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12/13/2023 Regular MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, December 13, 2023 Key Largo, Florida& Via Communication Media Technology A regular meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. at the Murray Nelson Government Center in Key Largo, and via Communication Media Technology. Present and answering to roll call were Commissioner Craig Cates, Commissioner Michelle Lincoln, Commissioner David Rice, Commissioner Jim Scholl, and Mayor Holly Raschein. 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 Motion was made by Commissioner Lincoln and seconded by Commissioner Cates continuing the following item until all of the current requests to amend the Monroe County Comprehensive Plan, Land Development Code, Future Land Use Map, Land Use District Map, and the proposed Development Agreement are processed and prepared to be heard at the same time: P6 A Public Hearing to consider an Ordinance amending the Monroe County Land Development Code to establish Section 130-143, creating the Tavernier Commercial Overlay District, including the purpose and intent, boundary, applicability, and NROGO allocation standards, as proposed by Smith Hawks, PL on behalf of Cemex Construction Materials Florida, LLC. Roll call vote was taken with the following results: Commissioner Cates Yes Commissioner Lincoln Yes Commissioner Rice No Commissioner Scholl Yes Mayor Raschein No Motion carried. Motion was made by Commissioner Scholl and seconded by Commissioner Rice to un- delete the following item from the agenda, and granted approval of the Additions, Corrections and Deletions to the agenda: Page 11 12/13/2023 N3 Discussion and direction regarding Christmas and New Year's holiday schedule. Motion carried unanimously. PRESENTATION OF AWARDS B 1 Presentation of Employee of the 3rd Quarter of 2023 to Bradley Albright, Inspector/Plans Examiner, Building and Permitting. B3 Presentation of Mayor's Proclamation declaring January 8, 2024 through January 12, 2024 as First Responder's Week in Monroe County. COMMISSIONER'S COMMENT Commissioner Lincoln acknowledged the County's Lower Keys Road and Bridges Department staff, who cleared U.S. 1 after a recent accident, on Cudjoe Key. BULK APPROVALS Motion was made by Commissioner Rice and seconded by Commissioner Cates granting approval of the following items by unanimous consent: C1 Board granted approval and authorized execution of the 5th Amendment to the Agreement with Beach Raker, LLC, for Beach Cleaning, Maintenance, and Beautification at Higgs Beach for the second of three one-year term extensions for services. Tourist Development Council is the funding source. C2 Board granted approval of a request for expenditure from the Monroe County Sheriff's Office (MCSO)Law Enforcement Trust Fund, as follows: $7,000.00 for the MCSO Animal Farm to help with items needed in various annual events including Easter on the Farm and Christmas on the Farm for the year 2024. C3 Board granted approval to purchase two Ford F-150 pickup trucks, in the total amount of $102,153.31, from Duval Ford LLC, through the Florida Sheriffs Association Contract No. FSA23-VEL31.0; and authorized the Fire Chief to execute all necessary documentation. C4 Board granted approval to apply for a Grant with the Federal Emergency Management Agency, Assistance to Firefighters Grant Program, in the amount of$200,000.00, for equipment that removes carcinogens from firefighter gear; and authorized the Fire Chief to execute any and all documentation required as part of the application process. C5 Board granted approval and authorized execution of a Lease Agreement with Monroe County Sheriff's Office (MCSO)to provide MCSO with 149.6 square feet of office space, at Bernstein Park on Stock Island, for one year, retroactive to August 15, 2023. Page 12 12/13/2023 C6 Board granted approval and authorized execution of a 2nd Amendment to the Management Agreement with The Young Men's Christian Association of South Florida, Inc. for Key Largo Community Park and Skate Park, amending the language regarding submission of monthly invoices and providing clarification for the process of submission of invoices and payment to the County. C7 Board adopted the following Resolution amending the Personnel Policies and Procedures Manual, adding Section 1.10, Safety in Private Spaces Act. RESOLUTION NO. 573-2023 Said Resolution is incorporated herein by reference. C8 Board granted approval of an Agreement with Baker& Taylor, LLC under the terms of Florida State Contract, Alternate Contract Source No. 55000000-23-NY-ACS, to procure books and non-print library materials and related ancillary services; and granted approval to expend up to $360,000.00 in Library Funds. C9 Board granted approval and authorized execution of a 4th Task Order to the Agreement with Anser Advisory Consulting, LLC d/b/a Anser Advisory for Professional Consulting Services for the Annual Maintenance of the Duck Key Security Services Assessment Program, for the period of October 1, 2023 through September 30, 2028. C10 Board granted approval for the Duck Key Security District to advertise for bid proposals for Duck Key Security Patrols and Services. C11 Board adopted the following Resolution approving Public Transportation Grant Agreement No. G2M95 with the Florida Department of Transportation, for funding to provide on-demand service for residents of Stock Island, in the amount of$426,000.00, with a 50% county match. RESOLUTION NO. 574-2023 Said Resolution is incorporated herein by reference. C12 Board granted approval and authorized execution of a 3rd Amendment to the Pharmacy Benefit Management Services Agreement with Capital Rx, Inc., for Mail Order Pharmacy and Home Delivery Specialty Pharmacy Pricing, transitioning mail order and specialty medication services to Optum and making some pricing changes, effective January 1, 2024. C13 Board granted approval and authorized execution of Florida Department of Environmental Protection Grant Agreement No. A2424 for the renovation of Bernstein Park on Stock Island. The Grant is administered by the Florida Recreation Development Assistance Program, in the amount of$200,000.00 with a $200,000.00 county match. Funded by the American Rescue Plan Act. Page 13 12/13/2023 C14 Board granted approval and authorized execution of an Agreement with the lowest responsive and responsible bidder, Sport Surfaces, LLC, in the amount of$398,000.00, for the Key Largo Pickleball Installation Project, to install 10 new pickleball courts. Funded by Tourist Development Council, District III Impact Fees and the American Rescue Plan Act. C15 Board granted approval to upgrade the Mitel MiVoice Business platform to the most current supported version, through Morse Communications, Inc., as a sole source purchase in accordance with the Monroe County Purchasing Policy, in the amount of$7,500.00; and authorized the Information Technology Director to sign the proposal and any related documentation. C16 Board granted approval to advertise a Request for Proposals to procure, replace, and install three sets of detention grade double doors leading into the recreation yard at the Monroe County Detention Center on Stock Island, if the quotes obtained from a Request for Services exceed the Purchasing Policy limits that would require Board approval. C17 Board granted approval to ratify and authorized execution of the 1st Amendment to the Contract with Kisinger Campo & Associates, Corp. for Engineering Design and Permitting Services for Mosquito Creek Bridge Replacement Project, in the amount of$32,720.42, for additional soil borings and geotechnical investigation of bridge approaches, which was approved by the County Administrator on November 21, 2023. C18 Board granted approval to ratify and authorized execution of the 1st Amendment to the Contract with Kisinger Campo & Associates, Corp. for Engineering Design and Permitting Services for Tubby's Creek Bridge Replacement Project, in the amount of$32,720.42, for additional soil borings and geotechnical investigation of bridge approaches, which was approved by the County Administrator on November 21, 2023. C19 Board accepted the Report of monthly Change Orders for the month of November 2023, reviewed by the County Administrator/Assistant County Administrator. Said report is incorporated herein by reference. C20 Board granted approval and authorized execution of a 1st Amendment to the Management Contract with Key West Art and Historical Society, Inc. for the Key West Lighthouse property, to extend the term of the contract, on a month-to-month basis, not to exceed six months. C21 Board granted approval to advertise a Public Hearing for a Budget Amendment for Fiscal Year 2024 to amend various Capital Funds. C22 Board adopted the following Resolution adopting the National Institute of Standards and Technology's Cybersecurity Framework as the Cybersecurity Standard for Monroe County, Florida, as required by Florida Statute 282.3185. Page 14 12/13/2023 RESOLUTION NO. 575-2023 Said Resolution is incorporated herein by reference. C23 Board granted approval to advertise a Public Hearing for a Budget Amendment for Fiscal Year 2024, to amend Fund 162, Law Enforcement Trust Fund. C24 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. 576-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 2). RESOLUTION NO. 577-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 3). RESOLUTION NO. 578-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 4). RESOLUTION NO. 579-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 5). RESOLUTION NO. 580-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 581-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 582-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 583-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 9). RESOLUTION NO. 584-2023 Said Resolution is incorporated herein by reference. Page 5 12/13/2023 Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 585-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 586-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 587-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 588-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 589-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 590-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 591-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17). RESOLUTION NO. 592-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 18). RESOLUTION NO. 593-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19). RESOLUTION NO. 594-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20). RESOLUTION NO. 595-2023 Said Resolution is incorporated herein by reference. Page 6 12/13/2023 Receipt of Unanticipated Funds (OMB Schedule Item No. 21). RESOLUTION NO. 596-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 22). RESOLUTION NO. 597-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 23). RESOLUTION NO. 598-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 24). RESOLUTION NO. 599-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 25). RESOLUTION NO. 600-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 26). RESOLUTION NO. 601-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 27). RESOLUTION NO. 602-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 28). RESOLUTION NO. 603-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 29). RESOLUTION NO. 604-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 30). RESOLUTION NO. 605-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 31). RESOLUTION NO. 606-2023 Said Resolution is incorporated herein by reference. Page 7 12/13/2023 Receipt of Unanticipated Funds (OMB Schedule Item No. 32). RESOLUTION NO. 607-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 33). RESOLUTION NO. 608-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 34). RESOLUTION NO. 609-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 35). RESOLUTION NO. 610-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 36). RESOLUTION NO. 611-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 37). RESOLUTION NO. 612-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 38). RESOLUTION NO. 613-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 39). RESOLUTION NO. 614-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 40). RESOLUTION NO. 615-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 41). RESOLUTION NO. 616-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 42). RESOLUTION NO. 617-2023 Said Resolution is incorporated herein by reference. Page 8 12/13/2023 Receipt of Unanticipated Funds (OMB Schedule Item No. 43). RESOLUTION NO. 618-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 44). RESOLUTION NO. 619-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 45). RESOLUTION NO. 620-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 46). RESOLUTION NO. 621-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 47). RESOLUTION NO. 622-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 48). RESOLUTION NO. 623-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 49). RESOLUTION NO. 624-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 50). RESOLUTION NO. 625-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 51). RESOLUTION NO. 626-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 52). RESOLUTION NO. 627-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 53). RESOLUTION NO. 628-2023 Said Resolution is incorporated herein by reference. Page 9 12/13/2023 Receipt of Unanticipated Funds (OMB Schedule Item No. 54). RESOLUTION NO. 629-2023 Said Resolution is incorporated herein by reference. Amending Resolution No. 413-2023 (OMB Schedule Item No. 55). RESOLUTION NO. 630-2023 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 56). RESOLUTION NO. 631-2023 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 57). RESOLUTION NO. 632-2023 Said Resolution is incorporated herein by reference. C25 Board granted approval and authorized execution of a Contract with Florida Department of Health, for operation of the Monroe County Health Department for Contract Year 2023-2024. Changes and additions to the fee schedule include: 1) increasing Vital Statistics Fees; 2) adding Civil Surgeon Refugee Health Physicals; 3) adding School Health Physicals; and 4) adding Occupational Physicals. C26 Board adopted the following Resolution approving an American Rescue Plan Act, Small County Outreach Program, Grant Agreement with Florida Department of Transportation, to partially fund construction for the Key Largo III Roadway and Drainage Improvement Project, in the additional grant amount of$731,707.00, with a local match in the amount of$416,684.00. RESOLUTION NO. 633-2023 Said Resolution is incorporated herein by reference. C27 Board adopted the following Resolution approving the fee schedule for primary care services, community public health services, vital statistics, medical records, and related administrative charges offered by Monroe County Health Department. RESOLUTION NO. 634-2023 Said Resolution is incorporated herein by reference. TOURIST DEVELOPMENT COUNCIL D1 Board granted approval and authorized execution of a 1st Amendment to the Agreement with Mote Marine Laboratory, Inc. for the Mote - Coral Restoration - Islamorada 2023 Project, to extend the completion date of the project to December 31, 2024. Page 110 12/13/2023 D2 Board granted approval and authorized execution of a 1st Amendment to the Agreement with Mote Marine Laboratory, Inc. for the Mote - Coral Restoration - Key Largo 2023 Project, to extend the completion date of the project to December 31, 2024. D3 Board granted approval and authorized execution of a 3rd Amendment to the Agreement with Florida Keys Wild Bird Rehabilitation Center, Inc. for the Florida Keys Wild Bird Center Pelican Pond Reconstruction Phase 11 Project, to extend the completion date of the project to December 31, 2024. COUNTY LAND ACQUISITION AND LAND MANAGEMENT F1 Board granted approval and authorized execution of a 99-year Ground Lease with Habitat for Humanity of Key West and Lower Florida Keys, Inc., for Lot 11, Block 22, Big Pine Cove (PB 3-131); Property Identification No. 00308490-000000; 31530 Avenue D, bay side of Big Pine Key, near mile marker 31. F2 Board granted approval and authorized execution of a 99-year Ground Lease with Habitat for Humanity of Key West and Lower Florida Keys, Inc., for Lot 5, Block 3, Sam-N-Joe Subdivision (PB 3-76); Property Identification No. 00300250-000000; 30936 Nathalie Street, bay side of Big Pine Key near mile marker 31. F3 Board granted approval and authorized execution of a 99-year Ground Lease with Habitat for Humanity of Key West and Lower Florida Keys, Inc., for Lot 8, Block 1, Amended Plat of The Ladies Acre (PB 5-96); Property Identification No. 00222830-000000; 26249 Julia Avenue, bay side of Little Torch Key near mile marker 28. F4 Board granted approval and authorized execution of a 99-year Ground Lease with Habitat for Humanity of Key West and Lower Florida Keys, Inc., for Lot 9, Block 1, Amended Plat of The Ladies Acre (PB 5-96); Property Identification No. 00222830-000100; 26269 Julia Avenue, bay side of Little Torch Key near mile marker 28. F5 Board granted approval and authorized execution of a 99-year Ground Lease with Habitat for Humanity of Key West and Lower Florida Keys, Inc., for Lot 13, Block 36, Sands Subdivision (PB 1-65); Property Identification No. 00305070-000000, 31142 Avenue F, bay side of Big Pine Key near mile marker 31. F6 Board granted approval and authorized execution of a 99-year Ground Lease with Habitat for Humanity of Key West and Lower Florida Keys, Inc., for Lot 7, Block 41, Sands Subdivision (PB 1-65); Property Identification No. 00305850-000000, 31371 Avenue F, bay side of Big Pine Key near mile marker 31. F7 Board granted approval and authorized execution of a 99-year Ground Lease with Habitat for Humanity of Key West and Lower Florida Keys, Inc., for Lot 10, Block 41, Sands Subdivision (PB 1-65); Property Identification No. 00305880-000000, 31372 Avenue G, bay side of Big Pine Key near mile marker 31. Page 111 12/13/2023 F8 Board granted approval and authorized execution of 99-year Ground Lease with Habitat for Humanity of Key West and Lower Florida Keys, Inc., for Lot 9, Block 49, Sands Subdivision (PB 1-65); Property Identification No. 00307000-000000; 31250 Avenue I; bay side of Big Pine Key near mile marker 31. F9 Board granted approval and authorized execution of a Contract with William Kenton Reese, Jr. to purchase a Less Than Fee Interest in Block 2, Lots 15 and 16, Doctors Arm Subdivision on Big Pine Key near mile marker 30, in the amount of$99,999.00, for density reduction purposes. F10 Board granted approval and authorized execution of a 16th Amendment to State Lands Management Lease No. 4549 with the State of Florida Internal Improvement Trust Fund for the management of certain state-owned conservation lands. Fl 1 Board adopted the following Resolution ratifying the addition of a portion of Florida Keys Marathon International Airport property to the inventory of Monroe County Conservation Lands, in accordance with Monroe County Ordinance No. 008-2023. RESOLUTION NO. 635-2023 Said Resolution is incorporated herein by reference. F12 Board adopted the following Resolution amending Resolution 268-2006 to allow land donated by Habitat for Humanity of Key West and Lower Florida Keys, Inc. to be used for conservation purposes only, instead of the original proposed use as a storm recovery staging area or County Park, and to add said land to the inventory of Monroe County Conservation Lands to be managed by the County's Land Steward. RESOLUTION NO. 636-2023 Said Resolution is incorporated herein by reference. F13 Board adopted the following Resolution waiving fines and costs for Code Compliance Case No. CE22010071 for real property at 31568 Avenue D, Lots 15, 16, and 17, Block 22, Big Pine Cove Subdivision, with Property Identification No. 00308540- 000000, which has been purchased by the Monroe County Land Authority, and is to be used for affordable housing development. RESOLUTION NO. 637-2023 Said Resolution is incorporated herein by reference. AIRPORTS Il Board granted approval to adjust public parking fees at Key West International Airport (Airport), effective January 1, 2024, to make the Airport's rates more comparable to other south Florida airports and will increase the Airport's non-aeronautical revenue to help support efforts to Page 112 12/13/2023 remain self-sufficient and not receive any Ad Valorem Funding. The fee for the covered public parking lot will increase from $21.00 per day to $23.00 per day, and the weekly rate from $126.00 to $138.00. The surface public parking lot will also increase from $18.00 per day to $19.00 per day, and the weekly rate from $108.00 to $114.00. The first hour of the surface lot will remain free. 12 Board granted approval and authorized execution of an Interlocal Agreement with the Utility Board of the City of Key West, Florida d/b/a Keys Energy Services, Inc. for an underground feeder extension providing redundant power feed to Key West International Airport (Airport), in the amount of$1,500,000.00, for materials and general construction (plus an additional, not to exceed, amount of$250,000.00 for environmental mitigation if required by the permit), to be funded by Florida Department of Transportation Grant No. G2090 for Airport Terminal Concourse A (50%) and Airport Revenue Bonds (50%). I3 Board granted approval and authorized execution of a 2nd Amendment to the Lease Agreement with the United States of America, General Services Administration, adding an additional 1,701 square feet of office and related space at Key West International Airport for occupancy and use by the Transportation Security Administration. I4 Board granted approval and authorized execution of a new On-Airport Land Lease with the United States of America, Department of Transportation, Federal Aviation Administration, Contract No. 690EG4-23-L-00089, for the Air Traffic Control Tower located at Key West International Airport. I5 Board granted approval to advertise a Request for Proposals for Parking Lot Management Services at Key West International Airport. I6 Board granted approval and authorized execution of a 3rd Amendment to the Marathon Fixed Base Operator Agreement with Coast FBO, LLC d/b/a Marathon General Aviation, revising the milestone dates that the Fixed Base Operator(FBO) must submit plans, specifications and commence construction, at FBOs sole expense, of a new FBO Operations Center on vacant land at Florida Keys Marathon International Airport (Airport), and leasing 62 parking spaces at the Airport to the FBO at the rate of$2.00 per parking space per day. I7 Board granted approval and authorized execution of a 2nd Amendment to the Marathon Fixed Based Operator(FBO)Agreement with Grantair Service, Inc. and Marathon Aviation Associates, LLC, revising milestone dates for the FBO to relocate and construct, at FBOs sole expense, a new fuel farm, and removing the requirement for construction of a new hangar complex at Florida Keys Marathon International Airport. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS J1 Board granted approval to re-appoint Mr. Rudolph Krause for one additional three-year term to the Contractors Examining Board, with a term to expire January 21, 2027. Page 113 12/13/2023 J2 Board adopted the following Resolution establishing the monetary value of$75,727.00 per point, for payment to Monroe County Land Acquisition Fund for an applicant to voluntarily choose to participate and receive additional points (maximum of two points available per application, for $151,453.00)within the Rate of Growth Ordinance/Non-Residential Rate of Growth Ordinance Allocation Systems. RESOLUTION NO. 638-2023 Said Resolution is incorporated herein by reference. J3 Board adopted the following Resolution approving the reservation of three moderate- income affordable housing Rate of Growth Ordinance allocations for proposed affordable housing dwelling units to be developed as employer-owned rental housing, as defined in Land Development Code (LDC) Section 101-1 and pursuant to LDC Section 139-1(b)(6)k, at Brinton Environmental Center, located at 23800 Overseas Highway, on Summerland Key, currently having Property Identification No. 00114850-000000, until December 13, 2024, to allow time for Building Permit issuance. RESOLUTION NO. 639-2023 Said Resolution is incorporated herein by reference. J4 Board adopted the following Resolution setting the date, time, and place for a Public Hearing concerning the proposed abandonment of a portion of the County right-of-way situated at, about, or on East First Street, as shown on the Plat of Mandalay Subdivision, Plat Book 1, Page 194, bounded on the Northwest by Block 2, bounded on the Northeast by East First Street, bounded on the Southeast by Block 3, and bounded on the Southwest by Second Avenue; and a portion of the County right-of-way situated at, about, or on East Second Street, as shown on the Plat of Mandalay Subdivision, Plat Book 1, Page 194, bounded on the Northwest by Block 3, bounded on the Northeast by East Second Street, bounded on the Southeast by Lots 1 through 8, Block 4, and bounded on the Southwest by East Second Avenue, Section 06, Township 62 South, Range 39 East, Key Largo, Florida, as requested by Smith Hawks, PL on behalf of My Family Trust, LLC and Key Marina Development, LLC. RESOLUTION NO. 640-2023 Said Resolution is incorporated herein by reference. J5 Board adopted the following Resolution amending Resolution 284-2023, the Permitting Fee Schedule, adding fees associated with a new Building Safety Inspection Program, including original and decennial application fees, in the amount of$400.00, and re-reviews and extension request fees, in the amount of$100.00; and providing for an implementation date. RESOLUTION NO. 641-2023 Said Resolution is incorporated herein by reference. Page 114 12/13/2023 COMMISSIONER'S ITEM L2 Board granted approval and authorized execution of an Interlocal Agreement with Southwest Florida Workforce Development Board, Inc. d/b/a CareerSource Southwest Florida, for the County's inclusion in the Southwest Florida Workforce Development Consortium. COUNTY CLERK M1 Board approved the minutes from the July 18, 2023, special budget meeting and July 19, 2023, regular meeting. Said minutes are incorporated herein by reference. M2 Board granted approval of Tourist Development Council expenses for the month of November 2023, as follows: Vendor Amount Advertising $0.00 Bricks & Mortar Projects $150,272.12 Events $64,264.51 Office Supplies & Operating Costs $33,787.97 Personnel Services $132,911.43 Public Relations $0.00 Sales & Marketing $48,927.38 Telephone &Utilities $16,784.95 Travel $16,174.92 Visitor Information Services $79,110.67 M3 Board granted approval of BOCC Warrants 10126621-10127797 (AP); 29840-29915 (WC); all payroll direct deposited to employee's bank accounts for the month of November 2023, as follows: Fund Fund Title Amount 001 General Fund $3,196,428.19 101 Fine & Forfeiture $5,803,156.13 102 Road/Bridges $265,443.30 104 Middle Keys Health Care MSTU $29,024.02 115 Tourist Development Council-Two $94,252.16 Penn 116 TDC - Admin Promo 2 Cent $135,061.34 117 TDC - District 1 Third Cent $249,036.18 118 TDC - District 2 Third Cent $105,440.15 119 1 TDC - District 3 Third Cent $123,680.83 120 TDC - District 4 Third Cent $169,863.05 Page 15 12/13/2023 Fund Fund Title Amount 121 TDC - District 5 Third Cent $62,696.35 125 Grant Fund $2,312,684.74 141 Fire/Ambulance $972,441.60 147 Unincorporated Service $296,939.79 148 Planning Building $560,563.69 149 Municipal Policing $798,595.41 150 E911 Enhancement Fund $87,191.26 152 Duck Key Security $9,327.51 153 Local Housing Assistance $71,964.69 157 Boating Improvement Fund $8,426.07 158 Miscellaneous Special Revenue Fund $101,435.58 160 Environmental Restoration $12,979.01 163 Court Facilities $10,093.42 177 Canal 4266 MSBU $415.48 180 Building Funds $368,103.80 304 1 Cent Infrastructure $1,422,368.40 316 Land Acquisition $65,182.50 401 Card Sound Bride $137,188.36 403 Florida Keys Marathon International $3,366,574.24 Airport 404 Key West International Airport $1,453,101.03 405 Key West International Airport Series $2,087,179.56 2022 Revenue Bonds 414 MSD Solid Waste $1,961,443.83 501 Workers' Compensation $97,520.96 502 Group Insurance Fund $2,282,881.68 503 Risk Management Fund $288,514.10 504 Fleet Management Fund $279,800.87 610 Fire/EMS LOSAP Trust Fund $2,805.00 M4 Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. Said list is incorporated herein by reference. COUNTY ADMINISTRATOR N2 Board granted approval of the publication of the County's 2024 Holiday Schedule. Said schedule is incorporated herein by reference. N6 Board granted approval and authorized execution of an Interlocal Agreement with Ocean Reef Volunteer Fire Department, Inc. for funding, in the amount of$266,000.00, to purchase a powered ambulance cot, powered stair chair, emergency communications systems, the software necessary to operate those systems, and an incident command vehicle. Page 116 12/13/2023 N8 Board granted approval and authorized execution of an Environmental Maintenance Easement Agreement with Monroe County Comprehensive Plan Land Authority for use of their property, Lot 5, Block 18, Eden Pines Colony, Big Pine Key, Florida for the Canal Restoration Program installation and maintenance of injection wells for Canal No. 278. COUNTY ATTORNEY 01 Board accepted the County Attorney monthly Report for the month of December 2023. Said report is incorporated herein by reference. 02 Board granted approval to allow the liens against Kazi M. Ahmed and his property, located at 125 Colson Drive, Cudjoe Key, Florida, arising from Code Compliance Case Nos. CE16030040, CE19060032 and CE19060042, which are subordinate to a federal tax lien and a $600,000.00 mortgage, to remain in place and revisited in a year. 03 Board granted approval to initiate litigation against Stanley E. Leisner Estate and their property, 30611 24th Lane, Big Pine Key, Florida, to seek compliance with the County Code and enforce the lien(s) arising from Code Compliance Case No. CE21110018. 04 Board granted approval to initiate litigation against Pennie D. May and Drew Taylor Brownell and their property, 102 2nd Court, Key Largo, Florida, to seek compliance with the County Code and enforce the lien(s) arising from Code Compliance Case No. CE20120031. 05 Board adopted the following Resolution authorizing the release of a lien for Code Compliance Case No. CE22120017 against the property at 31484 Avenue F, Big Pine Key, Florida, with Property Identification No. 00304430-000100. RESOLUTION NO. 642-2023 Said Resolution is incorporated herein by reference. 07 Board granted approval to initiate litigation against Ana D. Borges and Crystal Valery Loperena and their property, 48 Bonefish Avenue, Key Largo, Florida, to seek compliance with the County Code and enforce the lien(s) arising from Code Compliance Case No. CE21020086. 08 Board granted approval to allow a Code Compliance Lien against Judith Ann Jack and her property, 26822 Shannahan Road, Ramrod Key, Florida, arising from Code Compliance Case No. CE17050048, to remain against the property owner, the subject property, and any other property owned by the property owner. COMMISSIONER'S ITEMS R1 Board granted approval of Commissioner Cates' appointment of Roberta DiPiero, replacing Marlene Durazo, to the Key West International Airport Ad-Hoc Committee on Noise. Page 117 12/13/2023 R2 Board granted approval of Commissioner Cates' appointment of Monica Faraldo, replacing Norma Faraldo, to the Key West International Airport Ad-Hoc Committee on Noise. TOURIST DEVELOPMENT COUNCIL R3 Board granted approval and authorized execution of a Sponsorship Agreement and Addendum with Slamdance Group, in the amount of$11,752.00, to sponsor the 2024 Slamdance Film Festival in Park City, Utah. Motion carried unanimously. STAFF REPORT El Richard Strickland, Director of Airports, gave a Power Point Presentation,Key West International Airport Airline Capacity Update First Quarter 2024. TOURIST DEVELOPMENT COUNCIL D4 The following individuals addressed the Board regarding a 1 st Amendment to the Agreement with Cherry Bekaert Advisory LLC for Professional Services for Forensic Auditing, to add Risk Assessment Services: Dottie Moses, representing Island of Key Largo Federation of Homeowner Associations; and Roger McVeigh, representing Last Stand. Motion was made by Commissioner Cates and seconded by Commissioner Lincoln granting approval and authorizing execution of the Amendment. Motion caried unanimously. COMMISSIONER'S ITEM L1 Roman Gastesi, County Administrator and Bob Shillinger, County Attorney addressed the Board regarding the State of Florida Hurricane Evacuation Modeling update and potential for additional Rate of Growth Ordinance allocations for Monroe County. The following individuals addressed the Board: Dottie Moses,representing Island of Key Largo Federation of Homeowner Associations; Ann Olsen, representing Last Stand; Van Cadenhead; Steve Williams, representing the City of Marathon; George Garrett, representing the City of Marathon; and Stuart Schaffer, representing Sugarloaf Shores Property Owners Association. Emily Schemper, Senior Director of Planning and Environmental Resources, addressed the Board. After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Cates adopting the following Resolution drafted by the County Attorney relating to the State of Florida's 2023 hurricane evacuation clearance times summary. Motion carried unanimously. RESOLUTION NO. 572-2023 Said Resolution is incorporated herein by reference. Page 118 12/13/2023 PUBLIC HEARINGS The Board discussed item P6, which was continued. Mr. Schillinger and Ms. Schemper addressed the Board. The item was tabled to later in the meeting. P7 A Public Hearing was held to consider a Resolution approving the request for Administrative Relief pursuant to Land Development Code, Section 138-27, made by Thomas Rothdeutsch on property described as Lot 12, Block 11, Tropical Bay Third Addition, Big Pine Key, Florida having Property Identification No. 00314240-000000, in the form of a purchase offer from the Monroe County Land Authority. Ms. Schemper gave a Power Point Presentation. The following individual addressed the Board: Thomas Rothdeutsch, the property owner. Mr. Shillinger and Christine Hurley, Land Authority Executive Director, addressed the Board. After discussion, motion was made by Commissioner Lincoln and seconded by Commissioner Cates adopting the following Resolution. Roll call vote carried unanimously. RESOLUTION NO. 572A-2023 Said Resolution is incorporated herein by reference. P8 A Public Hearing was held to consider a Resolution approving the request for Administrative Relief pursuant to Land Development Code, Section 138-27, made by Harold and Sherry Fried on property described as Lot 36, Block 6, Harris Ocean Park Estates, Key Largo, Florida having Property Identification No. 00449340-000000, in the form of a purchase offer from the Monroe County Land Authority. Ms. Schemper gave a Power Point Presentation. The following individual addressed the Board: Harold Fried, the property owner. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Scholl adopting the following Resolution. Roll call vote carried unanimously. RESOLUTION NO. 57213-2023 Said Resolution is incorporated herein by reference. COUNTY ATTORNEY 09 Mr. Shillinger addressed the Board regarding the right-of-way located at the end of Bay Drive. The following individuals addressed the Board: Whitney Wemett, representing Surfrider Florida Keys; Rhenna Surlyhorse, Nancy Diersing, Barbara Overton, Chris Burns, and Allison Mahaffi. The Board continued the item to the March 20, 2024 regular meeting in Key Largo. COUNTY ADMINISTRATOR N7 Kelly McKinnon, Executive Director of the Pigeon Key Foundation, Inc., gave a Power Point Presentation,Pigeon Key Year in Review 2023. Kevin Wilson, Assistant County Administrator, addressed the Board. Page 119 12/13/2023 PUBLIC HEARING Mr. Shillinger addressed the Board concerning the following item: P6 A Public Hearing to consider an Ordinance by the Monroe County Board of County Commissioners amending the Monroe County Land Development Code to establish Section 130- 143, creating the Tavernier Commercial Overlay District, including the purpose and intent, boundary, applicability, and NROGO allocation standards, as proposed by Smith Hawks, PL on behalf of Cemex Construction Materials Florida, LLC. After discussion, the Board scheduled a Special Meeting to address the item,to be held on Thursday, February 15, 2024 at 10:00 a.m. in Key Largo. COUNTY ADMINISTRATOR N5 Mr. Gastesi addressed the Board regarding the purchase of the South Cliff Estates Development, a 28-unit housing development located at approximately mile marker 95 in Key Largo, for employee housing. The Board took no official action. PUBLIC HEARING P1 A Public Hearing was held to consider approval of a Resolution transmitting to the State Land Planning Agency an Ordinance amending the Monroe County Future Land Use Map from Residential Medium to Mixed Use/Commercial for property located at 103925, 103935, 103945, 103955, 103965 Overseas Highway, Key Largo, Monroe County, Florida, as proposed by Abit Holdings, LLC (Monroe County Planning and Environmental Resources Department File No. 2019-029). Devin Tolpin, Principal Planner with Planning and Environmental Resources, gave a Power Point Presentation. The following individuals addressed the Board: Harry Castro, Joan King, Jose Peixoto, David King, Trisha Woods, Susan Gorthy, William Corbett III, Maryann Warren, Kathy Urban, Lucas Rowell, Pat Meighan, David McDaniel, Adam Foley, Randy Robertson, Melanie Cepero, Henry Menendez, Frank Pla, Steven Levine, and Jaime Gilrein. David Thompson, representing Abit Holding, LLC, gave a Power Point Presentation. After discussion, motion was made by Commissioner Scholl and seconded by Commissioner Rice adopting the following Resolution. Roll call vote was taken with the following results: Commissioner Cates No Commissioner Lincoln Yes Commissioner Rice Yes Commissioner Scholl Yes Mayor Raschein No Motion carried. RESOLUTION NO. 643-2023 Said Resolution is incorporated herein by reference. Page 120 12/13/2023 COUNTY ADMINISTRATOR N5 The following individual addressed the Board regarding the purchase of the South Cliff Estates Development, a 28-unit housing development located at approximately mile marker 95 in Key Largo, for employee housing: Dottie Moses. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS J6 Ms. Schemper addressed the Board regarding a Resolution approving the reservation of 10 moderate-income affordable housing Rate of Growth Ordinance allocations, as requested by Abit Holdings, LLC, for proposed affordable housing dwelling units at 103925, 103935, 103945, 103955, and 103965 Overseas Highway, Key Largo, Monroe County, Florida, currently having Property Identification Nos. 00475240-000000, 00475250-000000, 00475260-000000, 00475270-000000, and 00475280-000000 until December 13, 2024, for Building Permit issuance. The following individual addressed the Board: Jaime Gilrein. Motion was made by Commissioner Lincoln and seconded by Commissioner Scholl adopting the following Resolution. Motion carried unanimously. RESOLUTION NO. 644-2023 Said Resolution is incorporated herein by reference. PUBLIC HEARINGS P2 A Public Hearing was held to consider an Ordinance approving an Amendment to the Monroe County Tier Overlay District Map from Tier I to Tier I11, for a portion of the property located at 18 Kay Drive, Key Largo, mile marker 101, described as a strip of land 125 feet wide lying in Section 21, Township 61, Range 39 East, Key Largo, Monroe County, Florida, being part of Tract 7, and part of Tract 8, Largo Sound-Tarpon Basin properties, Plat Book 4, Page 130, currently having Property Identification No. 00086580-000000, as proposed by Rafael Bezanilla;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 Tier Overlay District Map; providing for an effective date. Michael Roberts, Assistant Director of Environmental Resources, gave a Power Point Presentation. Ms. Schemper and Mr. Shillinger addressed the Board. The following individuals addressed the Board: Jose Gallardo; Mercedes Lozada, representing Rafael Bezanilla; Lisa Reves, representing Calusa Campground; and Sury Veliz. Peter Morris, Assistant County Attorney, addressed the Board. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Lincoln granting approval of the item. Roll call vote was taken with the following results: Commissioner Cates No Commissioner Lincoln Yes Commissioner Rice Yes Commissioner Scholl No Mayor Raschein No Page 121 12/13/2023 Motion failed. P3 A Public Hearing was held to consider approval of a Resolution electing to use the uniform method of collecting Non-Ad Valorem Special Assessments levied within the County toward the cost of providing capital costs and/or operations and maintenance costs for roadway improvements, flood mitigation projects and addressing sea level rise projects for the Twin Lakes subdivision in Key Largo, located within unincorporated Monroe County. The following individual addressed the Board: John Millhiser. Cynthia Hall, Assistant County Attorney, and Mr. Shillinger addressed the Board. Motion was made by Commissioner Lincoln and seconded by Commissioner Scholl adopting the following Resolution. Motion carried unanimously. RESOLUTION NO. 645-2023 Said Resolution is incorporated herein by reference. P4 A Public Hearing was held to consider approval of a Resolution electing to use the uniform method of collecting Non-Ad Valorem Special Assessments levied within the County toward the cost of providing capital costs, operations and maintenance costs for Canal Nos. 255, 293, 297 and 299 in Big Pine Key, and Canal Nos. 470, 472, 474, 475, and 476 in Geiger Key, located within unincorporated Monroe County. There was no public input. Motion was made by Commissioner Lincoln and seconded by Commissioner Scholl adopting the following Resolution. Motion carried unanimously. RESOLUTION NO. 646-2023 Said Resolution is incorporated herein by reference. P5 A Public Hearing was held to consider an Ordinance Amending Monroe County Code Chapter 6, Article II, Division 3, Subdivision 11, Section 6-102, Permit Application Time Limitations, to be consistent with the Florida Building Code. 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. 028-2023 Said Ordinance is incorporated herein by reference. COUNTY ATTORNEY 06 Mr. Shillinger requested to hold an Attorney-Client Closed Session in the matter of Monroe County v. Carol Greco, Code Compliance Case No. CE21020029, 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 January 31, 2024, meeting in Marathon, Florida, at 9:00 a.m. or as soon thereafter as the matter may be heard. Motion carried unanimously. Page 122 12/13/2023 010 Mr. Shillinger gave the Board an update on the County Charter. The Board took no official action. COUNTY ADMINISTRATOR N4 Lindsey Ballard, Business Manager County Administration, addressed the Board regarding the Commissioners' Fiscal Year 2024 appointments to various duties. Motion was made by Commissioner Lincoln and seconded by Commissioner Scholl granting approval of the current appointments. Motion carried unanimously. Said appointments are attached hereto. N3 Mr. Shillinger; Bryan Cook, Director of Employee Services; and Mr. Gastesi addressed the Board regarding the County's Christmas and New Year's holiday schedule. The Board took no official action. 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