in the amount of$99,999.00, from Janet Legraff Loveland for density reduction purposes. F6 Board granted approval and authorized execution of a 1st Amendment and Extension of Agreement for Purchase of property, in the amount of$240,000.00, funded by the Community Development Block Grant-Disaster Recovery, Voluntary Home Buyout Program. F7 Board granted approval and authorized execution of a 1st Amendment and Extension of Agreement for Purchase of property, in the amount of$380,000.00, funded by the Community Development Block Grant-Disaster Recovery, Voluntary Home Buyout Program. F8 Board adopted the following Resolution granting approval and authorizing execution of an Agreement for Purchase of property, in the amount of$1,115,000.00, funded by the Community Development Block Grant-Disaster Recovery, Voluntary Home Buyout Program; authorizing execution of a Restrictive Covenant running with the land; and moving one Market Rate-Rate of Growth Ordinance Exemption from the acquired property to the Administrative Relief pool for market rate allocation(s). RESOLUTION NO. 282-2023 Said Resolution is incorporated herein by reference. AIRPORTS II Board granted approval to award bid and authorized execution of a Contract with Gardens of Eden of the Florida Keys, Inc., for Landscaping Services at Key West International Airport, funded by Airport Operating Fund 404. 12 Board granted approval to ratify a 1st Amendment for Time Extension to the State of Florida Department of Transportation, Public Transportation Grant Agreement No. 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 Automated Surface Observing System Equipment Project at the Florida Keys Marathon International Airport. I3 Board granted approval to ratify a 3rd Amendment to the Florida Department of Transportation, Public Transportation Grant Agreement No. GI Q05, as executed by the Director Page 18 09/20/2023 3390 of Airports,providing additional funding, in the amount of$75,000.00, for Planning Studies at the Florida Keys Marathon International Airport. This Grant requires a 20% local match from Marathon Airport Operating Fund 403. I4 Board granted approval to ratify a 1st Amendment to the Coronavirus Response and Relief Supplemental Appropriation Act Grant No. 3-12-0037-065-2021 from the United States of America, acting through the Federal Aviation Administration, increasing grant funding in the amount of$718.00, from $3,536,873.00 to $3,537,591.00, for 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 Board granted approval and authorized execution of a 2nd Amendment to the Contract with the Monroe County Sheriff's 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 Board accepted the Report of Airport Change Orders for the month of July, reviewed by the County Administrator and/or Assistant County Administrator. Said report is incorporated herein by reference. I7 Board granted approval to enforce a Claim of Lien and proceed to auction the derelict Antonov An-24 aircraft abandoned at Key West International Airport. I8 Board granted approval and authorized execution of a 2nd Amendment to the Lease Agreement with Tesla, Inc. f/k/a Tesla Motors, Inc., to increase the number of electric vehicle charging stations at the Florida Keys Marathon International Airport from four stations to twelve stations, including adding an adjacent undeveloped parcel of land 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. I9 Board adopted the following Resolution granting approval and authorizing execution of a Commercial Sponsorship Agreement with Race World Offshore, LLC for Key West International Airport to sponsor the 42nd Annual World Championship Boat Races from November 5th through 12th, 2023, in accordance with Resolution 123-2021. RESOLUTION NO. 283-2023 Said Resolution is incorporated herein by reference. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS J1 Board adopted the following Resolution amending Resolution No. 228-2022, the Permitting Fee Schedule; increasing fees based on the Consumer Price Index for All Urban Consumers for Fiscal Year 2023; adding fees for subsequent permit application extensions and temporary certificates of occupancy/completion; and providing for an implementation date. Page 19 09/20/2023 3391 RESOLUTION NO. 284-2023 Said Resolution is incorporated herein by reference. J2 Board adopted the following Resolution establishing a Cost of Prosecution Schedule to be imposed in Code Compliance cases; and providing for an effective date. RESOLUTION NO. 285-2023 Said Resolution is incorporated herein by reference. J3 Board adopted the following Resolution reserving one Affordable Housing Rate of Growth Ordinance (ROGO) Allocation consisting of one Moderate-Income Category ROGO Allocation, for proposed affordable housing dwelling units, on Cudjoe Key on property legally described as Part of Lots 1 and 2, Block 3, Bay Point Amended Plat, Saddlebunch Key, Property Identification No. 00160140-000000, until March 20, 2024, for Building Permit issuance. RESOLUTION NO. 286-2023 Said Resolution is incorporated herein by reference. COMMISSIONER'S ITEM L4 Board granted approval of Commissioner Raschein's reappointment of Peg Laron for a four-year term to the Tourist Development Council Board, with a term expiring September 20, 2027. COUNTY CLERK M1 Board granted approval of the minutes from the April 6, 2023 special workshop meeting and April 19, 2023 regular meeting. Said minutes are incorporated herein by reference. M2 Board granted approval of Tourist Development Council expenses for the period of July through August 2023, as follows: Vendor Amount Advertising $2,327,452.99 Bricks & Mortar Projects $512,921.62 Events $374,412.71 Office Supplies & Operating Costs $47,244.37 Personnel Services $251,519.14 Public Relations $267,856.21 Sales & Marketing $144,571.17 Telephone &Utilities $44,201.39 Travel $18,412.61 Visitor Information Services $167,408.66 Page 110 09/20/2023 3392 M3 Board granted approval of BOCC Warrants 10121892-10123016 (AP); 29557-29628 (WC); 50005406 (PR Checks); all payroll direct deposited to employee's bank accounts for the month of July 2023, as follows: Fund Fund Title Amount 001 General Fund $6,044,324.87 101 Fine & Forfeiture $5,448,362.28 102 Road/Bridges $284,618.25 104 Middle Keys Health Care MSTU $11,217.19 115 Tourist Development Council-Two Penny $502,216.56 116 TDC -Admin Promo 2 Cent $595,832.43 117 TDC -District 1 Third Cent $476,598.17 118 TDC -District 2 Third Cent $111,712.13 119 TDC -District 3 Third Cent $160,927.46 120 TDC -District 4 Third Cent $82,287.38 121 TDC -District 5 Third Cent $168,879.52 125 Grant Fund $2,443,935.31 141 Fire/Ambulance $1,135,094.53 147 Unincorporated Service $246,208.86 148 Planning Building $574,144.87 149 Municipal Policing $750,186.41 150 E911 Enhancement Fund $90,320.39 152 Duck Key Security $1,983.10 153 Local Housing Assistance $9,001.58 157 Boating Improvement Fund $82,131.13 158 Miscellaneous Special Revenue Fund $180,588.22 160 Environmental Restoration $18,474.05 162 Law Enforcement Trust-600 $500.00 163 Court Facilities $56,103.61 164 Drug Facilities Fees $8,707.04 177 Canal 4266 MSBU $439.25 180 Building Funds $418,863.38 304 1 Cent Infrastructure $2,419,940.79 312 Cudjoe Regional WW Project $8,491.22 316 Land Acquisition $95,148.00 401 Card Sound Bridge $40,451.31 403 Marathon Airport $3,542,671.45 404 Key West Int'I Airport $1,012,298.31 Page 11 09/20/2023 3393 405 Key West International Airport Series 2022 $22,830.00 Revenue Bonds 414 MSD Solid Waste $1,763,803.73 501 Workers' Compensation $98,529.25 502 Group Insurance Fund $2,336,753.83 503 Risk Management Fund $166,944.93 504 Fleet Management Fund $265,485.54 610 Fire/EMS LOSAP Trust Fund $2,805.00 M4 Board granted approval of BOCC Warrants 10123017-10124457 (AP); 29629-29708 (WC); all payroll direct deposited to employee's bank accounts for the month of August 2023, as follows: Fund Fund Title Amount 001 General Fund $3,918,143.79 101 Fine & Forfeiture $5,539,255.37 102 Road/Bridges $379,440.28 115 Tourist Development Council-Two Penny $270,854.33 116 TDC -Admin Promo 2 Cent $695,970.53 117 TDC -District 1 Third Cent $849,526.74 118 TDC -District 2 Third Cent $125,390.34 119 TDC -District 3 Third Cent $297,040.55 120 TDC -District 4 Third Cent $44,729.78 121 TDC -District 5 Third Cent $32,643.41 125 Grant Fund $3,438,437.27 141 Fire/Ambulance $1,037,614.76 147 Unincorporated Service $302,599.19 148 Planning Building $628,936.91 149 Municipal Policing $725,779.58 150 E911 Enhancement Fund $41,293.71 152 Duck Key Security $18,645.52 153 Local Housing Assistance $8,585.50 157 Boating Improvement Fund $63,775.25 158 Miscellaneous Special Revenue Fund $101,695.66 160 Environmental Restoration $35,414.25 163 Court Facilities $26,906.39 164 Drug Facilities Fees $1,885.52 171 Stock Island WW MSTU $864.29 Page 12 09/20/2023 3394 175 Long Key & Layton WW MSTU $277.50 176 Duck Key WW MSTU $412.63 177 Canal 4266 MSBU $1,046.55 180 Building Funds $369,288.29 304 1 Cent Infrastructure $1,637,394.83 310 Big Coppitt Wastewater Project $4,494.40 312 Cudjoe Regional WW Project $5,701.18 316 Land Acquisition $103,462.50 401 Card Sound Bridge $84,520.89 403 Marathon Airport $2,030,257.39 404 Key West Int'I Airport $1,097,208.17 405 Key West International Airport Series 2022 $4,153,692.41 Revenue Bonds 414 MSD Solid Waste $2,053,159.98 501 Workers' Compensation $125,226.16 502 Group Insurance Fund $2,061,480.69 503 Risk Management Fund $482,522.13 504 Fleet Management Fund $358,215.07 M5 Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. Said list is incorporated herein by reference. COUNTY ADMINISTRATOR N1 Board accepted the County Administrator's monthly Report for September 2023. Said report is incorporated herein by reference. N2 Board adopted the following Resolution approving a revised Monroe County Organizational Chart,placing the Parks and Beaches Department under the supervision of the Assistant County Administrator. RESOLUTION NO. 287-2023 Said Resolution is incorporated herein by reference. N3 Board granted approval to ratify a Grant of Easement with the Utility Board of the City of Key West, Florida d/b/a Keys Energy, signed by the County Administrator, to provide power to the Public Private Partnership Sheriffs Housing Project, located at 255 Trumbo Road in Key West. N4 Board granted approval and authorized execution of an 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. Page 113 09/20/2023 3395 N5 Board granted approval and authorized execution of an 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 Board granted approval and authorized execution of an 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 Board granted approval of a Grant Agreement with the Florida Fish and Wildlife Conservation Commission (FWC), in the amount of$10,000,000.00,to establish an Artificial Reef Program to plan, construct, monitor, and maintain artificial reef habitat(s) in Monroe County; and granted 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 Board granted approval of an Employment Agreement and confirmation of Sue Burke as Executive Assistant to Commissioner James K. Scholl; and granted authorization for the County Administrator or his designee to sign the Agreement. N9 Board adopted the following Resolution granting approval for Monroe County to host the 16th Annual Regional Climate Leadership Summit in Key West on December 16th through 18th, 2024; granting approval of the organizational procedures; granting authorization for the County Administrator to sign necessary documents; and providing for an effective date. RESOLUTION NO. 288-2023 Said Resolution is incorporated herein by reference. N10 Board granted approval to advertise a Request for Proposals to seek Conference Planning Services in support of the 16th Annual Regional Climate Leadership Summit, to be hosted by Monroe County in December 2024. N11 Board granted approval and authorized execution of a Florida Department of Environmental Protection Grant No. 22FRP131, in the amount of$900,000.00, with $0 local match, for the Long Key Living Shoreline resilience work. N12 Board granted approval and authorized execution of a 5th Task Order with WSP USA Environment& Infrastructure, Inc., not to exceed $17,616.96,under the Category C On-Call Professional Resilience and Environmental Engineering Services Contract, to develop and submit a grant application for the Federal Highway Administration Program for Promoting Resilient Operations for Transformative Efficient, and Cost-Saving Transportation Discretionary Program, retroactive to July 23, 2023. Page 114 09/20/2023 3396 N13 Board granted approval and authorized execution of a 6th Task Order with WSP USA Environment& Infrastructure, Inc., in the amount of$59,226.00, to the On-Call Category B Canal Infrastructure Engineering Services Contract, for Construction Engineering Inspection Services, to oversee the installation of a demonstration injection well on Canal No. 58 in Key Largo and Canal No. 278 in Big Pine Key, and to perform preconstruction and post construction monitoring to evaluate the effectiveness of both, funded by Florida Department of Environmental Protection Grant No. LPA0428. N14 Board granted approval and authorized execution of an Amendment No. 5B with HDR, Inc., at no cost, under the Sea Level Rise Vulnerability Analysis and Planning for County Maintained Roads Infrastructure Adaptation Contract, to extend the period of performance for the preparation of the Florida Division of Emergency Management, Hazard Mitigation Grant Program Application package for six adaptation projects identified under the Roadway Vulnerability Study, retroactive to October 1, 2022. N15 Board granted approval of a Florida Department of Environmental Protection Grant No. 22FRP132, in the amount of$3,327,266.00, with $0 local match, for the Duck Key Living Shoreline resilience work; and granted authorization for the County Administrator to execute the grant. COUNTY ATTORNEY 03 Board granted approval 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 No. CE21070022. 04 Board granted approval to initiate litigation against Steven Levin 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 No. CE20070051. 05 Board granted approval and authorized execution of a 2nd Amendment to the Contract with Interisk Corporation to provide Insurance Consulting Services for the County's Worker's Compensation and Risk Management Programs. 06 Board granted approval of a proposal to renew the 2023-2024 Liability Insurance and Excess Workers' Compensation Insurance Program, from Florida League of Cities, for an annual premium of$477,438.00; and granted authorization for the Risk Manager to sign all necessary documents. 07 Board granted approval to renew National Union Fire Insurance Company through VFIS agency with annual premium of$160,353.65 ($154,603.00 for Emergency Vehicle Physical Damage, $5,705.00 for Portable Equipment and $45.65 for all taxes, surcharges and fees); and granted authorization for the Risk Manager to sign all necessary forms. Page 115 09/20/2023 3397 09 Board granted approval and authorized execution of a 2nd Amendment to the Agreement with Baker Donelson Bearman, Caldwell & Cerkowitz, P.C. for representation and consultation on matters relating to Federal Emergency Management Agency and other federal agencies. 010 Board granted approval and authorized execution of a 2nd Amendment to the Interlocal Agreement between Monroe County and the Monroe County Sheriff's Office (MCSO) for Consolidation and Management of Emergency Communications, for the purpose of extending the term of the Agreement through February 21, 2032 and providing for the disbursement of annual recurring revenues to MCSO by the Office of Clerk and Comptroller (Clerk), on a monthly basis, within 30 days of receipt thereof, and providing for the distribution of grant funds awarded by the state,pursuant to Subsection 365.172(6), Florida Statutes, directly to MCSO by the Clerk at the earliest possible opportunity after receipt, with notification thereof to the County Administrator and County Attorney. Ol 1 Board adopted the following Resolution approving the 2023 version of the Risk Management Policy and Procedures Contract Administration Manual, revising provisions regarding Builder's Risk Insurance requirements for vertical construction projects, repealing prior inconsistent resolutions, and providing for an effective date; and granted authorization for 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. RESOLUTION NO. 289-2023 Said Resolution is incorporated herein by reference. 013 Board granted approval of an increased rate with the Division of Administrative Hearings from $180.00 per hour to $200.00 per hour for Administrative Law Judge Services, effective October 1, 2023, as provided by the contract and pursuant to Florida Statute 120.65. 014 Board granted approval and authorized execution of the 1st Amendment to the Agreement with Kaplan, Kirsch and Rockwell, LLP to provide Legal Services. 015 Board granted approval and authorized execution of a Settlement Agreement by and between Monroe County, Florida, and 17RM Investments, LLC. SUSTAINABILITY S2 Board granted approval and authorized execution of an Interlocal Agreement with the Monroe County Tax Collector, to authorize collection of a special assessment within the Monroe County Canals Municipal Services Benefit Unit to pay for ongoing operation and maintenance costs for a new Canal Water Quality Restoration Project(Air Curtain) on Canal Nos. 82, 83 and 84 in Rock Harbor on Key Largo. S3 Board granted approval and authorized execution of an Interlocal Agreement with the Monroe County Tax Collector to authorize collection of a special assessment within the Monroe Page 116 09/20/2023 3398 County Canals Municipal Services Benefit Unit to pay for ongoing operation and maintenance costs for a new Canal Water Quality Restoration Project(Air Curtain) on Canal No. 105 in Tavernier. COUNTY ATTORNEY S4 Board granted approval and authorized execution of the Assignment of Easement to the State of Florida, Department of Management Services, for access to and operation of the Communication Tower at Sigsbee Park, Naval Air Station Key West. Motion carried unanimously. COMMISSIONER'S ITEM L2 Mr. Shillinger addressed the Board regarding a Resolution expressing opposition to proposed consolidation of the 16th and 1 lth Judicial Circuits. The following individuals addressed the Board: Holly Elomina, 16th Judicial Circuit Court Administrator; Robert Lockwood, 16th Judicial Circuit Public Defender; Dennis Ward, Monroe County State Attorney; and Albert Vigil. Kristen Livengood, Public Information Officer, addressed the Board. After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Raschein adopting the following Resolution. Motion carried unanimously. RESOLUTION NO. 290-2023 Said Resolution is incorporated herein by reference. MISCELLANEOUS BULK APPROVALS C44 Mr. Shillinger addressed the Board regarding granting purchasing authority to a designee of the Board of Governors, Monroe County Fire and Ambulance District 1, amending Monroe County Code of Ordinances to reflect granting of purchasing authority, and advertising the Ordinance change. C45 The following individual addressed the Board: Erin Woods, representing Affordable Asphalt, Inc.,regarding approval of a 1st Amendment to the 1st Street and Bertha Street Roadway Improvement Project Construction Contract with Zahlene Enterprises, Inc., waiving the 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 Florida Department of Transportation Small County Outreach Program Grant reimbursement. Mr. Shillinger addressed the Board. The Board continued the item to later in the meeting. STAFF REPORTS El Richard Strickland, Director of Airports, gave a Power Point Presentation update on the Concourse A and Terminal Improvement Program at Key West International Airport. Page 117 09/20/2023 3399 COMMISSIONER'S ITEM L1 Kevin Wilson, Assistant County Administrator, gave a Power Point Presentation regarding entering into a Maintenance Memorandum of Agreement with Florida Department of Transportation to maintain landscaping on U.S. 1 along a 4.5-mile section from mile marker 108.4 to mile marker 112.9, which includes the approximately 1-mile section at mile marker 109, known as Bikini Beach. Judy Clarke, Director of Engineering/Roads & Bridges, addressed the Board. COUNTY ADMINISTRATOR Roman Gastesi, County Administrator, advised the Board that Ed Koconis, Administrative Director—Permitting, would be replacing Bryan Cook, Director of Employee Services, as the Islamorada, Village of Island interim Village Manager and that a contract would be presented to the Board at the October meeting. Mr. Koconis addressed the Board. MISCELLANEOUS BULK APPROVAL C45 Mr. Shillinger re-addressed the Board concerning approval of a 1 st Amendment to the 1 st Street and Bertha Street Roadway Improvement Project Construction Contract with Zahlene Enterprises, Inc., waiving the 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 Florida Department of Transportation Small County Outreach Program Grant reimbursement. Motion was made by Commissioner Rice and seconded by Commissioner Lincoln granting approval of the item. Motion carried unanimously. COUNTY ATTORNEY 01 Mr. Shillinger referred the Board to the County Attorney Report for September 2023, gave an update on Shands v. City of Marathon, 3d DCA21-1987, and requested Board support in the matter of Leon County v. Florida PACE Funding Agency, 2023-CA-0002050. Said report is incorporated herein by reference. COMMISSIONER'S ITEM L3 Cindy Lewis, Director of Florida Institute of Oceanography, Keys Marine Laboratory, gave a Power Point Presentation on Keys Marine Lab's Multipurpose Academic & Research Facility Concept Designs. COUNTY ATTORNEY 02 Mr. Shillinger gave a Power Point Presentation titled Charter Government 101. The following individual addressed the Board: Patrick Foley. Page 118 09/20/2023 3400 SOUNDING BOARD ITEMS Q1 Richard Ward addressed the Board regarding the flooding on Michael Drive in Key Largo. Mr. Shillinger and Ms. Clarke addressed the Board. The following individual addressed the Board: John Jochem. Q2 Mr. Shillinger addressed the Board. Sandy Milhiser and David Hughes addressed the Board regarding the Twin Lakes/Sands Neighborhood Sustainability Projects. The following individuals addressed the Board: George Smyth, representing Stillwright Point Homeowners Association (HOA); Emilie Stewart, representing Stillwright Point HOA; Claudia Mimbela, Cindy Dresow, Mary Beth Fels, Bettye Chaplin, Dale Schumacher, Nancy K. Perez, Kim Weatherly, Shane Marshall, Cynthia Hughes, and Patrick Foley. Ms. Clarke addressed the Board. The Board of County Commissioners meeting adjourned for the Board of Governors, Fire & Ambulance District 1, meeting. FIRE & AMBULANCE DISTRICT I BOARD OF GOVERNORS The Board of Governors for the Fire & Ambulance District 1 convened. Present and answering to roll call were Mayor Craig Cates, Commissioner Holly Raschein, Commissioner David Rice, Councilman Greg Lewis, and Mayor Bruce Halle. H1 Motion was made by Commissioner Rice and seconded by Mayor Cates granting approval to renew software services for RescueNet Billing Pro, ePCR and FireRMS software from Zoll Data Systems, for one year, in the amount of$71,944.20; and grant authorization for the Fire Chief to execute all necessary documents. Motion carried unanimously. H2 Motion was made by Mayor Cates and seconded by Commissioner Raschein granting approval and authorizing execution of a 1 st Addendum to the Agreement with Professional Emergency Services, Inc. for Medical Direction for Monroe County Fire Rescue, extending the Agreement for one-year, with a 5% increase from $55,000.00 to $57,750.00 for air ambulance medical direction, and an increase from $58,000.00 to $60,900.00 for ground ambulance medical direction. The total contract amount is $118,650.00. Motion carried unanimously. H3 Mr. Shillinger addressed the Board regarding granting purchasing authority to a designee of the Board of Governors, Monroe County Fire and Ambulance District 1, and the Ordinance change to delegate signature authority on smaller contracts to the County Administrator. Motion was made by Commissioner Rice and seconded by Mayor Cates adopting the following Resolution delegating signing authority to the County Administrator, for renewal of the following contracts, set to expire on or before September 30, 2023: Kronos Incorporated/Telestaff, Bound Tree Medical LLC, Motorola Solutions, Inc., ESO Solutions Inc, and approving the Ordinance change. Motion carried unanimously. Page 119 09/20/2023 3401 RESOLUTION NO. 291-2023 Said Resolution is incorporated herein by reference. The Board of Governors, Fire & Ambulance District 1, adjourned. The Board of County Commissioners meeting reconvened with all Commissioners present. COUNTY ATTORNEY 08 Kelly Dugan, Assistant County Attorney, addressed the Board concerning a Settlement Offer in the matter of Monroe County, Florida v. Elizabeth Delgado, Case No. 22-CA-203-P. Mr. Shillinger addressed the Board. After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Raschein to reject the offer. Motion carried unanimously. 012 Mr. Shillinger addressed the Board regarding whether the Board would support the use of a legislative change allowing 1-cent Tourist Impact Tax, collected under Florida Statute 125.0108,to fund affordable housing projects and, if so, whether the Board desires to defer accepting applications for use of surplus funds for other qualifying infrastructure projects until after the 2024 legislative session. After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Scholl approving the item. Motion carried unanimously. PUBLIC HEARINGS P1 A Public Hearing was held 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. Mr. Shillinger addressed the Board. The following individuals addressed the Board: Anneliese Dietrick, representing Marathon and Lower Keys Association of Realtors; Dottie Moses, Darren Smith, President of the Key West Association of Realtors; and Van Fischer. After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Scholl to remove the language regarding the statute of limitations for Code Compliance cases, to be consistent with the rest of the municipalities and the state. Roll call vote was taken with the following results: Exact language: To remove the language regarding the statute of limitation making us like the rest of the municipalities and the rest of the State of Florida. Commissioner Lincoln Yes Commissioner Raschein No Commissioner Rice Yes Commissioner Scholl Yes Mayor Cates No Motion carried. ORDINANCE NO. 019-2023 Page 120 09/20/2023 3402 Said Ordinance is incorporated herein by reference. P2 A Public Hearing was held to consider approval of a request by Wesley House Family Services, Inc., to waive the Nonresidential Inclusionary Workforce Housing requirement applicable to redevelopment, with a 4,171 square-foot 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 No. 00453410-000000. The total required In-Lieu Fee for the project per Land Development Code, Section 139-1(f) is $75,661.94. Emily Schemper, Senior Director of Planning and Environmental Resources, gave a Power Point Presentation. The following individual addressed the Board: Aleida Jacobo, representing Wesley House Family Services. Peter Morris, Assistant County Attorney, addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Scholl adopting the following Resolution granting approval of the waiver, under Land Development Code Section 139-1(f)(4)(b)(2), that due to the nature of the proposed nonresidential development, the development furthers Comprehensive Plan policies and the purpose and intent of this subsection through means other than strict compliance with the requirements set forth herein. Motion carried unanimously. RESOLUTION NO. 292-2023 Said Resolution is incorporated herein by reference. 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. Ms. Schemper gave a Power Point Presentation. The following individual addressed the Board: Dottie Moses, President of the Island of Key Largo Federation of Homeowner's Associations. After discussion, motion was made by Commissioner Scholl and seconded by Commissioner Raschein tabling the item until the Senior Director of Code Compliance could be present. Motion carried unanimously. P4 A Public Hearing was held to consider approval of an Ordinance 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. There was no public input. Motion was made by Commissioner Lincoln and seconded by Commissioner Rice adopting the following Ordinance. Motion carried unanimously. ORDINANCE NO. 020-2023 Said Ordinance is incorporated herein by reference. Page 121 09/20/2023 3403 P5 A Public Hearing was held to consider approval of a Resolution 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, Florida Statutes, and directing staff to post both lists on the County website. There was no public input. Motion was made by Commissioner Raschein and seconded by Commissioner Scholl adopting the following Resolution. Motion carried unanimously. RESOLUTION NO. 293-2023 Said Resolution is incorporated herein by reference. The Board of County Commissioners regular meeting adjourned for the Board of County Commissioners Special Budget Hearing. After the Special Budget Hearing, the Board of County Commissioners regular meeting reconvened with all Commissioners present. COMMISSIONER'S COMMENT Commissioner Rice addressed the need for protections for non-homesteaded privately- owned properties, within the County, that rent within affordability guidelines. Mayor Cates declared the open session of the meeting closed. CLOSED SESSION K1 Mr. Shillinger announced the Attorney-Client Closed Session in the matter of Sunset Garden Estate Land Trust 211012014, by and through its successor Trustee, Simtrust Group LLC, and Sunset Gardens Farm, LLC v. Monroe County, Florida, Case No. 19-CA-460-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 Peter Morris and special outside council Andrew Mai; and a certified court reporter. 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. Page 122 09/20/2023 3404 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Special Budget Meeting Board of County Commissioners Wednesday, September 20, 2023 Key Largo, Florida& Via Communication Media Technology A special budget meeting of the Monroe County Board of County Commissioners convened at 6:45 p.m. at the Murray Nelson Government Center in Key Largo and via Communication Media Technology. Present and answering to roll call were Commissioner Michelle Lincoln, Commissioner Holly Raschein, Commissioner David Rice, Commissioner Jim Scholl, and Mayor Craig Cates. Also present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Kevin Madok, Clerk; Liz Yongue, Deputy Clerk; county staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS & DELETIONS Al There were no Additions, Corrections or Deletions to the Agenda. Motion was made by Commissioner Raschein and seconded by Commissioner Lincoln approving the agenda. Motion carried unanimously. BUDGET B 1 Tina Boan, Senior Director of Budget and Finance gave a Power Point Presentation, on the County Administrator's Fiscal Year 2024 Final Budget. Judy Clarke, Director of Engineering/Roads & Bridges, addressed the Board. B2 The following individuals addressed the Board: Troy Zinser, Cindy Dresow, Mary Beth Fels, Patrick Foley, John Jochem, John Millhiser, Bettye Chaplin, Karen Wilkinson, Mark Chandonnet, and Chris Cavallacci. B3 Motion was made by Commissioner Scholl and seconded by Commissioner Lincoln granting approval and authorizing execution of the following Fiscal Year 2024 Contracts with local non-profit human service organizations through recommendations of the Human Services Advisory Board, totaling $1,850,725.00, as follows: Applicant Amount Awarded A Positive Step of Monroe County $55,000.00 A.H. of Monroe County $100,000.00 Anchors Aweigh Club $15,000.00 Autism Society of the Keys $45,000.00 Boys & Girls Club $89,000.00 Page 11 09/20/2023 3405 Burton Memorial United Methodist Church $15,000.00 Chapters Health Hospice Keys $39,175.00 Domestic Abuse Shelter of the Florida Keys $90,000.00 Florida Keys Children's Shelter $150,000.00 Florida Keys Outreach Coalition $110,000.00 Good Health Clinic $105,600.00 Grace Jones Day Care Center $60,000.00 Heart of the Keys/Marathon Recreation Center $50,000.00 Independence Ca $35,000.00 Keys Area Interdenominational Resources $35,000.00 Keys to Be the Change $42,000.00 Kids Come First in the Florida Keys $31,250.00 Literacy Volunteers of America $50,000.00 Marathon New Life Assembly of God Kreative Kids $15,000.00 Mark Sorensen Youth Sailing Program $6,000.00 Monroe Association of ReMARCable Citizens, Inc. $205,000.00 Ocean Dreams Cancer Healing Center $2,500.00 Samuel's House $120,000.00 Special Olympics Florida $20,000.00 Star of the Sea Foundation $85,000.00 Wesley House Family Services $113,000.00 Womankind $167,200.00 Roll call vote carried unanimously. B4 Motion was made by Commissioner Raschein and seconded by Commissioner Scholl granting approval and authorizing execution of a Fiscal Year 2024 Agreement with Guidance/Care Center for The Heron, Assisted Living Facility Program, in the amount of $45,000.00, funded by the County through recommendations of the Human Services Advisory Board. Roll call vote carried unanimously, with Commissioner Rice abstaining due to conflict. B5 Motion was made by Commissioner Lincoln and seconded by Commissioner Raschein granting approval and authorizing execution of a Fiscal Year 2024 Agreement with Guidance/Care Center for the Community Transportation for Disadvantaged Program, in the amount of$28,379.00; the Innovative Service Development Program, in the amount of $10,668.00; and Baker Act Transportation Service Program, in the amount of$207,450.00. Roll call vote carried unanimously, with Commissioner Rice abstaining due to conflict. B6 Motion was made by Commissioner Raschein and seconded by Commissioner Lincoln granting approval and authorizing execution of a Fiscal Year 2024 Agreement with Guidance/Care Center (G/CC) for Substance Abuse Mental Health (SAMH) Services, in the amount of$527,507.00; and a Fiscal Year 2024 Agreement with G/CC for the Jail In-House Program, in the amount of$382,432.00. The County funding for SAMH Services is the local Page 12 09/20/2023 3406 match required by Florida Statute. Roll call vote carried unanimously, with Commissioner Rice abstaining due to conflict. B7 Motion was made by Commissioner Scholl and seconded by Commissioner Rice granting approval and authorizing execution of a Fiscal Year 2024 Agreement with Florida Keys Area Health Education Center, in the amount of$198,000.00, funded by the County through recommendations of the Human Services Advisory Board. Roll call vote carried unanimously, with Commissioner Lincoln abstaining due to conflict. B8 Motion was made by Commissioner Scholl and seconded by Commissioner Lincoln granting approval and authorizing execution of a Fiscal Year 2024 Agreement with Florida Keys Healthy Start Coalition, in the amount of$109,500.00, funded by County through recommendations of the Human Services Advisory Board. Roll call vote carried unanimously, with Commissioner Raschein abstaining due to conflict. B9 Motion was made by Commissioner Scholl and seconded by Commissioner Rice granting approval and authorizing execution of a Fiscal Year 2024 Agreement with Monroe Council of the Arts Corporation d/b/a Florida Keys Council of the Arts, in the amount of$87,800.00. Bob Shillinger, County Attorney, addressed the Board. Roll call vote carried unanimously, with Commissioner Raschein abstaining due to conflict. B10 Motion was made by Commissioner Scholl and seconded by Commissioner Lincoln granting approval and authorizing execution of a Fiscal Year 2024 Agreement with Historic Florida Keys Foundation, Inc., to develop, coordinate, and promote historic preservation in Monroe County, in the amount of$32,450.00. Mr. Shillinger addressed the Board. Roll call vote carried unanimously. The Board of County Commissioners meeting adjourned for the Board of Governors, Fire & Ambulance District 1, meeting. FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The Board of Governors for the Fire & Ambulance District 1 convened. Present and answering to roll call were Mayor Craig Cates, Commissioner Holly Raschein, Commissioner David Rice, Councilman Greg Lewis, and Mayor Bruce Halle. D1 Motion was made by Commissioner Raschein and seconded by Commissioner Rice adopting the following District I Board of Governors Resolution approving the final millage rate for Fiscal Year 2024. Roll call vote carried unanimously. RESOLUTION NO. 274-2023 Said Resolution is incorporated herein by reference. Page 13 09/20/2023 3407 D2 Motion was made by Commissioner Raschein and seconded by Councilman Lewis adopting the following District I Board of Governors Resolution approving the final budget for Fiscal Year 2024. Roll call vote carried unanimously. RESOLUTION NO. 275-2023 Said Resolution is incorporated herein by reference. The Board of Governors, Fire & Ambulance District 1, adjourned. The Board of County Commissioners meeting reconvened with all Commissioners present. BUDGET RESOLUTIONS AND ANNOUNCEMENTS El Ms. Boan announced the final millage rates. Said rates are attached hereto. E2 Motion was made by Commissioner Raschein and seconded by Commissioner Scholl adopting the following Resolution approving the final millage rates for Fiscal Year 2024. Roll call vote carried unanimously. RESOLUTION NO. 276-2023 Said Resolution is incorporated herein by reference. E3 Motion was made Commissioner Lincoln and seconded by Commissioner Scholl adopting the following Resolution approving the final operating budget for Fiscal Year 2024. Roll call vote carried unanimously. RESOLUTION NO. 277-2023 Said Resolution is incorporated herein by reference. E4 Motion was made by Commissioner Scholl and seconded by Commissioner Raschein adopting the following Resolution approving the final capital budget for Fiscal Year 2024. Roll call vote carried unanimously. RESOLUTION NO. 278-2023 Said Resolution is incorporated herein by reference. There being no further business, the special budget 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 09/20/2023 3408 This is the reading of the rolled-back rate,the final millage rate, & the percent above/below the rolled-back rate. ANNOUNCEMENTS: Taxing Authority: Monroe County Board of County Commissioners Rolled-back millage rate is 2.2529 Final millage rate is 2.7191 Final millage rate is 20.69%above tlae rolled-back rate Taxing Authority: General Purpose Municipal Service Taxing Unit Rolled-back millage rate is 0.1442 Final millage rate is 0.1765 Final millage rate is 22.40% above the rolled-back mate Taxing Authority: Local Road Patrol Law Enforcement District Rolled-back millage rate is 0.2839 Final millage rate is 0.3118 Final millage rate is 9.83610 above the rolled-back mate Taxing Authority: Lower& Middle Keys Fire and Ambulance Rolled-back millage rate is 1.6302 Final millage rate is 1.6932 Final millage rate is 3.86% above the rolled-back rate Taxing Authority: Middle Keys Health Care MSTU Rolled-back millage rate is 0.4464 Final millage rate is 0.5000 Final millage rate is 12.01% above the rolled-back rate Aggregate Rolled-back millage rate is 2.8966 Final millage rate is 3.4049 Final millage rate is 17.55% above the rolled-back mate 3409